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Texas court deadline

How long does a Texas court keep plenary power after a motion for new trial?

When a timely motion for new trial is filed, the trial court keeps its power until 30 days after the motion is overruled. If it is overruled by law on day 75, that is 105 days after the judgment.

What the date means
When a timely motion for new trial is overruled by operation of law on day 75, the trial court’s power ends 30 days later — 105 days after signing. If the judge rules earlier, it ends 30 days after that ruling instead.
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 timely motion for new trial or motion to modify was filed. If the judge signed an order ruling on it, count 30 days from that order instead.
Rule
Tex. R. Civ. P. 329b(c), (e)

How to count it

Do not count the starting day. Count 105 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:

  1. Start: Monday, June 1, 2026. That day itself is not counted.
  2. Count 105 calendar days: Monday, September 14, 2026.
  3. This happens automatically on this date; weekends and holidays do not move it.

Under Tex. R. Civ. P. 329b(c), (e), counting from Monday, June 1, 2026, the computed date is

Monday, September 14, 2026

This is an example only. Your own date depends on your starting date and your court.

Watch out for

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.

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Common questions

How long does a Texas court keep plenary power after a motion for new trial?

When a timely motion for new trial is filed, the trial court keeps its power until 30 days after the motion is overruled. If it is overruled by law on day 75, that is 105 days after the judgment. When a timely motion for new trial is overruled by operation of law on day 75, the trial court’s power ends 30 days later — 105 days after signing. If the judge rules earlier, it ends 30 days after that ruling instead.

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 timely motion for new trial or motion to modify was filed. If the judge signed an order ruling on it, count 30 days from that order instead.

Where does this rule come from?

Tex. R. Civ. P. 329b(c), (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.

Related deadlines

All Texas court deadlines → · Read the official rules →