Rule 326.Not More than Two
Last verified June 28, 2026
Full Text of Rule 326
Plain-English Summary
Rule 326 caps evidence-based do-overs. Not more than two new trials may be granted either party in the same cause because of insufficiency or weight of the evidence. The limit keeps a case from cycling endlessly when juries keep reaching results a court finds against the evidence.
The cap is tied to that ground. It does not speak to new trials granted for other reasons, such as a trial error or misconduct.
Frequently Asked Questions
How many new trials can you get in Texas?
Under Rule 326, no more than two per party in the same case on the ground of insufficiency or weight of the evidence.
Does Rule 326's two-new-trial limit apply to every ground for a new trial?
No. Rule 326 caps only new trials granted because of insufficiency or weight of the evidence. It places no limit on new trials granted for other reasons, such as jury misconduct under Rule 327 or a legal error at trial.
Does the two-new-trial cap in Rule 326 run per party or per case?
Per party. Rule 326 limits either party in the same cause to no more than two new trials granted on the insufficiency-or-weight-of-the-evidence ground.