Please note: Eviction appeals differ in that they are in JP Court. Contact our office for details on using a Notice of Appeal in an eviction case.
Notice of Appeal
A notice of appeal is a short statement filed with the court clerk stating that a party is dissatisfied with the trial court’s judgment and wants to appeal the decision. Failure to file a timely notice of appeal will lead to dismissal of the appeal.
How long do I have to file a notice of appeal?
A party must file a notice of appeal in civil cases within 30 days after the trial court signs the judgment. However, a party has:
90 days to file a notice of appeal if any party timely files:
A motion for new trial;
A motion to modify the judgment;
A motion to reinstate; or
A request for findings of fact and conclusions of law;
• only 20 days to file a notice of appeal in an accelerated appeal;
• 6 months to file a notice of appeal in a restricted appeal;
• only 14 days to file a notice of cross-appeal after another notice of appeal is filed or within the appropriate time period if it meets the qualifications above.
What do I have to file in my notice of appeal?
The notice of appeal must include, per TRAP 25.1(d), the following:
1. Identity of the trial court;
2. The case’s trial court number;
3. Style (who sued who);
4. Date of the judgment or order being appealed from;
5. State that the party desires to appeal the decision
6. State the name of the Court of Appeals the case is being appealed to; and
7. State the name of each party filing the notice.
When I file a notice for appeal, do I have to file any other documents?
A party must serve the notice of appeal on all parties to the trial court’s final judgment and include a certificate of service with the notice of appeal. A party should file a docketing statement (see TRAP 32.1 for more information on docketing statements) and pay the clerk of the appellate court all required fees. If a party is seeking indigent status, he must notify the appellate court if he is presumed indigent (TRAP 20.1(a)(3)), or must file an affidavit of indigence before or with the notice of appeal. When filing a notice of appeal a party should also state if the case is an accelerated appeal.
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