Tx Civil Procedure: Motion For New Trial

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Motion for New Trial

Based on any trial court alleged error. If granted, as if original trial 'never happened'

**Motion for new trial is a prerequisite for appeal only as to:
- complaint of inadequate or excessiveness of damages by a jury;
- complaint on which evidence must be heard, such as juror misconduct (relate to 'outside influences' not deliberations, show actual/material harm) or newly discovered evidence or failure to set aside judgment by default

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- complaint of factual insufficiency to support a jury finding (evidence is so weak or evidence to contrary is so compelling that answer should be set aside as clearly wrong/unjust)
- complaint that jury's finding are against great weight and preponderance of evidence
- incurable jury argument, if not otherwise ruled on by trial judge

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Original and any amended motions for new trial must be filed w/in 30 days after judgment is signed

For 30 days after final judgment signed, trial court retains inherent power [plenary power] to set aside, modify or amend judgment w/o necessity of formal written or oral motion by party.

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If motion for new trial granted, cause reinstated as tho never tried.

If party moves for new trial, TC's plenary power extends to 30 days from date the motion is overruled, either by written order or operation of law. BC motion for new trial deemed overruled by operation of law on the 75th day after the court signs the judgment, TC's plenary power will expire, at latest, on the 105th day from date it signs the judgment.