Motion for New Trial in a Texas Debt Lawsuit

Collin, Dallas, Denton, Grayson And Surrounding Areas

When a Final Judgment Has Been Signed but the Case May Still Be Reopened

A final judgment does not always mean the trial court is finished with the case. In many Texas debt lawsuits, a timely motion for new trial can ask the court to set aside the judgment and reopen the case before the court loses plenary power.

A motion for new trial can be important after a default judgment, an adverse bench or jury trial, a summary judgment, or another final disposition where the defendant has a legally supportable reason to ask the trial court to reconsider what happened.

But the timing is critical. In Texas county and district courts, Rule 329b generally requires a motion for new trial to be filed within 30 days after the judgment or other complained-of order is signed. A timely motion also affects the trial court’s plenary power and usually extends the ordinary appellate timetable.

Ridgely Davis Law evaluates motions for new trial as part of a broader post-judgment strategy. The question is not simply whether the result was bad. The question is whether there is a legally viable ground to reopen the case, whether the motion is timely, what evidence supports it, and how it interacts with appeal, settlement, and collection risk.

If a judgment has already been entered against you, time matters immediately. Post-judgment deadlines can begin running from the date the judgment is signed even before you fully understand what happened.

What Is a Motion for New Trial?

A motion for new trial asks the trial court to set aside or reconsider a judgment and grant a new trial or further proceedings.

Potential grounds may include:

• Default judgment entered after mistake or accident;
• Lack of notice of a trial or hearing;
• Newly discovered evidence;
• Jury misconduct;
• Legal or evidentiary error;
• Factual insufficiency;
• An excessive or unsupported damages award;
• Improper attorney’s fees;
• Procedural irregularity;
• Failure to receive notice of judgment;
• Other errors requiring preservation through a new-trial motion; or
• Other good-cause grounds supported by the record and applicable law.

A motion for new trial is not a substitute for an appeal, but it can serve several important functions: asking the trial court to correct its own ruling, preserving issues for appellate review, extending certain appellate deadlines, and creating an evidentiary record on matters not otherwise apparent from the trial record.

The 30-Day Deadline in County and District Court

Texas Rule of Civil Procedure 329b(a) generally requires a motion for new trial to be filed within 30 days after the judgment or other order complained of is signed.

That deadline is measured from the date the judgment is signed—not the date the defendant receives it, unless the delayed-notice provisions of Rule 306a apply.

The current Texas Rules of Civil Procedure are maintained by the Texas Judicial Branch.

Why the Signed Date Matters

Always obtain a file-stamped or signed copy of the judgment and identify the actual signing date. Do not rely on the date of a hearing, the date an email was received, or the date the clerk later mailed notice.

What Happens If the Motion Is Not Ruled On?

Under Rule 329b(c), a timely motion for new trial that is not determined by a written signed order within 75 days after the judgment is signed is generally overruled by operation of law.

That does not necessarily end the trial court’s power immediately. Rule 329b also provides additional plenary-power periods after timely post-judgment motions are overruled.

Those timing rules matter because a court generally cannot simply set aside a final judgment whenever it wishes after plenary power expires.

Trial Court Plenary Power

Rule 329b(d) generally gives the trial court plenary power to grant a new trial or vacate, modify, correct, or reform its judgment for 30 days after the judgment is signed.

If a timely motion for new trial or qualifying motion to modify, correct, or reform the judgment is filed, Rule 329b(e) generally extends plenary power until 30 days after all such timely motions are overruled, either by written order or operation of law.

Once plenary power expires, the trial court’s ability to alter the judgment becomes much narrower. Rule 329b(f) generally provides that the court cannot set aside the judgment after plenary power except through procedures such as a bill of review for sufficient cause, while retaining authority to correct clerical errors or declare certain void orders.

What If I Did Not Receive Notice of the Judgment?

Texas Rule of Civil Procedure 306a can provide important relief when a party or attorney does not receive notice or actual knowledge of a signed judgment within 20 days.

Under Rule 306a(4), if an adversely affected party or attorney receives neither clerk notice nor actual knowledge within 20 days after signing, certain post-judgment periods can begin on the date notice or actual knowledge is first received—but not more than 90 days after the original judgment was signed.

This is not automatic. Rule 306a requires the party to establish the date notice or actual knowledge was first received through the required procedure.

If you discovered a judgment weeks after it was signed, do not assume either that the normal deadline controls or that you automatically receive a new 30 days. The Rule 306a procedure should be evaluated immediately.

Motion for New Trial After a Default Judgment

Motions for new trial are especially important after default judgments.

