Mechanism 30
Restricted appeal
Can you appeal a Texas judgment six months after it was signed?
Yes, if you did not participate in the hearing that produced it and did not file a post-judgment motion, a request for findings, or a timely notice of appeal. A restricted appeal runs six months from the signing of the judgment. The trade is that the error has to be apparent on the face of the record, because no evidence outside it may be considered.
By John P. Henry · Tex. R. App. P. 30, 26.1(c) · Reviewed 2026-08-02
The authority
A party who did not participate — either in person or through counsel — in the hearing that resulted in the judgment complained of and who did not timely file a postjudgment motion or request for findings of fact and conclusions of law, or a notice of appeal within the time permitted by Rule 26.1(a), may file a notice of appeal within the time permitted by Rule 26.1(c).Tex. R. App. P. 30
Tex. R. App. P. 30, 26.1(c)
When it applies
Default judgments above all. Defective service, a missing return, a due-diligence affidavit that says nothing, an award of unliquidated damages on no evidence — all of it shows on the record or not at all, which is exactly the posture a restricted appeal is built for.
How it is proved up
- Check the four elements before anything else: a party to the suit, filing within six months, no participation in the hearing, and error apparent on the face of the record.
- Be precise about the fourth. Rule 30 itself supplies only three requirements — the face-of-the-record requirement is judicial gloss, and attributing it to the rule is the kind of slip a court of appeals notices.
- Work the service record line by line. Return on file ten days under Rule 107(h), service in the exact manner the substituted-service order authorised, the Secretary of State’s certificate showing the statutory forwarding address.
- Non-participation means not participating in the hearing that produced the judgment — it is not the same as never having appeared in the case.
- Order the reporter’s record even if you expect there is none. Its absence where evidence was required is itself error on the face of the record.
What defeats it
- Participation in the dispositive hearing, however brief.
- A post-judgment motion or request for findings, which forecloses the remedy.
- Error that requires evidence outside the record to show, which is what a bill of review is for.
- The six months, which runs from the signing of the judgment and not from discovery of it.
Where I have used it
The natural sequel to the service and default work in this catalog. The reason those entries dwell on due-diligence affidavits and returns is that a restricted appeal six months later reads nothing else.
Questions
How long do you have to file a restricted appeal in Texas?
Six months after the judgment or order is signed, under Tex. R. App. P. 26.1(c).
What are the elements of a restricted appeal?
The appellant must be a party to the suit who did not participate in the hearing that resulted in the judgment, must not have filed a timely post-judgment motion, request for findings, or notice of appeal, must file within six months, and must show error apparent on the face of the record.
What does 'error on the face of the record' mean?
That the error must be shown by the papers and any reporter's record already before the appellate court, without extrinsic evidence. It is why defective service is the classic restricted-appeal ground and why fraud or accident generally is not.