Last amended January 1, 1988 · Last verified June 28, 2026
In one sentenceRule 329b fixes the deadlines for motions for new trial and motions to modify a judgment — 30 days to file, 75 days before they are overruled by operation of law — and sets how long the trial court keeps plenary power over its judgment.
The following rules shall be applicable to motions for new trial and motions to modify, correct, or reform judgments (other than motions to correct the record under Rule 316) in all district and county courts:
(a)A motion for new trial, if filed, shall be filed prior to or within thirty days after the judgment or other order complained of is signed.
(b)One or more amended motions for new trial may be filed without leave of court before any preceding motion for new trial filed by the movant is overruled and within thirty days after the judgment or other order complained of is signed.
(c)In the event an original or amended motion for new trial or a motion to modify, correct or reform a judgment is not determined by written order signed within seventy-five days after the judgment was signed, it shall be considered overruled by operation of law on expiration of that period.
(d)The trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment within thirty days after the judgment is signed.
(e)If a motion for new trial is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment until thirty days after all such timely-filed motions are overruled, either by a written and signed order or by operation of law, whichever occurs first.
(f)On expiration of the time within which the trial court has plenary power, a judgment cannot be set aside by the trial court except by bill of review for sufficient cause, filed within the time allowed by law; provided that the court may at any time correct a clerical error in the record of a judgment and render judgment nunc pro tunc under Rule 316, and may also sign an order declaring a previous judgment or order to be void because signed after the court's plenary power had expired.
(g)A motion to modify, correct, or reform a judgment (as distinguished from motion to correct the record of a judgment under Rule 316), if filed, shall be filed and determined within the time prescribed by this rule for a motion for new trial and shall extend the trial court's plenary power and the time for perfecting an appeal in the same manner as a motion for new trial. Each such motion shall be in writing and signed by the party or his attorney and shall specify the respects in which the judgment should be modified, corrected, or reformed. The overruling of such a motion shall not preclude the filing of a motion for new trial, nor shall the overruling of a motion for new trial preclude the filing of a motion to modify, correct, or reform.
(h)If a judgment is modified, corrected or reformed in any respect, the time for appeal shall run from the time the modified, corrected, or reformed judgment is signed, but if a correction is made pursuant to Rule 316 after expiration of the period of plenary power provided by this rule, no complaint shall be heard on appeal that could have been presented in an appeal from the original judgment.
End
Notes and Comments
Comment to 1988 change: Amended to conform with repeal of Rule 317.
Plain-English Summary
Rule 329b is the master clock for post-judgment motions in district and county courts. A motion for new trial must be filed within 30 days after the judgment is signed. An amended motion must clear two conditions: it must be filed before any preceding motion for new trial is overruled, and it must still fall within that same 30 days. If such a motion is not decided by a written, signed order within 75 days after the judgment was signed, it is overruled by operation of law at the end of that period.
The rule also defines the court's plenary power. The trial court may grant a new trial or vacate, modify, correct, or reform the judgment within 30 days after signing; a timely motion extends that power until 30 days after all such motions are overruled, by written order or by operation of law. Once plenary power ends, the judgment can be set aside only by a bill of review, though the court may still correct a clerical error nunc pro tunc under Rule 316 and may declare void a judgment signed after its power expired.
A motion to modify, correct, or reform the judgment runs on the same timetable, must be in writing and signed, and extends both plenary power and the time to appeal just as a motion for new trial does. If the judgment is changed, the appellate clock restarts from the new signing — but a late Rule 316 clerical correction does not revive complaints that belonged to the original judgment.
Frequently Asked Questions
How long do you have to file a motion for new trial in Texas?
Under Rule 329b(a), within 30 days after the judgment is signed.
When is a motion for new trial overruled by operation of law?
If it is not decided by a written, signed order within 75 days after the judgment was signed, Rule 329b(c) overrules it by operation of law.
How long does a Texas trial court keep plenary power?
Thirty days after signing, extended by a timely motion until 30 days after all such motions are overruled (Rule 329b(d), (e)). After that, only a bill of review or a Rule 316 correction reaches the judgment.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 329b), 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:time for filing motionsmotion for new trial deadlineplenary poweroverruled by operation of lawseventy-five daysmotion to modify judgment60(b) motion Texas equivalentTRCP 329b