Appeal Information

Appeal Information (Eviction/Civil)

Appeal means to call upon a higher court to review a lower court’s decision.

**APPEALS WILL NOT BE ACCEPTED THROUGH EFILE AT THIS TIME. MUST BE FILED IN PERSON.**

Justice Court Rules

Texas Rules of Civil Procedure

Eviction Appeal: Texas Rules of Civil Procedure (T.R.C.P) 510.19

a) How Taken; Time. A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs under (c) with the justice court within 5 days after the judgment is signed. A defendant who files an appeal must affirm, under penalty of perjury, the defendant’s good faith belief that the defendant has a meritorious defense and that the appeal is not for the purpose of delay. Such affirmation is not reviewable by the justice court. An appeal is perfected when a bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs is timely filed with the justice court.

b) Amount of Security; Terms. The justice court judge will set the amount of the bond or cash deposit to include the items enumerated in Rule 510.21, taking into consideration the money required to be paid into the court registry in a residential eviction appeal. The bond or cash deposit must be payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and payment of any judgment and all costs rendered against it on appeal.

c) Statement of Inability to Afford Payment of Court Costs.

(1) Filing. An appellant who cannot furnish a bond or pay a cash deposit in the amount required may instead file a Statement of Inability to Afford Payment of Court Costs. The Statement must be on the form approved by the Supreme Court or include the information required by the Court-approved form. A party who perfects an appeal of a justice court judgment with a Statement of Inability to Afford Payment of Court Costs is not required to pay the county court filing fee or file an additional Statement of Inability in the county court to waive costs on appeal.

(2) Contest. The Statement may be contested as provided in Rule 510.7 within 5 days after the opposing party receives notice that the Statement was filed.

(3) Appeal If Contest Sustained. If the contest is sustained, the appellant may appeal that decision by filing notice with the justice court within 5 days of that court’s written order. The justice court must then forward all related documents to the county court for resolution. The county court must set the matter for hearing within 5 days and hear the contest de novo, as if there had been no previous hearing, and, if the appeal is granted, must direct the justice court to transmit to the clerk of the county court the transcript, records, and papers of the case, as provided in these rules.

(4) If No Appeal or If Appeal Overruled. If the appellant does not appeal the ruling sustaining the contest, or if the county court denies the appeal, the appellant may, within one business day, post an appeal bond or make a cash deposit in compliance with this rule.

d) Payment of Rent in Appeals.

(1) Notice. If a defendant appeals a residential eviction, the justice court must provide to the defendant a written notice at the time the appeal is filed that contains the following information in bold or conspicuous type. see Rule 510.19(d)(1)

(2) Defendant May Remain in Possession. A defendant who appeals a residential eviction is entitled to stay in possession of the premises during the pendency of the appeal by complying with the following procedure: see Rule 510.19(d)(2)

e) Notice to Other Parties Required. If a Statement of Inability to Afford Payment of Court Costs is filed, the court must provide notice to all other parties that the Statement was filed no later than the next business day. Within 5 days of filing a bond or making a cash deposit, an appellant must serve written notice of the appeal on all other parties using a method approved under Rule 510.5.

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Civil Appeal: Texas Rules of Civil Procedure (T.R.C.P) 506.1

A) How Taken, Time: A party may appeal a judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the Justice Court within 21 days after the judgment is signed or motion to reinstate, motion to set aside, or motion for new trial, if any is denied (Rule 506.1(a)).

B) Amount of Bond; Sureties; Terms: A plaintiff must file a $500 bond. A defendant must file a bond in an amount equal to twice the amount of the judgment. The bond must be supported by a surety or sureties approved by the judge. The bond must be payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and payment of any judgment and all costs rendered against it on appeal.

C) Cash Deposit in Lieu of Bond: In lieu of filing a bond, an appellant may deposit with the clerk of the court cash in the amount required of the bond. The deposit must be payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and payment of any judgment and all costs rendered against it on appeal.

D) Statement of Inability:

1. Filing: An appellant who cannot furnish a bond or pay a cash deposit in the amount required may instead file a Statement of Inability to Afford Payment of Court Costs. The Statement must be on the form approved by the Supreme Court or include the information required by the Court-approved form and may be the same one that was filed with the petition (Rule 506.1(d)(1))

2. Contest: The statement may be contested as provided in Rule 502.3(d) within seven days after the opposing party receives notice that the Statement was filed.

3. Appeal if contest sustained: If the contest is sustained, the appellant may appeal that decision by filing notice with the justice court within seven days of that court’s written order.

4. If no appeal or if appeal overruled: If the appellant does not appeal the ruling sustaining the contest, or if the county court denies the appeal, the appellant may, within five days, post an appeal bond or make a cash deposit in compliance with this rule.

Notice to Other Parties Required: If a Statement of Inability to Afford Payment of Court Costs is filed, the court must provide notice to all other parties that the Statement was filed no later than the next business day. Within seven days of filing a bond or making a cash deposit, an appellant must serve written notice of the appeal on all other parties using a method approved under Rule 501.4.