Does plenary power for motion for new trial expire after 105 days?

Under Texas law, a trial court’s plenary power over a judgment generally expires 105 days after the judgment is signed if a timely motion for new trial has been filed and the court does not rule on it within that period. The controlling rule is Tex. R. Civ. P. 329b.

Issue

Whether a trial court retains plenary power to act on a motion for new trial more than 105 days after the judgment was signed when no ruling has been made.

Rule

Under Tex. R. Civ. P. 329b(c), a motion for new trial is overruled by operation of law 75 days after the judgment is signed if the court has not ruled on it by written order. Under Tex. R. Civ. P. 329b(e), if a motion for new trial is timely filed, the court’s plenary power to vacate, modify, correct, or reform the judgment extends for 30 days after all such motions are overruled — whether by written order or by operation of law.

Application

When a motion for new trial is not ruled upon within 75 days, it is automatically overruled by operation of law. The trial court then retains plenary jurisdiction for an additional 30 days (75 + 30 = 105 days total). During this 105-day period, the court may rule on post-judgment motions, modify its judgment, or grant a new trial. After the 105th day, however, the trial court’s plenary power expires, and any subsequent orders are void. This construction was confirmed by the Texas Supreme Court in In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227 (Tex. 2008), which interpreted Rules 329b(c) and (e) as imposing a strict 105-day limit on plenary power when a timely motion for new trial is filed but not granted within that time.[1]

Conclusion

Yes. A Texas court’s plenary power expires 105 days after the judgment was signed if it has not ruled on a timely motion for new trial. After that period, the court loses jurisdiction to alter or vacate its judgment.