Texas court deadline
When is a justice court motion for new trial denied automatically in Texas?
If the judge has not ruled on a motion to set aside, motion to reinstate or motion for new trial, the motion is denied automatically at 5:00 p.m. on the 21st day after the judgment was signed.
- What the date means
- If the judge has not ruled on a motion to set aside, motion to reinstate or motion for new trial, it is denied automatically at this date and time.
- The clock starts
- Use the date the justice of the peace SIGNED the judgment. The judgment must be dated the day it was signed. Not the trial date. Eviction cases have their own option below.
- Applies to
- Only if one of those motions was filed in a justice court case and the judge has not ruled on it.
- Time of day
- Due at 5:00 p.m.
- Rule
- Tex. R. Civ. P. 505.3(e)
How to count it
Do not count the starting day. Count 21 calendar days, including weekends and holidays. This happens on its own, and weekends and holidays do not move it.
This is not something you file. It is a date when something happens automatically under the rule. Knowing it helps you plan the deadlines that depend on it.
Worked example
Say the starting date was Monday, June 1, 2026. Here is each step:
- Start: Monday, June 1, 2026. That day itself is not counted.
- Count 21 calendar days: Monday, June 22, 2026.
- This happens automatically on this date; weekends and holidays do not move it.
- Time of day: at 5:00 p.m.
Under Tex. R. Civ. P. 505.3(e), counting from Monday, June 1, 2026, the computed date is
Monday, June 22, 2026
This is an example only. Your own date depends on your starting date and your court.
Watch out for
- This happens on its own. You may not get a separate notice.
- The 21-day appeal period then starts from this denial (Rule 506.1(a)). Use the “justice court denied my motion” option to count it.
- If day 21 falls on a weekend or holiday, ask the clerk which date the court uses. We did not move it.
Not reviewed by an attorney. ProSeFiler’s deadline rules were written from the official rule text, but no lawyer has reviewed them. Read the rule yourself and confirm every date with the court clerk.
Count your own date.
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Common questions
When is a justice court motion for new trial denied automatically in Texas?
If the judge has not ruled on a motion to set aside, motion to reinstate or motion for new trial, the motion is denied automatically at 5:00 p.m. on the 21st day after the judgment was signed. If the judge has not ruled on a motion to set aside, motion to reinstate or motion for new trial, it is denied automatically at this date and time.
Does a weekend or holiday change the date?
No. This date is not a filing deadline. It happens on its own, and a weekend or holiday does not move it.
Who does this rule apply to?
Only if one of those motions was filed in a justice court case and the judge has not ruled on it.
Where does this rule come from?
Tex. R. Civ. P. 505.3(e). Read the official text yourself and confirm the date with the court clerk. ProSeFiler last checked this rule against the official text on Sunday, November 8, 2026.
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