United States · Texas trial-court postjudgment filings

When is an ordinary Texas motion for new trial due?

In a covered district or county court case, a motion for new trial must ordinarily be filed before or within thirty days after the judgment or challenged order is signed. Signing is not rendition, entry or receipt. Rule 306a can establish a different start only through its stated conditions and proof. This calculator covers the ordinary signing branch, not automatic late-notice relief.

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Period: 30 calendar days after the specified event in the stated ordinary branch
Trigger: Signing of the judgment or other order complained of
Rule: Texas Rule 329b(a)

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

Enter actual signing, not oral rendition, docket entry or notice received. This preset does not determine Rule 306a relief.

Entry rules and timing exceptions

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

TRCP 329b(a)Binding

Rule notes

The period runs from SIGNING, not rendition or notice (TRCP 306a(1)). A timely motion extends the notice of appeal deadline to 90 days under TRAP 26.1(a). TRCP 306a(4) can move the start date where no notice of judgment was received within 20 days.

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 record of signing.

Distinguish rendition, proposed judgment, entry and receipt from signing.

Check whether Rule 306a’s late-notice or other special provisions require separate proof before using the ordinary start.

Texas Rule 329b(a)

How is this ordinary period counted?

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

Enter actual signing, not oral rendition, docket entry or notice received. This preset does not determine Rule 306a relief.

Texas Rule 4

How does the independently derived example work?

Fictitious example

Fictitious ordinary facts. Signing of the judgment or other order complained of 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 other order complained of	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.
Amended motion uses additional conditions: Rule 329b(b) allows amendment without leave within thirty days after signing and before a preceding motion by the movant is overruled. Filing a first motion does not create thirty fresh days for an amendment.
Filing and determination differ: Rule 329b(c) separately addresses a motion not determined by signed written order within seventy-five days. That ruling period is not additional time for this ordinary motion filing.
No general new-trial enlargement: Rule 5 prohibits enlarging periods for actions relating to new trials except as stated in the rules. A generic enlargement request does not establish an extended Rule 329b(a) filing date.

Texas Rule 329b(a)

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 record of signing.
Distinguish rendition, proposed judgment, entry and receipt from signing.
Check whether Rule 306a’s late-notice or other special provisions require separate proof before using the ordinary 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.
Rule 329b(b) allows amendment without leave within thirty days after signing and before a preceding motion by the movant is overruled. Filing a first motion does not create thirty fresh days for an amendment.
Rule 329b(c) separately addresses a motion not determined by signed written order within seventy-five days. That ruling period is not additional time for this ordinary motion filing.
Rule 5 prohibits enlarging periods for actions relating to new trials except as stated in the rules. A generic enlargement request does not establish an extended Rule 329b(a) filing date.
File the actual required document with the clerk and complete the required service under Rule 21a. Rule 21(f)(5) ordinarily requires electronic filing before midnight in the court’s time zone; preserve transmission to the electronic filing service provider, actual receipt and service proof. Read any leave, specific time or technical-failure order. Filing does not establish a favorable ruling or independently verify the document’s legal sufficiency.

Common questions about this filing