Texas court deadline
When is a motion for new trial overruled by operation of law in Texas?
If the judge has not signed a written ruling on a timely motion for new trial within 75 days after the judgment was signed, the motion is overruled automatically.
- What the date means
- If the judge has not ruled on a timely motion for new trial in writing by this day, it is overruled automatically on this date.
- The clock starts
- Use the date the judge SIGNED the order (look near the signature line). Not the hearing date and not the date you received it.
- Applies to
- Only if a motion for new trial (or motion to modify) was filed on time.
- Rule
- Tex. R. Civ. P. 329b(c)
How to count it
Do not count the starting day. Count 75 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 75 calendar days: Saturday, August 15, 2026.
- This happens automatically on this date; weekends and holidays do not move it.
Under Tex. R. Civ. P. 329b(c), counting from Monday, June 1, 2026, the computed date is
Saturday, August 15, 2026
This is an example only. Your own date depends on your starting date and your court.
Watch out for
- Nothing is mailed to you when this happens. The motion is simply denied by law.
- The trial court keeps power over the case for 30 more days after this date, then loses it (plenary power).
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.
ProSeFiler’s Deadlines tool counts this rule from your date, shows every step, and warns you about weekends and holidays.
Free to start. No account. Your case stays encrypted on your device.
Common questions
When is a motion for new trial overruled by operation of law in Texas?
If the judge has not signed a written ruling on a timely motion for new trial within 75 days after the judgment was signed, the motion is overruled automatically. If the judge has not ruled on a timely motion for new trial in writing by this day, it is overruled automatically on this date.
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 a motion for new trial (or motion to modify) was filed on time.
Where does this rule come from?
Tex. R. Civ. P. 329b(c). 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.
Related deadlines
- Motion for new trial What is the deadline for a motion for new trial in Texas?
- Trial court loses power to change the judgment (no post-judgment motion filed) When does a Texas trial court lose plenary power?
- Latest the trial court keeps power (when a motion for new trial was filed) How long does a Texas court keep plenary power after a motion for new trial?
- Request for findings of fact and conclusions of law When is a request for findings of fact and conclusions of law due in Texas?
- Notice of appeal — ordinary appeal How long do I have to file a notice of appeal in Texas?
- Notice of appeal — after a timely motion for new trial (or similar) Does a motion for new trial extend the appeal deadline in Texas?
- Notice of appeal — accelerated appeal What is the deadline for an accelerated appeal in Texas?
- Notice of restricted appeal How long do I have to file a restricted appeal in Texas?