Timeline of the Appeals Process
If a notice of appeal is not timely filed, the right to appeal may be lost.
The appellant must file a notice of appeal within thirty days after the sentencing, unless the defendant’s trial attorney filed a motion for new trial in the case. If a motion for new trial was timely filed, the defendant has ninety days from the sentencing to file a notice of appeal.
The trial court clerk and the reporter must then prepare records of the trial court’s proceedings and must file the records from the trial court proceedings within sixty or 120 days after the sentencing, depending on whether a motion for new trial was filed in the case.
Once the appellate court receives the clerk’s record and the reporter’s record, the appellant typically has thirty days to prepare and file a written brief setting out the appellant’s arguments about what happened in the trial court.
After the appellant’s brief is filed, the other side (the appellee) has thirty days to file a written brief responding to the appellant’s arguments.
There is no deadline for the appellate court to issue its opinion, and the amount of time the court will take to issue an opinion depends on the complexity of the case, the number of issues raised by the appellant, and the overall workload of the court.