Appellate Law

20 Questions About Texas Appellate Practice

By D. Todd Smith

Now that the Texas Supreme Court has broken for the summer (sort of), I'd like to start a series I'm calling "20 Questions About Texas Appellate Practice."  My intent is to answer the questions someone unfamiliar with Texas appellate law might ask when faced with the prospect of taking or defending an appeal in the Lone Star State.

Here's what I've come up with so far: 

1.   How is the Texas appellate court system structured?

2.   What kinds of orders are subject to appeal in Texas?

3.   What is required to perfect appeal?

4.   If an appeal is not available, do I have any other options for obtaining higher court review?

5.   What are post-trial motions, and what is their effect?

6.   Is a judgment automatically stayed while the case is on appeal?

7.   What is the appellate record, and how do I go about getting it?

8.   What is a docketing statement?

9.   What rules apply to appellate briefs, and when must briefs be filed?

10.  What standards do appellate courts use when reviewing a trial court’s rulings?

11.  How long will an appeal take?

12.  What will an appeal cost?

13.  Will the court of appeals hold oral argument in my case?

14.  What can I expect from oral argument?

15.  What are my chances for obtaining relief on appeal?

16.  What are my options if I lose in the court of appeals?

17.  How does the Texas Supreme Court’s petition for review process work?

18.  When does an appellate court’s judgment become final and enforceable?

19.  Does Texas recognize appellate practice as a specialty?

20.  What value does an appellate specialist add to a trial team?

Each question will be the subject of its own post.  As I go through them, I will update this post to hyperlink each question to its respective answer.  The list is flexible, so if you have a question that you don't think I intend to cover, please send it to me, and I'll see about working it in.

As always, comments are welcome.  Stay tuned!

Full post as published by Texas Appellate Law Blog on July 16, 2008 (boomark / email).