The Texas Governor declared a state of disaster in all 254 counties in the state due to the threat of COVID-19, and many of the courthouses have ceased operations. It is important to note, however, that the appellate courts have continued to operate as usual and deadlines have not been extended. The Supreme Court of Texas has ordered that appellate deadlines remain the same, and if a party desires to extend a deadline, they must request that relief in accordance with the Texas Rules of Appellate Procedure. According to the Eighth Emergency Order Regarding the COVID-19 State of Disaster issued on April 1, 2020, this includes deadlines for perfecting appeal and other appellate proceedings. In other words, the deadline to file notice of appeal from a trial have not been relaxed as a result of the pandemic. Furthermore, deadlines for filing briefs remain in place as well. Thankfully, the Texas Supreme Court instructed appellate courts to “generously” grant relief for extensions, although it is important that the party properly requests that relief.
If you are concerned about an upcoming appellate deadline, contact our firm today for a free consultation.