When is an undetermined Texas new-trial or modification motion overruled by operation of law?

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.

1. Obtain the actual signed judgment or challenged order and signing record.
2. Confirm the stated branch and actual triggering record.
3. Exclude the event and count 75 calendar days.
4. 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 signing, not motion filing or a hearing. The preset applies only if no earlier signed written order determines the motion.

Fictitious example

Fictitious ordinary facts. Judgment signing in the stated ordinary branch where no earlier signed written determination occurs occurred June 18, 2027. The stated ordinary branch applies without a different start, exception, additional closure or controlling order.

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.

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.

Earlier signed written determination

An actual timely signed written order determining the motion prevents reliance on this undetermined-motion branch. The calculator does not infer a ruling from a hearing or a future draft.

Original, amended and modification motions

Rule 329b(c) covers original or amended new-trial motions and motions to modify, correct or reform judgment. The ordinary seventy-five days uses judgment signing, not each motion’s filing date.

Separate continuing plenary power

A timely qualifying motion can preserve plenary power until thirty days after all timely motions are overruled under Rule 329b(e). Establish the actual relevant determinations before computing that separate period.

• 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.

• 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.
• An actual timely signed written order determining the motion prevents reliance on this undetermined-motion branch. The calculator does not infer a ruling from a hearing or a future draft.
• Rule 329b(c) covers original or amended new-trial motions and motions to modify, correct or reform judgment. The ordinary seventy-five days uses judgment signing, not each motion’s filing date.
• A timely qualifying motion can preserve plenary power until thirty days after all timely motions are overruled under Rule 329b(e). Establish the actual relevant determinations before computing that separate period.
• A determination under Rule 329b(c) requires the court’s actual written signed order within the applicable period. If that does not occur, operation-of-law overruling needs no separate overruling order. Preserve signing, every motion and signed determination. A hearing or pending submission alone does not supply the required signed written order.