When is an undetermined Texas reinstatement 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 actual dismissal signing. Motion filing, a hearing or later receipt does not start seventy-five fresh days. Check any earlier signed written determination.

Fictitious example

Fictitious ordinary facts. Dismissal judgment signing in the ordinary undetermined-motion branch 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 decision

An actual earlier signed written order deciding the motion controls instead of this undetermined-motion branch. The calculator does not decide whether a hearing or document constituted the required order.

Motion filing is separate

The ordinary verified reinstatement filing is within thirty days after dismissal signing under Rule 165a(3), or the properly established Rule 306a period. Seventy-five days is not extra filing time.

Separate plenary reinstatement power

Where a timely reinstatement motion is filed, Rule 165a(3) preserves plenary reinstatement power until thirty days after all timely motions are overruled by the earlier applicable signed-order or operation-of-law determination.

• 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 earlier signed written order deciding the motion controls instead of this undetermined-motion branch. The calculator does not decide whether a hearing or document constituted the required order.
• The ordinary verified reinstatement filing is within thirty days after dismissal signing under Rule 165a(3), or the properly established Rule 306a period. Seventy-five days is not extra filing time.
• Where a timely reinstatement motion is filed, Rule 165a(3) preserves plenary reinstatement power until thirty days after all timely motions are overruled by the earlier applicable signed-order or operation-of-law determination.
• A timely decision requires the actual signed written court order. If none occurs within the applicable period, the motion is deemed overruled without another separate overruling order. Preserve dismissal signing, the verified motion, service and all signed decisions. A hearing alone does not prove a signed written decision.