United States · Texas trial-court postjudgment filings

When does Texas plenary power end after timely postjudgment motions are overruled?

Where a timely new-trial motion by any party or a qualifying Rule 329b(g) modification motion activates the rule, the court retains plenary power to grant a new trial or vacate, modify, correct or reform judgment until thirty days after all relevant timely new-trial and qualifying modification motions are overruled, by signed written order or operation of law, whichever occurs first. This calculator requires that complete actual overruling event. It does not establish timeliness, verification or the rulings from one date.

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Period: 30 calendar days after the specified event in the stated ordinary branch
Trigger: When all relevant timely new-trial and qualifying modification motions have been overruled under the earlier applicable signed-order or operation-of-law determination
Rule: Texas Rule 329b(e), (g)

Texas Rules of Civil Procedure

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

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All relevant timely motions overruled

Use the complete actual overruling event. Check every relevant motion and its earlier applicable determination. A first ruling, hearing or later receipt is insufficient.

Entry rules and timing exceptions

30 days from Date all timely filed motions are overruled by signed order or by operation of law, whichever is first

TRCP 329b(e)Binding

Rule notes

Where the motion is overruled by operation of law on day 75, plenary power ends on day 105 after the judgment was signed.

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

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Which event starts this filing period?

Inventory every timely motion covered by the particular procedure.

For each motion compare actual signed written overruling with its applicable operation-of-law date.

Establish when all relevant timely motions had been overruled, using the applicable earlier determination for each.

Texas Rule 329b(e), (g)

How is this ordinary period counted?

Inventory every timely motion covered by the particular procedure.
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 the complete actual overruling event. Check every relevant motion and its earlier applicable determination. A first ruling, hearing or later receipt is insufficient.

Texas Rule 4

How does the independently derived example work?

Fictitious example

Fictitious ordinary facts. When all relevant timely new-trial and qualifying modification motions have been overruled under the earlier applicable signed-order or operation-of-law determination 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	When all relevant timely new-trial and qualifying modification motions have been overruled under the earlier applicable signed-order or operation-of-law determination	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?

Timeliness and scope first: Establish a timely new-trial motion by any party or a qualifying Rule 329b(g) modification motion and its applicable requirements before selecting the extended branch. A late or unsupported motion does not become qualifying merely by entering an overruling date.
All relevant motions, not the first: Identify all relevant timely new-trial and qualifying modification motions. Obtain each actual signed written ruling and operation-of-law date. The entered event must establish when all have been overruled under the stated earlier-determination rule.
No universal 105-day shortcut: Earlier signed determinations, different established starts and final closed-day computation can change the event. Do not replace the complete rule with a universal 105-day addition from signing.

Texas Rule 329b(e), (g)

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?

Inventory every timely motion covered by the particular procedure.
For each motion compare actual signed written overruling with its applicable operation-of-law date.
Establish when all relevant timely motions had been overruled, using the applicable earlier determination for each.
Establish a timely new-trial motion by any party or a qualifying Rule 329b(g) modification motion and its applicable requirements before selecting the extended branch. A late or unsupported motion does not become qualifying merely by entering an overruling date.
Identify all relevant timely new-trial and qualifying modification motions. Obtain each actual signed written ruling and operation-of-law date. The entered event must establish when all have been overruled under the stated earlier-determination rule.
Earlier signed determinations, different established starts and final closed-day computation can change the event. Do not replace the complete rule with a universal 105-day addition from signing.
Obtain the actual signed judicial action within the applicable continuing plenary period. Preserve every relevant motion, its timely filing and verification where required, each signed written ruling and any operation-of-law derivation. Filing a request or holding a hearing alone does not establish that the court exercised the required power.

Common questions about this filing