Texas courts commonly analyze motions to set aside default judgments under the principles associated with the Texas Supreme Court’s Craddock framework. In general terms, a defendant seeking a new trial after a no-answer or post-answer default may need to establish:

• The failure to answer or appear was not intentional or the result of conscious indifference, but due to mistake or accident;
• The defendant has a meritorious defense; and
• Granting a new trial will not cause delay or otherwise injure the plaintiff.

The exact application can depend on the type of default, due-process issues, service, notice, and the procedural history. The motion should be supported with specific facts and competent evidence rather than conclusory statements.

See Vacating a Default Judgment.

What Is a Meritorious Defense?

In the default-judgment context, the defendant generally does not have to prove the entire defense at the new-trial hearing. But the motion should allege facts that, if true, would constitute a defense and support those allegations as required.

Potential debt-defense issues may include:

• The plaintiff does not own the debt;
• The chain of assignment is incomplete;
• The debt is time-barred;
• Payments were omitted;
• The account is not the defendant’s;
• The guarantee is invalid or limited;
• The claimed balance is incorrect;
• Collateral proceeds were not credited;
• The plaintiff lacks admissible business records;
• A settlement or release exists; or
• The defendant was not properly served.

See Standing to Sue, Payment Defense, and Texas Statute of Limitations on Debt Lawsuits.

Newly Discovered Evidence

A motion for new trial may sometimes rely on newly discovered evidence, but the standard is demanding. Courts generally examine whether the evidence came to light after trial, whether the movant exercised due diligence, whether the evidence is merely cumulative, and whether it is material enough that it would probably produce a different result.

Simply finding documents later because they were not searched for before trial is usually not a strong basis by itself. The motion should explain why the evidence could not reasonably have been obtained earlier.

Legal and Evidentiary Error

A motion for new trial may also ask the trial court to reconsider errors that occurred during trial or dispositive proceedings.

Potential issues may include:

• Admission of inadmissible business records;
• Exclusion of defense evidence;
• Improper jury argument;
• Jury-charge error;
• Unsupported damages;
• Improper attorney’s-fee awards;
• Procedural defects;
• Insufficient evidence;
• Newly discovered misconduct; or
• Other preserved errors.

Some appellate complaints must be raised in a motion for new trial to be preserved. Texas Rule of Civil Procedure 324 identifies certain circumstances where a motion for new trial is required as a prerequisite to appellate complaint.

Motion to Modify, Correct, or Reform the Judgment

Sometimes the problem is not that a completely new trial is needed, but that the judgment itself contains an error or should be changed.

Rule 329b(g) permits a timely motion to modify, correct, or reform a judgment and gives it similar effects on plenary power and appellate timing.

Examples may include:

• Incorrect damages;
• Incorrect party name;
• Improper interest;
• Incorrect attorney’s fees;
• Failure to include an offset;
• Improper finality language; or
• Other substantive corrections.

This is different from correcting a purely clerical error through judgment nunc pro tunc.

Does a Motion for New Trial Extend the Appeal Deadline?

Generally, yes. Under Texas Rule of Appellate Procedure 26.1, a timely motion for new trial generally extends the civil notice-of-appeal deadline from 30 days to 90 days after the judgment is signed.

That extension is one reason post-judgment strategy should be coordinated with appellate strategy.

See Appealing a Debt Lawsuit Judgment.

Does Filing the Motion Stop Collection?

Not automatically.

A judgment creditor may still be able to pursue enforcement unless collection is stayed through an applicable rule, bond, supersedeas, court order, or other legal mechanism.

That means post-judgment strategy may require simultaneous attention to:

• The motion for new trial;
• Appeal;
• Supersedeas;
• Bank garnishment risk;
• Judgment liens;
• Post-judgment discovery;
• Settlement; and
• Exempt property.

See Debt Lawsuit Judgments in Texas.

Justice Court Motions for New Trial

Justice court uses different rules and deadlines from county and district court.

Under Texas Rule of Civil Procedure 505.3, a party may generally file a motion for new trial within 14 days after the judgment is signed. The justice court rules also address the court’s plenary power and disposition of the motion.

Because justice-court appeals are also subject to a separate 21-day perfection timetable under Rule 506.1, a defendant should not apply district-court Rule 329b deadlines to a justice-court judgment.

See Appeal.

What Evidence Should Support the Motion?

The evidence depends on the ground asserted.

Potential supporting material may include:

• Affidavit or unsworn declaration;
• Proof of service problems;
• Email or calendar records showing lack of notice;
• Payment records;
• Assignment records;
• Identity-theft documentation;
• Settlement documents;
• Witness affidavits;
• Newly discovered documents;
• Trial transcript excerpts;
• Business records; and
• Other competent evidence establishing the factual grounds.

