Rule 329.Motion for New Trial on Judgment Following Citation by Publication
Last amended January 1, 1988 · Last verified June 28, 2026
In one sentenceRule 329 lets a defendant served only by publication who never appeared petition for a new trial within two years on a sworn showing of good cause, sets a bond to suspend execution, and limits recovery of property already sold to its sale proceeds.
In cases in which judgment has been rendered on service of process by publication, when the defendant has not appeared in person or by attorney of his own selection:
(a)The court may grant a new trial upon petition of the defendant showing good cause, supported by affidavit, filed within two years after such judgment was signed. The parties adversely interested in such judgment shall be cited as in other cases.
(b)Execution of such judgment shall not be suspended unless the party applying therefor shall give a good and sufficient bond payable to the plaintiff in the judgment, in an amount fixed in accordance with Appellate Rule 47 relating to supersedeas bonds, to be approved by the clerk, and conditioned that the party will prosecute his petition for new trial to effect and will perform such judgment as may be rendered by the court should its decision be against him.
(c)If property has been sold under the judgment and execution before the process was suspended, the defendant shall not recover the property so sold, but shall have judgment against the plaintiff in the judgment for the proceeds of such sale.
(d)If the motion is filed more than thirty days after the judgment was signed, the time period shall be computed pursuant to Rule 306a(7).
End
Plain-English Summary
Rule 329 protects a defendant who likely never learned of the suit. Where judgment was rendered on service of process by publication and the defendant did not appear in person or by an attorney of the defendant's own choosing, the court may grant a new trial on the defendant's petition showing good cause, supported by affidavit, filed within two years after the judgment was signed. The adverse parties are cited as in other cases.
The rule also handles enforcement in the meantime. Execution of the judgment is not suspended unless the defendant posts a good and sufficient bond payable to the plaintiff, fixed like a supersedeas bond, approved by the clerk, and conditioned on prosecuting the petition and performing whatever judgment the court renders. If property was sold under the judgment before the process was suspended, the defendant cannot recover the property but takes judgment against the plaintiff for the sale proceeds. A motion filed more than thirty days after the judgment was signed is timed under Rule 306a(7).
Frequently Asked Questions
Can you reopen a Texas judgment after service by publication?
Under Rule 329, a defendant served only by publication who never appeared may petition for a new trial within two years after the judgment was signed, on a sworn showing of good cause.
Does filing the petition stop enforcement?
Only if the defendant posts a sufficient bond payable to the plaintiff. Property already sold cannot be recovered, but the defendant takes judgment against the plaintiff for the sale proceeds.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 329), 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:new trial after citation by publicationservice by publication judgmenttwo-year motion for new trialTRCP 329