What is a “restricted appeal”? What is a “writ of error appeal”?

If a party misses the deadline to file a traditional appeal, it may still be possible for that a party to file a “restricted appeal.” Specifically, if a party who did not participate (either in person or through counsel) in the hearing that resulted in a final judgment and who did not timely file a post-judgment motion (e.g., motion for new trial), timely file a request for findings of fact and conclusions of law, or file a notice of appeal by the usual deadline to do so, the party may file a notice of restricted appeal up to six months after the judgment was signed. See Texas Rules of Appellate Procedure 26.1(c), 30. Prior to the Texas Supreme Court revising the Texas Rules of Appellate Procedure effective September 1, 1997, a “restricted appeal” was called a “writ of error appeal” or an “appeal by writ of error.” See former Texas Rule of Appellate Procedure 45. A “writ of error appeal” is not the same thing as an “application for writ of error,” which was the means by which a party would seek review from the Texas Supreme Court during that same time period (i.e., before September 1, 1997). See former Texas Rule of Appellate Procedure 130.

Back to Frequently Asked Questions