Texas Practice

Front 1

Time to file Motion for new trial

Back 1

30 days from the day final judgment was entered

Front 2

Judge refuses to rule on the motion for new trial
overruled by operation of law within?

Back 2

overruled by operation of law (within?)75 days from the date the judgment was signed
o Then plenary power is extended an additional 30 days 329b

Front 3

plenary power

Back 3

extended an additional 30 days

Front 4

What are the types of complaints that must be first raised on a motion for new trial before you can actually appeal?
JNF

Back 4

A complaint on which evidence must be heard such as one of
• jury misconduct or
• newly discovered evidence or
• failure to set aside a judgment by default;

Front 5

Someone is defaulted and they were published against (not served personally)
How much time do they have to file a motion for new trial?

Back 5

2 years / rule 320?

Front 6

After a jury trial a case was submitted to the jury and they returned a verdict for the defendant. A few days after the trial was over plaintiff found out that one jurors had been seen talking to one of the defendant employees of company during breaks. What remedies does plaintiff have?

Back 6

Motion for new trial 324b

Front 7

Motion for new trial timely filed. Judge denies it 2 days later. Judge now has 75 day of plenary power ?
• Motion for new trial timely filed. Judge denies it 2 days later. Judge now has 75 day of plenary power ?

Back 7

Motion for new trial timely filed. Judge denies it 2 days later. Judge now has 75 day of plenary power ?
• FALSE, the judge gets 30 days at the point that its either overruled by operation of law or denied in writing.

Front 8

Motion for new trial are filled in?

Back 8

Trial Court

Front 9

Rule 11 does not allow agreement for everything :
you can’t use it extend time to file

Back 9

motion for new trial.
Can use them for most motions, but motions for new trial are not extendable