United States · Texas trial-court postjudgment filings
How long does ordinary Texas trial-court plenary power last without a qualifying postjudgment motion?
Rule 329b(d) gives the trial court plenary power to grant a new trial or vacate, modify, correct or reform judgment within thirty days after signing, regardless of an appeal. This calculator uses the ordinary branch with no timely qualifying motion or different established Rule 306a start. It tracks court power rather than granting a party relief or extending appeal time.
- Period
- 30 calendar days after the specified event in the stated ordinary branch
- Trigger
- Judgment signing without a timely qualifying motion extending plenary power
- Rule
- Texas Rule 329b(d), (f)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
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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(d), (f)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 signing and establish that no timely qualifying motion extends power. Appeal perfection alone does not select a longer period.
Texas Rule 4How does the independently derived example work?
Fictitious example
Fictitious ordinary facts. Judgment signing without a timely qualifying motion extending plenary power occurred August 2, 2027. The stated ordinary branch applies without a different start, exception, additional closure or controlling order.
| Step | What is counted | Date |
|---|---|---|
| Actual event | Judgment signing without a timely qualifying motion extending plenary power | August 2, 2027 |
| Ordinary period | Exclude the event and add 30 calendar days | Wednesday, 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.
Try these dates in the calculatorWhich 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.
- A timely qualifying motion changes the branch
- A timely new-trial motion under Rule 329b(e), or a qualifying modification motion under (g), can change the endpoint. This ordinary preset assumes neither applies.
- Appeal does not erase ordinary trial-court power
- Rule 329b(d) expressly applies regardless of whether an appeal has been perfected. This court-power period is not itself the appeal filing period.
- Relief after expiration is distinct
- Rule 329b(f) separately addresses a bill of review for sufficient cause within the time allowed by law, clerical record correction under Rule 316 and a declaration concerning a void post-expiration order. It does not authorize unrestricted substantive revision at any time.
- 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?
Common questions about this filing
How long does ordinary Texas trial-court plenary power last without a qualifying postjudgment motion?
Does filing an appeal automatically end this power?
Rule 329b(d) applies regardless of whether an appeal has been perfected.
Texas Rule 329b(d)Does a timely modification motion matter?
Yes. Rule 329b(g) extends plenary power in the stated manner. That case is outside this ordinary no-qualifying-motion scope.
Texas Rule 329b(g)Can every judgment change be made after plenary power ends?
No. Rule 329b(f) and Rule 316 describe separate limited procedures. A clerical correction is not unrestricted substantive modification.
Texas Rule 329b(f), 316Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Texas Rule 329b(d), (f) | The actor, actual event and required filing |
| Texas Rule 306a(4)–(5) | Late notice requires proof |
| Texas Rule 329b(e), (g) | A timely qualifying motion changes the branch |
| Texas Rule 329b(d) | Appeal does not erase ordinary trial-court power |
| Texas Rule 329b(f), 316 | Relief after expiration is distinct |
| Texas Rule 4 | Calendar counting and final closed-day treatment |
| Texas Government Code 662.021 | Verified Labor Day in the independent closed-day examples |
| Texas Rule 21a, 21(f)(5) | Separate service and ordinary electronic filing boundary |