Rule 306c.Prematurely Filed Documents

Last amended September 1, 1990 · Last verified June 28, 2026

In one sentenceRule 306c saves a motion for new trial or a request for findings of fact and conclusions of law that is filed before the judgment is signed, treating each as filed on — but just after — the date the judgment is signed.

Full Text of Rule 306c

Text size

No motion for new trial or request for findings of fact and conclusions of law shall be held ineffective because prematurely filed; but every such motion shall be deemed to have been filed on the date of but subsequent to the time of signing of the judgment the motion assails, and every such request for findings of fact and conclusions of law shall be deemed to have been filed on the date of but subsequent to the time of signing of the judgment.

End

Plain-English Summary

Rule 306c keeps an eager filing from being thrown out. A party who files a motion for new trial or a request for findings of fact and conclusions of law before the judgment is signed does not lose it for being early. The rule deems each document filed on the date the judgment is signed, immediately after the signing.

This matters because the post-judgment clocks run from the signing date under Rule 306a. Without Rule 306c, a motion or request submitted after the verdict but before the judge signs could be treated as a nullity. The rule closes that gap and lets the early filing count.

Frequently Asked Questions

Can you file a motion for new trial before the judgment is signed in Texas?

Yes. Rule 306c treats a prematurely filed motion for new trial as filed on the date the judgment is signed, just after the signing, so it is not ineffective for being early.

Does Rule 306c cover a request for findings of fact?

Yes. A request for findings of fact and conclusions of law filed before the judgment is signed is deemed filed on the signing date under Rule 306c.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 306c), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: prematurely filed documentspremature motion for new trialpremature request for findingsearly motion for new trialTRCP 306c