Tex. R. Civ. P. 329b

TIME FOR FILING MOTIONS

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RULE 329b. TIME FOR FILING MOTIONS
The following rules shall be applicable to motions for new trial and motions to modify, correct, or
reform judgments (other than motions to correct the record under Rule 316) in all district and
county courts:
(a) A motion for new trial, if filed, shall be filed prior to or within thirty days after the judgment
or other order complained of is signed.
(b) One or more amended motions for new trial may be filed without leave of court before any
preceding motion for new trial filed by the movant is overruled and within thirty days after
the judgment or other order complained of is signed.
(c) In the event an original or amended motion for new trial or a motion to modify, correct or
reform a judgment is not determined by written order signed within seventy-five days after
the judgment was signed, it shall be considered overruled by operation of law on expiration
of that period.
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(d) The trial court, regardless of whether an appeal has been perfected, has plenary power to
grant a new trial or to vacate, modify, correct, or reform the judgment within thirty days
after the judgment is signed.
(e) If a motion for new trial is timely filed by any party, the trial court, regardless of whether
an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify,
correct, or reform the judgment until thirty days after all such timely-filed motions are
overruled, either by a written and signed order or by operation of law, whichever occurs
first.
(f) On expiration of the time within which the trial court has plenary power, a judgment cannot
be set aside by the trial court except by bill of review for sufficient cause, filed within the
time allowed by law; provided that the court may at any time correct a clerical error in the
record of a judgment and render judgment nunc pro tunc under Rule 316, and may also
sign an order declaring a previous judgment or order to be void because signed after the
court's plenary power had expired.
(g) A motion to modify, correct, or reform a judgment (as distinguished from motion to correct
the record of a judgment under Rule 316), if filed, shall be filed and determined within the
time prescribed by this rule for a motion for new trial and shall extend the trial court's
plenary power and the time for perfecting an appeal in the same manner as a motion for
new trial. Each such motion shall be in writing and signed by the party or his attorney and
shall specify the respects in which the judgment should be modified, corrected, or
reformed. The overruling of such a motion shall not preclude the filing of a motion for new
trial, nor shall the overruling of a motion for new trial preclude the filing of a motion to
modify, correct, or reform.
(h) If a judgment is modified, corrected or reformed in any respect, the time for appeal shall
run from the time the modified, corrected, or reformed judgment is signed, but if a
correction is made pursuant to Rule 316 after expiration of the period of plenary power
provided by this rule, no complaint shall be heard on appeal that could have been presented
in an appeal from the original judgment.
Notes and Comments
Comment to 1988 change: Amended to conform with repeal of Rule 317.
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SECTION 11. TRIAL OF CAUSES
K. Certain District Courts

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