TX · rules
Tex. R. Civ. P. 306a
Periods to Run from Signing of Judgment
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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