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Tex. R. Civ. P. 306a

Periods to Run from Signing of Judgment

activein force · 2026-07-01 – presentact-effective-date

1. Beginning of Periods. The date of judgment or order is signed as shown of record shall

determine the beginning of the periods prescribed by these rules for the court's plenary

power to grant a new trial or to vacate, modify, correct or reform a judgment or order and

for filing in the trial court the various documents that these rules authorize a party to file

within such periods including, but not limited to, motions for new trial, motions to modify

judgment, motions to reinstate a case dismissed for want of prosecution, motions to vacate

judgment and requests for findings of fact and conclusions of law; but this rule shall not

determine what constitutes rendition of a judgment or order for any other purpose.

2. Date to Be Shown. Judges, attorneys and clerks are directed to use their best efforts to

cause all judgments, decisions and orders of any kind to be reduced to writing and signed

by the trial judge with the date of signing stated therein. If the date of signing is not recited

in the judgment or order, it may be shown in the record by a certificate of the judge or

otherwise; provided, however, that the absence of a showing of the date in the record shall

not invalidate any judgment or order.

3. Notice of Judgment. When the final judgment or other appealable order is signed, the

clerk of the court must immediately send the judgment or order to the parties as provided

in Rule 21(f)(10). If the judgment awards monetary damages, the judgment must state: “If

you are an individual (not a company), your money or property may be protected from

being taken to pay this judgment. Find out more by visiting

www.texaslawhelp.org/exempt-property. / Si usted es una persona física (y no una

compañía), su dinero o propiedad pudieran estar protegidos de ser embargados como

pago de esta deuda decretada en juicio en contra suya. Obtenga mayor información

visitando el sitio www.texaslawhelp.org/exempt-property.” Failure to comply with the

provisions of this rule shall not affect the periods mentioned in paragraph (1) of this rule,

except as provided in paragraph (4).

4. No Notice of Judgment. If within twenty days after the judgment or other appealable

order is signed, a party adversely affected by it or his attorney has neither received the

notice required by paragraph (3) of this rule nor acquired actual knowledge of the order,

then with respect to that party all the periods mentioned in paragraph (1) shall begin on the

date that such party or his attorney received such notice or acquired actual knowledge of

the signing, whichever occurred first, but in no event shal l such periods begin more than

ninety days after the original judgment or other appealable order was signed.

5. Motion, Notice and Hearing. In order to establish the application of paragraph (4) of

this rule, the party adversely affected is required to prove in the trial court, on sworn motion

and notice, the date on which the party or his attorney first either received a notice of the

judgment or acquired actual knowledge of the signing and that this date was more than

twenty days after the judgment was signed.

6. Nunc Pro Tunc Order. When a corrected judgment has been signed after expiration of

the court's plenary power pursuant to Rule 316, the periods mentioned in paragraph (1) of

this rule shall run from the date of signing the corrected judgment with res pect of any

complaint that would not be applicable to the original document.

7. When Process Served by Publication. With respect to a motion for new trial filed more

than thirty days after the judgment was signed pursuant to Rule 329 when process has been

served by publication, the periods provided by paragraph (1) shall be computed as if the

judgment were signed on the date of filing the motion.

History

Notes and Comments Comment to 1988 change: Amend to reflect repeal of Rule 317.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
7ce5e518c26027192e21cf4dfef78392a7f6ec242e9da1d590c27052bf5230e8
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