Texas courts do not recognize a filing called a “motion for reconsideration.” In Texas, if you want the trial judge to revisit a final judgment, you file either a motion for new trial or a motion to modify, correct, or reform the judgment under Texas Rule of Civil Procedure 329b. Both must be filed within 30 days after the judge signs the judgment, and between them they cover what people mean when they ask about reconsideration.
Getting the label right matters. A document titled “motion for reconsideration” leaves the court to guess what you filed, and that guess can determine whether the trial court still has authority to fix its ruling and whether your appeal deadline extends. The safest route is to use the language the rules use.
Which Motion Fits Your Situation
A motion for new trial is the broader tool. It asks the court to set aside the judgment and start over because something serious went wrong, whether legal error, newly discovered evidence, or misconduct during trial. If granted, the original judgment is wiped out and the case proceeds to a new trial.
A motion to modify, correct, or reform the judgment is narrower. It asks the court to change specific parts of the existing judgment without vacating it. Common uses include correcting a math error in a damages calculation, fixing clerical language, or adjusting a provision that doesn’t reflect what the court actually decided. If the ruling itself was sound but the written judgment contains errors, this is the right motion.
You can file both at once when the case has both kinds of problems. Either filing triggers the same extensions to the court’s authority and to your appeal deadline.
Grounds a Texas Court Will Accept
Courts grant these motions sparingly. Disagreement with the outcome is not a ground. You need a recognized legal reason.
- Error of law or fact. The court misapplied a statute, ignored binding precedent, or based its decision on a factual finding the record plainly contradicts. This is the most common ground and often the strongest, because you can point to exactly where the court went wrong using materials already in the case file.
- Newly discovered evidence. Evidence that surfaced after judgment and was genuinely unavailable before. The test is strict: it must not have been obtainable through reasonable effort, it cannot merely repeat or bolster what you already offered, it cannot be used solely to attack a witness’s credibility, and it must be significant enough that it would likely change the outcome.
- Change in controlling law. A higher court issues a new decision or the legislature passes a new statute that alters the legal framework the trial court relied on. You must show the new authority would have produced a different result.
- Jury misconduct or other irregularity. Something went wrong during the trial process itself, such as juror misconduct, improper communication with the jury, or a procedural error that affected the outcome.
The newly discovered evidence standard trips people up most often. “I forgot to bring this document to trial” does not qualify. Neither does evidence you could have found with a basic records search. Courts expect a demonstration that you did everything reasonable to gather your evidence before trial and that this item slipped through anyway.
The Deadlines That Control Everything
The deadlines are unforgiving, and missing them cannot be cured by the strength of your arguments.
Under Rule 329b, a motion for new trial must be filed within 30 days after the judgment is signed. A motion to modify, correct, or reform the judgment carries the same 30-day deadline. If the 30th day falls on a Saturday, Sunday, or legal holiday, Rule 4 extends the deadline to the next business day.1Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Section: Rule 4
These deadlines are tied to the court’s plenary power, the window during which the trial court still has authority to change its own judgment. Without a post-judgment motion, plenary power lasts only 30 days from the date the judgment is signed. Once that window closes, the judge can no longer make substantive changes, no matter how obvious the error.2Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Section: Rule 329b
A timely motion for new trial extends plenary power. The court keeps authority until 30 days after all timely-filed motions for new trial are overruled, whether the judge overrules them by written order or they are overruled by operation of law.2Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Section: Rule 329b
The 75-Day Automatic Denial
If the court does not rule on your motion within 75 days after the judgment was signed, the motion is automatically overruled by operation of law. No written order is issued. The motion simply dies. This is one of the most commonly misunderstood deadlines in Texas practice. People file, hear nothing, and assume the court is still considering it when in fact the window has already closed. Track the 75-day mark yourself. Do not rely on the court to notify you.
Amended Motions
You can file amended motions for new trial without the court’s permission, as long as you file them within 30 days of the judgment and before the court rules on your earlier motion. An amended motion lets you refine your arguments or add grounds you initially missed. It does not restart the 75-day clock.
What To Put in the Motion
The document is formal, but the structure is straightforward.
- Caption. The case heading, party names, cause number, and the court. Title the document “Motion for New Trial” or “Motion to Modify, Correct, or Reform Judgment” rather than “Motion for Reconsideration.”
