Motion for New Trial in Texas Justice Court

When a Motion for New Trial Makes Sense

You lost your hearing in Texas Justice Court. The judge's decision went against you, but you believe something went wrong — a key witness could not attend, new evidence surfaced the next day, or the judge misunderstood a critical fact. A motion for new trial asks the same judge to vacate the judgment and schedule a fresh hearing.

This is different from a motion to set aside a default judgment, which is available when a default judgment has been entered against you. And it is different from an appeal to county court, which takes the case to a higher court for a brand-new trial. A motion for new trial stays in the same Justice Court, with the same judge.

The 14-Day Filing Deadline

Under TRCP Rule 505.3, you must file a motion for new trial within 14 days after the judge signs the judgment. Not 14 days after you receive notice — 14 days after the judge's signature date, which appears on the judgment itself.

The next-business-day extension applies: if day 14 lands on a Saturday, Sunday, or court holiday, the deadline shifts to the end of the next business day. But the 14-day period counts every calendar day, including weekends.

You also have to serve the motion on the opposing party by the next business day after you file it. Hand delivery, mail, or fax all work under TRCP Rule 501.4.

What the Motion Needs to Say

Texas Justice Court motions do not follow strict formatting rules, but your motion should include:

• The cause number, court precinct, and party names
• A statement that you are requesting a new trial under TRCP Rule 505.3
• The specific reason the court should grant a new trial — new evidence that was unavailable before the hearing, a witness who was unable to attend despite subpoena, a factual misunderstanding that affected the outcome, or any other ground showing that justice requires a new hearing
• Your name, address, phone number, email, and signature
• A certificate of service showing you delivered a copy to the other party

There is no standard form for this motion. You draft it yourself or use a template from TexasLawHelp.org.

What Happens After You File

The judge has 21 days after the original judgment to rule on your motion. If the judge does not rule within that window, the motion is deemed denied by operation of law — it automatically fails without any written order.

If the judge grants the motion, the original judgment is vacated and the court sets a new trial date. Both sides start fresh at the new hearing.

If the judge denies the motion (or it is deemed denied), you still have the right to appeal to county court. The 21-day appeal window runs from the date the judgment was signed, or from the date a timely post-judgment motion is denied — whichever is later.

Motion for New Trial vs. Appeal

The motion for new trial is cheaper and faster, but you are asking the same judge who ruled against you to change course. An appeal guarantees a fresh trial in front of a different judge, but it comes with a bond requirement and takes months.

Filing the motion for new trial first does not waive your appeal right. If the motion is denied, your appeal clock extends.

Practical Considerations

A motion for new trial works best when something concrete went wrong: a witness was subpoenaed but had a medical emergency, you discovered a receipt or contract clause after the hearing, or there was a procedural error (wrong amount calculated, wrong party named). Judges are less receptive to motions that simply re-argue the same facts.

Prepare the new evidence or the witness availability before you file. If the judge grants the motion, you want to be ready for the new hearing immediately.

The Responding to a Small Claims Case in Texas guide covers post-judgment options in detail, including how to draft the motion and when an appeal is the stronger path.

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