Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Appeal law covers the legal procedures you use to challenge a court decision after a trial or other final ruling. In Katy, Texas, appeals follow state and sometimes federal appellate systems depending on the type of case. Most appeals begin in the trial court where the case was decided - for example, municipal, county, or district courts in the counties that include Katy - and then move to the appropriate Texas court of appeals. For criminal matters of state law the appeal process can ultimately reach the Texas Court of Criminal Appeals; for civil matters the path can lead to the Texas Supreme Court. Federal issues or federal court judgments may be appealed through the federal circuit and up to the United States Supreme Court. Appeals are primarily legal reviews of the trial record - they generally do not permit new evidence or a second trial on factual disputes.
Appeals are highly technical and governed by strict rules and deadlines. You may need a lawyer if:
- You want to challenge a trial court judgment because of legal error, improper procedure, or incorrect application of law.
- You did not receive a favorable ruling on a dispositive issue like liability, sentence, custody, property division, or damages and want a reversal or remand.
- You need help preserving rights for appeal by creating an adequate trial record or filing post-trial motions within deadlines.
- You require specialized briefing and oral-argument skills to persuade an appellate panel on questions of law or standard of review.
- You need advice on post-appeal options such as motions for rehearing, petitions for review, or federal habeas corpus petitions.
An appellate lawyer brings experience with the rules of appellate procedure, standards of review, briefing strategy, and oral argument - all of which materially affect the chances of a successful appeal.
Key local and procedural matters important to appeals in Katy include:
- Jurisdiction and venue - Katy spans Harris, Fort Bend, and Waller counties. The initial trial court and the county that issued the judgment determine where an appeal starts. The appeal will go to the Texas court of appeals that covers the county where the trial court sits.
- Preservation of error - Texas courts generally require parties to timely object at trial and pursue the appropriate post-trial motions to preserve issues for appeal. Failure to preserve an issue often results in waiver.
- Record on appeal - The written clerk record and, where applicable, the reporter’s record of hearings and testimony form the basis for appellate review. Appellate courts generally review only what is in the record.
- Deadlines - Texas appellate practice has strict, jurisdictional time limits for filing notices of appeal, briefs, motions, and other pleadings. Missing a deadline can end your appeal.
- Standards of review - Different issues attract different standards. Questions of law are reviewed de novo, factual findings are reviewed for factual sufficiency or clear error, and discretionary rulings are reviewed for abuse of discretion.
- Stay and supersedeas - If a party wants to delay enforcement of a judgment during appeal, procedures exist to request a stay or post a supersedeas bond. Requirements vary based on case type and local rules.
- Types of appeals - Final judgments are appealable as of right. Some interlocutory orders may be appealable by statute or by petition for writ of mandamus. Criminal matters have separate rules for direct appeal and post-conviction relief.
An appeal is a request for a higher court to review a lower court’s decision for legal errors. Appellate courts can affirm the judgment, reverse it, remand the case back to the trial court for further proceedings, or modify the judgment. Appeals usually do not involve taking new testimony or evidence.
Timelines vary by case type. In many civil cases a notice of appeal must be filed within 30 days of the final judgment, although certain post-judgment motions can extend that deadline. Criminal appeals typically require a notice of appeal within 30 days of sentencing or entry of judgment in most cases. These are general rules - you should confirm exact deadlines with a lawyer or the local clerk immediately because missing the deadline can bar your appeal.
No. Appeals are usually limited to reviewing the record from the trial court to determine if legal errors occurred. The appellate court does not conduct a new trial or hear new evidence. In rare situations where the record is inadequate, the court may remand the case for further fact-finding.
Generally no. Texas courts require that parties preserve issues by making timely objections at trial and pursuing appropriate post-trial remedies. There are narrow exceptions - for example, fundamental error or matters affecting jurisdiction - but these are limited. An appellate lawyer can evaluate whether any exception might apply.
Appeal timelines vary widely. Simple appeals may be resolved in months, while complex matters or appeals to higher courts can take a year or more. If the case proceeds to a petition for review at the Texas Supreme Court, or to federal courts, the process will be longer.
Costs include attorney fees, filing fees, fees for preparing the clerk’s record and reporter’s transcript, and potential costs for bonds or security. Appellate work tends to be billed hourly or by a flat fee for discrete tasks. Costs can be significant, so discuss fee structure, estimates, and possible fee-shifting statutes or sanctions with your lawyer.
Yes, you can represent yourself, but appeals are technical and procedurally demanding. Courts expect briefs and filings to comply with strict rules. Many self-represented appellants struggle with procedural requirements. If you consider self-representation, you should at least consult an appellate attorney to understand risks and deadlines.
After an intermediate appeals court issues a decision, a party can ask the Texas Supreme Court or the Texas Court of Criminal Appeals to review the decision by filing a petition for review or petition for discretionary review. These higher courts have discretionary jurisdiction over most civil appeals and limited discretion in criminal appeals, meaning they decide which cases to accept.
In many cases, pleading guilty or entering a plea bargain limits the right to appeal. Some pleas preserve specific reserved issues for appeal if done properly. Other appeals may be available on jurisdictional issues, ineffective assistance of counsel, or collateral habeas relief. Consult a criminal appellate attorney promptly to explore options.
After the decision, the losing party can request a rehearing or file a petition for review to a higher court if permitted. If no further review is sought or allowed, the appellate decision becomes final and the trial court’s mandate issues. The prevailing party can then seek enforcement of the judgment, subject to any stays or supersedeas arrangements.
Helpful organizations and offices for appeals in Katy and Texas include:
- County clerk offices for Harris County, Fort Bend County, and Waller County - for filing information and local procedures.
- Texas Judicial Branch - for court rules and statewide court information.
- Texas Rules of Appellate Procedure and local appellate rules - for procedural requirements and filing rules.
- Texas Supreme Court and Texas Court of Criminal Appeals - for information about appellate jurisdiction and published opinions.
- State Bar of Texas - for lawyer referral services and information about certified appellate specialists.
- Texas Appellate Lawyers Association - a professional group focused on appellate practice and resources.
- Local legal aid and pro bono organizations - for low-income litigants seeking help with appeals or referrals to pro bono counsel.
- Office of Court Administration - for administrative guidance and forms related to appellate practice.
If you are considering an appeal in Katy, follow these steps:
- Act quickly - Appeals have strict deadlines. Contact an attorney or the court clerk immediately to confirm any filing deadlines that apply to your case.
- Gather your file - Collect the trial court judgment, all pleadings, motions, orders, transcripts, and exhibits. The appellate record is typically built from these documents.
- Preserve rights - If your case is still at the trial stage, make sure to object on the record and file post-trial motions when appropriate to preserve issues for appeal.
- Consult an appellate lawyer - Look for counsel with appellate experience. Ask about fee arrangements, prior appellate results, and their process for handling record preparation, briefing, and oral argument.
- Consider the goal of the appeal - Discuss realistic outcomes - reversal, remand, modification, or affirmance - and alternatives like settlement or post-judgment motions.
- Plan for costs and timing - Prepare for the financial and time commitment of appellate litigation. Ask your lawyer about cost estimates and potential funding options.
- Follow court rules - Ensure all filings comply with the Texas Rules of Appellate Procedure and any applicable local rules to avoid procedural default.
Taking these steps and consulting a qualified appellate attorney will give you the best chance of preserving issues and pursuing a successful appeal.
