How to Appeal a Court’s Decision in Texas?
If your trial was held at a district court in Texas and you are unhappy with the result, you can appeal. You must first file a notice of appeal.
Notice of Appeal
You must file your notice of appeal with the clerk of the court where your trial was held. You have only thirty days to file your notice of appeal. Your notice of appeal must include the following:
- The trial court where the case was held.
- The case number.
- The party who is appealing.
- The appeals court that you are taking the case to.
- Name and address of all parties involved.
- Service of notice proving you supplied the notice to all affected parties.
The clerk of the district court will alert the appellate court that you have filed and requested a transcript of the case.
The next step is to prepare your brief.
The most important document in an appeal is the brief. Here you replay the facts and make an argument about what errors you want to be corrected. Your brief must also contain the following:
- Names, addresses and contact information for all parties involved.
- Table of contents.
- Index of authorities.
- Statement of the case.
- Statement of the facts.
- Request for oral argument.
- Issues presented.
- Summary of the arguments.
- Prayer, a short conclusion.
- Appendix of all accompanying paperwork.
You must file your appellant brief thirty days following the notice of appeal. The appellee has another thirty days to submit their brief, and you have another twenty days to file a reply brief if you want.
If you chose in your brief to include an oral argument, you will be scheduled to appear before the justice to present your case.
Finally, a panel of three judges will review all the paperwork along with any oral arguments and make a decision. You will be notified in writing of their final opinion.
If after receiving the final opinion, you are not happy, you can file a petition to have it reviewed again or take your case to the Supreme Court.