Spotting the Seeds of Appeal: A Paralegal’s Guide to Protecting the Record

In the world of appellate law, deadlines aren’t just important — they’re everything. For paralegals, understanding how and when appellate rights are triggered can make the difference between preserving a case or losing it before it ever reaches an appellate court.

Texas appellate practice is built on rules, structure, and strict timelines. While attorneys may craft the strategy, much of the behind-the-scenes work that keeps an appeal viable falls to paralegals. From tracking deadlines to assembling records and monitoring dockets, paralegals are often the first line of defense against waived error.

Why Paralegals Matter in Appellate Practice

Appeals rely entirely on what happened in the trial court — the record is closed, the timeline is rigid, and everything hinges on compliance with procedural rules. Paralegals help ensure:

• deadlines are tracked and met,
• the correct documents make it into the appellate record,
• post-judgment motions are timely filed,
• notices are properly served,
• and teams stay organized and informed.

Missing even a single deadline can eliminate a client’s right to appeal. That’s why a solid foundation in the Texas Rules of Appellate Procedure (TRAP), Texas Rules of Civil Procedure (TRCP), and Civil Practice & Remedies Code (CPRC) is essential.

Understanding Appeals in Texas

What an Appeal Is (and Isn’t)

An appeal asks a higher court to review the trial court’s decision — not retry the case. No new evidence is considered. The appellate court reviews only the record to determine whether harmful error occurred.

Types of Appeals

• Ordinary Final-Judgment Appeals: These occur after the trial court has issued a final judgment resolving all claims and all parties.
• Accelerated Appeals: These arise from specific interlocutory orders—typically listed in CPRC § 51.014. Deadlines are much shorter, and many trigger automatic stays.
• Restricted Appeals: For parties who did not participate in the trial. Must be filed within six months.

Notice of Appeal: The Critical First Step

A notice of appeal is simple but absolutely essential. It must:

• identify the parties,
• identify the judgment being appealed,
• be filed on time.

Deadlines are crucial: 30 days after judgment, 90 days if a timely post-judgment motion is filed, and 20 days for accelerated appeals. After filing, the appellant must also file a docketing statement and pay filing fees.

Building the Appellate Record

The record consists of:

• The Clerk’s Record: Pleadings, motions, orders.
• The Reporter’s Record: Trial transcripts and exhibits.

Paralegals are often responsible for ensuring timely designation, order placement, and communication with reporters and clerks.

Mandamus Proceedings: When an Appeal Isn’t Enough

A writ of mandamus is an extraordinary remedy used when the trial court clearly abused its discretion, and no adequate appellate remedy exists. Paralegals help assemble certified documents, prepare the appendix, and ensure service on all parties and the judge.

Post-Judgment Practice: Where Deadlines Multiply

Once judgment is signed, the clock starts ticking. Key post-judgment deadlines include:

• Motion for New Trial: 30 days
• Motion to Modify: 30 days
• Findings of Fact/Conclusions of Law Request: 20 days
• Notice of Appeal: 30 or 90 days

If a post-judgment motion is filed, the trial court’s plenary power may extend up to 105 days.

Late Notice of Judgment: The Danger Zone

If counsel does not receive notice of a judgment within 20 days, Rule 306a and TRAP 4.2 provide relief—but only if strict requirements are met, including filing a sworn motion, proving the date notice was received, and obtaining a trial-court order.

Findings of Fact & Conclusions of Law

Available only after bench trials—not jury trials, summary judgments, or dismissals. Critical deadlines include:

• Request: 20 days after judgment
• Court’s response: 20 days
• Past-due notice: 30 days after request
• Additional findings: 10 days after findings

Missing any of these deadlines can waive error on appeal.

Bill of Review: The Last-Chance Remedy

A bill of review is an independent action to set aside a judgment no longer subject to appeal. To win, the petitioner must show a meritorious claim or defense, wrongful prevention (fraud, accident, official mistake), and lack of negligence.

Best Practices for Paralegals in Appellate Law

• ✔ Use multiple calendars
• ✔ Double- and triple-check deadlines
• ✔ Create organized document indexes
• ✔ Monitor court dockets regularly
• ✔ Communicate clearly with attorneys and clients
• ✔ Keep detailed records of all filings and dates

Managing Clients During Appeals

Paralegals often serve as the steadying presence for clients who feel overwhelmed by the slow pace or complexity of appeals. Helpful strategies include:

• explaining the process in plain language,
• providing realistic timelines,
• giving regular updates,
• maintaining professional boundaries.

Clients want reassurance that the case is moving forward — and paralegals often provide that clarity and stability.

This guide offers a foundation, but mastery comes from practice, repetition, and staying alert to the details that make or break an appeal.