- Statement of facts. A brief, neutral summary of what happened and what the court decided. Keep this section factual.
- Argument and authorities. The core of the motion. Identify each ground for relief, explain why the judgment was wrong on that point, and cite the statutes, rules, or cases that support you. Each ground should be a separate, clearly labeled argument.
- Supporting evidence. If your motion relies on newly discovered evidence, attach it, with a sworn affidavit from any new witness. Evidence already in the record does not need to be reattached, but reference it specifically so the judge can find it.
- Prayer for relief. A short section stating exactly what you want: “grant a new trial,” “modify the judgment to correct the damages calculation,” or “vacate the judgment and enter a new one.”
- Proposed order. A draft order for the judge to sign if the motion is granted.
- Certificate of service. A signed statement confirming that you served a copy on every other party, with the date and method of service.
Filing and Serving the Motion
Texas requires attorneys to file electronically through eFileTexas.gov.3eFileTexas.Gov. Official E-Filing System for Texas Self-represented parties can e-file too. Some courts still accept paper filings from self-represented parties, though e-filing is strongly encouraged.4eFileTexas.Gov. E-File FAQs
Documents must be uploaded as text-searchable PDFs. Convert directly from your word processor rather than printing and scanning. Your electronic signature can be typed as “/s/” followed by your name in the signature block.5Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Section: Rule 21
One timing detail catches people off guard. If you transmit a filing on a Saturday, Sunday, or legal holiday, the document is not deemed filed until the next business day. If you are close to a deadline, file by Friday.5Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Section: Rule 21
After filing, you must serve a copy on all other parties. When you e-file, the system handles service electronically for parties who have email addresses on file. The certificate of service at the end of your motion is your written confirmation of how and when service occurred.
What Happens After You File
The opposing party gets a chance to respond in writing. There is no guarantee of a hearing. In many cases the judge rules on the written filings alone. If the court does set a hearing, both sides present oral argument, but the hearing is not a second trial. You will not call witnesses or introduce new exhibits unless the court specifically allows it.
The court then issues a written order granting or denying the motion. If granted, the court may vacate the original judgment and order a new trial, or modify the judgment directly. If denied, the original judgment stands and you can proceed to an appeal.
And again: if you file and hear nothing, the 75-day clock is still running. If the court has not ruled by the 75th day after the judgment was signed, the motion is denied automatically.
How the Motion Protects Your Appeal Deadline
This is where the label on your motion has real consequences. Normally, you must file a notice of appeal within 30 days after the judgment is signed. But if any party timely files a motion for new trial or a motion to modify the judgment, the appeal deadline extends to 90 days after the judgment is signed.6Texas Courts. Texas Rules of Appellate Procedure – Section: Rule 26.1
That extension applies to all parties, not just the one who filed. A properly titled motion for new trial does double duty: it gives the trial court a chance to fix the problem and buys you time to prepare an appeal if the court doesn’t.
A document labeled “motion for reconsideration” may or may not trigger the extension, depending on how the court treats it. That uncertainty alone is reason to use the correct title. If the court decides your filing was not a recognized post-judgment motion, your 30-day appeal window may already have closed by the time you find out.
Sanctions for a Filing With No Basis
A motion with no basis in law or fact carries financial risk. Texas Rule of Civil Procedure 13 requires that every motion you sign be supported by reasonable inquiry, meaning you actually investigated whether the arguments have legal merit. A motion filed in bad faith or for harassment can result in sanctions.7Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Section: Rule 13
Chapter 10 of the Texas Civil Practice and Remedies Code adds another layer. By signing, you certify the motion is not filed for an improper purpose, that the legal arguments are warranted by existing law or a reasonable argument for changing it, and that the factual claims have evidentiary support. If the court finds a violation, it can order you to pay the other side’s attorney’s fees and expenses, pay a penalty to the court, or comply with specific directives. Sanctions must be proportional and limited to what is necessary to deter the behavior.8State of Texas. Texas Civil Practice and Remedies Code Chapter 10
Courts presume motions are filed in good faith, so sanctions are not common. Using a motion for new trial as a delay tactic, or rehashing arguments the court already rejected with no new basis, is the conduct that draws scrutiny. If your only reason to file is that you didn’t like the outcome, don’t file.