A motion that says only “I did not know about the case” or “I have a defense” may not be enough.

What Happens at the Hearing?

If the court sets a hearing, the parties may present evidence and argument concerning the grounds asserted.

In a default case, the hearing may focus on:

• Why the defendant failed to answer or appear;
• Whether the conduct was intentional or consciously indifferent;
• The facts supporting a meritorious defense;
• Whether the plaintiff would suffer delay or injury; and
• Whether costs or conditions can cure any prejudice.

In a trial-error case, the court may consider the record, evidence, briefing, and preserved objections.

What If the Motion Is Denied?

If the motion is denied, the defendant may still have appellate rights if the deadline is protected.

The appellate court can review properly preserved issues under the applicable standard of review.

See Appealing a Debt Lawsuit Judgment.

How Ridgely Davis Law Approaches Motions for New Trial

We begin with deadlines and procedural posture, then build the motion around the strongest available legal ground.

Our review may include:

• The judgment-signing date;
• Date of notice or actual knowledge;
• Rule 306a issues;
• Service history;
• Trial or hearing notice;
• Default circumstances;
• Potential meritorious defenses;
• Trial and evidentiary errors;
• Newly discovered evidence;
• Damages and attorney’s fees;
• Preservation requirements;
• Appellate deadlines;
• Collection exposure; and
• Settlement opportunities.

The motion should not simply ask the judge for mercy. It should give the court a legal and factual basis to reopen the case.

1. How long do I have to file a motion for new trial in Texas?

In county and district court, Rule 329b generally requires filing within 30 days after the judgment is signed.

2. Is the deadline 30 days after I receive the judgment?

Usually no. The ordinary period runs from signing, unless Rule 306a delayed-notice procedures apply.

3. What if I never received notice?

Rule 306a may allow certain deadlines to begin when you first receive notice or actual knowledge, subject to strict procedures and a 90-day outside limit.

4. What if the judge does not rule on my motion?

A timely motion is generally overruled by operation of law 75 days after the judgment is signed.

5. Does the court still have power after 75 days?

Often yes for a limited additional period when a timely post-judgment motion was filed. Rule 329b governs plenary power.

6. Can I use a motion for new trial after default judgment?

Yes. It is one of the primary procedures for asking the trial court to set aside a default judgment within the applicable deadline.

7. What is the Craddock test?

It is the Texas framework commonly used for motions seeking a new trial after certain default judgments, focusing on excuse, meritorious defense, and lack of unfair prejudice or delay.

8. Do I have to prove my entire defense?

Not necessarily at the new-trial stage, but you generally must allege and support facts that would constitute a meritorious defense.

9. Can payment be a meritorious defense?

Yes, if facts and records support that the claimed balance was paid or reduced.

10. Can lack of standing be a defense?

Potentially, particularly where a debt buyer or assignee cannot prove ownership or enforcement rights.

11. Can I raise newly discovered evidence?

Potentially, but the standard includes diligence and materiality requirements.

12. Can a motion for new trial fix an excessive judgment?

Potentially, depending on the error. A motion to modify, correct, or reform may also be appropriate.

13. Does filing the motion extend appeal time?

A timely motion generally extends the ordinary civil notice-of-appeal deadline to 90 days.

14. Does it stop garnishment?

No, not automatically.

15. Can I settle while the motion is pending?

Yes. Post-judgment settlement can proceed at the same time.

16. What is plenary power?

It is the trial court’s period of authority to change or set aside its judgment.

17. What happens after plenary power expires?

The trial court’s ability to alter the judgment becomes much more limited, and procedures such as appeal or bill of review may become necessary.

18. Are justice court deadlines the same?

No. Justice court generally uses a 14-day motion-for-new-trial deadline under Rule 505.3.

19. Should I wait until day 30?

No. Post-judgment investigation, evidence gathering, drafting, and hearing preparation take time.

20. When should I contact Ridgely Davis Law?

Immediately after an adverse judgment, especially after default, so the correct post-judgment procedure can be selected before deadlines expire.

Speak with a Texas Debt Lawsuit Post-Judgment Lawyer

A motion for new trial can preserve a case that would otherwise move quickly into judgment collection or appeal. But the deadlines and evidentiary requirements are unforgiving.

Ridgely Davis Law represents consumers and businesses throughout North Texas and Texas in debt litigation involving default judgments, adverse trial rulings, summary judgment, post-judgment motions, and appeals.

Contact Ridgely Davis Law immediately after learning that a judgment has been signed.

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