United States · Texas trial-court postjudgment filings

When may an amended Texas motion for new trial be filed without leave?

Rule 329b(b) permits amendment without leave within thirty days after the judgment or challenged order is signed and before a preceding new-trial motion by the movant is overruled. Both conditions matter. This calculator supplies the ordinary signing-based outer limit only where the preceding-motion condition remains satisfied. A ruling can end that opportunity earlier.

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Period: 30 calendar days after the specified event in the stated ordinary branch
Trigger: Signing of the judgment or challenged order, with no preceding motion by the movant yet overruled
Rule: Texas Rule 329b(b)

Texas Rules of Civil Procedure

Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions

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Judgment or challenged order signed

Use ordinary signing. Check preceding motions before filing. This result does not keep amendment available after a preceding motion is overruled.

Entry rules and timing exceptions

30 days from Signing of the judgment or other order complained of

TRCP 329b(b)Binding

Rule notes

Two conditions: within 30 days of signing AND before the preceding motion is overruled.

Calculation software, not legal advice. Check the current rule, orders and facts.

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Which event starts this filing period?

Obtain the actual signed judgment or challenged order and signing record.

Read every relevant motion and actual signed written determination.

Establish the stated ordinary branch and assess any separately proven Rule 306a start.

Texas Rule 329b(b)

How is this ordinary period counted?

Obtain the actual signed judgment or challenged order and signing record.
Confirm the stated branch and actual triggering record.
Exclude the event and count 30 calendar days.
Check the final day and complete the specific required act. A court ruling, operation-of-law event and party filing are distinct.

Rule 4 excludes the triggering event and counts intermediate calendar days for these periods longer than five days. A final Saturday, Sunday or legal holiday moves to the next day that is not one of those days. Establish the actual legal holidays, court calendar and any additional closure. Government Code 662.021 identifies the checked Labor Day holiday in the examples; an ordinary office schedule alone does not establish every legally eligible expiry day.

Use ordinary signing. Check preceding motions before filing. This result does not keep amendment available after a preceding motion is overruled.

Texas Rule 4

How does the independently derived example work?

Fictitious example

Fictitious ordinary facts. Signing of the judgment or challenged order, with no preceding motion by the movant yet overruled occurred August 2, 2027. The stated ordinary branch applies without a different start, exception, additional closure or controlling order.

Example counting steps
Step	What is counted	Date
Actual event	Signing of the judgment or challenged order, with no preceding motion by the movant yet overruled	August 2, 2027
Ordinary period	Exclude the event and add 30 calendar days	Wednesday, September 1, 2027

Example resultWednesday, September 1, 2027

Fictitious facts and the stated ordinary branch only. Actual orders, case facts and legal holidays require separate checking. The closed-day example assumes the next identified day is otherwise eligible.

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Which facts change this filing analysis?

Late notice requires proof: Under Rule 306a(4), an adversely affected party or attorney who had neither the prescribed notice nor actual knowledge within twenty days may establish a later start from the first notice or knowledge. No period starts more than ninety days after signing. Rule 306a(5) requires sworn motion, notice and proof in the trial court. This calculator uses ordinary signing and does not determine that relief.
Before a preceding motion is overruled: The movant must file before a preceding new-trial motion is overruled, as well as within the thirty-day signing period. The date shown is an outer limit, not permission to ignore an earlier determination.
No fresh amendment period: Original motion filing does not start a new thirty-day period. Both original and amended motions use the applicable signing-based limit.
No general enlargement: Rule 5 restricts enlargement of actions relating to new trials except as stated in the rules. A generic extension application does not establish additional amendment time.

Texas Rule 329b(b)

This preset does not establish jurisdiction, preservation, legal sufficiency, proof of a different start or the actual local calendar.
The result remains provisional until the required facts, rule and order are checked.

What must be filed, served and preserved?

Obtain the actual signed judgment or challenged order and signing record.
Read every relevant motion and actual signed written determination.
Establish the stated ordinary branch and assess any separately proven Rule 306a start.
Under Rule 306a(4), an adversely affected party or attorney who had neither the prescribed notice nor actual knowledge within twenty days may establish a later start from the first notice or knowledge. No period starts more than ninety days after signing. Rule 306a(5) requires sworn motion, notice and proof in the trial court. This calculator uses ordinary signing and does not determine that relief.
The movant must file before a preceding new-trial motion is overruled, as well as within the thirty-day signing period. The date shown is an outer limit, not permission to ignore an earlier determination.
Original motion filing does not start a new thirty-day period. Both original and amended motions use the applicable signing-based limit.
Rule 5 restricts enlargement of actions relating to new trials except as stated in the rules. A generic extension application does not establish additional amendment time.
File the actual amended motion with the clerk while both the signing-based period and preceding-motion condition remain satisfied. Complete required Rule 21a service. Ordinary electronic filing under Rule 21(f)(5) is before midnight in the court’s time zone. Preserve preceding motions and their signed rulings; a timely nominal date does not cure an earlier overruling.

Common questions about this filing