Tex. R. Civ. P. 505.3 · Part V. RULES OF PRACTICE IN JUSTICE COURTS
MOTION TO SET ASIDE; MOTION TO REINSTATE; MOTION FOR NEW TRIAL
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
(a) Motion to Reinstate after Dismissal. A plaintiff whose case is dismissed may file a motion to reinstate the case no later than 14 days after the dismissal order is signed. The plaintiff must serve the defendant with a copy of the motion no later than the next business day using a method approved under Rule 501.4. The court may reinstate the case for good cause shown.
(b) Motion to Set Aside Default. A defendant against whom a default judgment is granted may file a motion to set aside the judgment no later than 14 days after the judgment is signed. The defendant must serve the plaintiff with a copy of the motion no later than the next business day using a method approved under Rule 501.4. The court may set aside the judgment and set the case for trial for good cause shown.
(c) Motion for New Trial. A party may file a motion for a new trial no later than 14 days after the judgment is signed. The party must serve all other parties with a copy of the motion no later than the next business day using a method approved under Rule 501.4. The judge may grant a new trial upon a showing that justice was not done in the trial of the case. Only one new trial may be granted to either party.
(d) Motion Not Required. Failure to file a motion under this rule does not affect a party’s right to appeal the underlying judgment.
(e) Motion Denied as a Matter of Law. If the judge has not ruled on a motion to set aside, motion to reinstate, or motion for new trial, the motion is automatically denied at 5:00 p.m. on the 21st day after the day the judgment was signed.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 263–264)
- Text hash
- sha256 3ba5cf967033f823a46187dbce526ca262a97afdaa473605b16952200a8c531d
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
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Texas Rules of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.