Texas Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Texas relief starts with a motion for new trial. Under TRCP 329b(a), a motion for new trial, if filed, must be filed before or within 30 days after the judgment or order complained of is signed. A motion to modify, correct or reform the judgment runs on the same 30-day clock.

2. 2

   The clock runs from the day the judgment is signed. Rule 329b(d) gives the trial court plenary power to grant a new trial or vacate, modify, correct or reform the judgment within 30 days after the judgment is signed.

3. 3

   A timely motion extends the court's power. If the court does not rule by written order within 75 days after the judgment was signed, the motion is overruled by operation of law (329b(c)), and plenary power ends 30 days after the motion is overruled (329b(e)).

4. 4

   Grounds under TRCP 320 are good cause, or damages that are manifestly too small or too large. Rules 321 and 322 require each point to refer specifically to the ruling or proceeding complained of; general objections will not be considered.

5. 5

   After plenary power expires, Rule 329b(f) says a judgment can be set aside only by a bill of review for sufficient cause, filed within the time allowed by law. The court may also sign an order declaring a judgment void because it was signed after plenary power expired. Ask the clerk or a lawyer about the bill of review deadline.

6. 6

   Filing a motion does not by itself stop enforcement. Ask the court separately for a stay. If you were served by publication, Rule 329(b) says execution is not suspended unless you give a bond fixed under Appellate Rule 47 and approved by the clerk.

7. 7

   Justice court has its own track. Under TRCP 505.3, a motion to set aside a default or for new trial is due within 14 days after the judgment is signed, and a motion to reinstate within 14 days after the dismissal order is signed. Each must be served on the other side by the next business day and is automatically denied at 5:00 p.m. on the 21st day if the judge has not ruled. In eviction cases, Rule 510.18(i) says no motion for new trial may be filed; Rule 510.19 lets a party appeal an eviction judgment instead.

Texas Requirements for Motion to Vacate

• 30-Day Filing Deadline

  TRCP 329b(a): a motion for new trial, if filed, must be filed before or within 30 days after the judgment or order complained of is signed. Motions to modify, correct or reform follow the same clock.

• Overruled by Operation of Law

  TRCP 329b(c), (e): a motion not decided by written order within 75 days after signing is overruled, and plenary power ends 30 days after all timely motions are overruled.

• Grounds for a New Trial

  TRCP 320: good cause, or damages manifestly too small or too large. Rules 321 and 322: each point must identify the specific ruling or proceeding; general objections are not considered.

• Written and Signed Motion

  TRCP 320: each motion for new trial must be in writing and signed by the party or the party's attorney.

• Bill of Review After Plenary Power

  TRCP 329b(f): after plenary power expires, a judgment can be set aside only by bill of review for sufficient cause, filed within the time allowed by law, or by an order declaring a judgment void because signed after plenary power expired.

• Publication Service Petition

  TRCP 329(a)-(b): a defendant served by publication who did not appear may petition within 2 years after signing, showing good cause by affidavit. Execution is not suspended without a bond under Appellate Rule 47.

• Justice Court 14-Day Motions

  TRCP 505.3: motions to set aside a default, reinstate or for new trial (none in eviction cases) are due within 14 days after signing, served by the next business day, and, if the judge has not ruled, automatically denied at 5:00 p.m. on the 21st day.

• No New Trial in Eviction Cases

  TRCP 510.18(i): no motion for new trial may be filed in a justice court eviction case. Rule 510.19 lets a party appeal the judgment instead.