[TX] If I file a notice of appeal, does it end a judge's plenary power?
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Thanks—here’s the gist under Texas law:
- A trial court has plenary power after signing a judgment (TRCP 329b(d)).
- Normally it lasts 30 days, but timely motions (new trial; modify/correct/reform) extend it (TRCP 329b(g)).
- If no written ruling by Day 75, the motion is overruled by operation of law (TRCP 329b(c)).
- Even then, the court keeps plenary power for 30 more days—so up to Day 105 from the judgment—to still grant a new trial or modify/correct the judgment.
In your case:
- You filed both motions.
- Yesterday (Day 75) they were overruled by operation of law because no order was signed.
- The judge still has 30 more days (through Day 105 from 6/6) to act—she can still grant a new trial or change/correct the judgment. The canceled hearing doesn’t stop her from issuing a written order during this period.
Filing a notice of appeal does not cut off the trial court’s plenary power. The notice is effectively suspended; it becomes operative after plenary power ends or an order is signed. This lets you preserve your appellate rights while the judge still has time to rule.
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Can a judge sign an order on a motion that is overruled by operation of law but still within her plenary period?
What motion and what court?
Motion to modify/reform/correct and Motion for New Trial.
What court?
Dallas County.
Anything else the lawyer should know?
No. The judge canceled the hearing yesterday and I was told to reschedule.
Hi! I’m Jon, a licensed attorney. I’ll help make this clear. Sounds like your Dallas County hearing was canceled—frustrating. Let’s clarify a few things. Why was it canceled? Any specific concerns about rescheduling?
The clerk said the judge was out of the office so the docket was cleared.
And you want to know if the judge can still sign the order?
Yesterday was the 75th day before it overruled by operation of law.
Understood. Anything else to add?
The original judgment was signed 6/6. I want to be on time with my notice of appeal. If I file it now, does it end her plenary power?
Thanks—here’s the gist under Texas law:
- A trial court has plenary power after signing a judgment (TRCP 329b(d)).
- Normally it lasts 30 days, but timely motions (new trial; modify/correct/reform) extend it (TRCP 329b(g)).
- If no written ruling by Day 75, the motion is overruled by operation of law (TRCP 329b(c)).
- Even then, the court keeps plenary power for 30 more days—so up to Day 105 from the judgment—to still grant a new trial or modify/correct the judgment.
In your case:
- You filed both motions.
- Yesterday (Day 75) they were overruled by operation of law because no order was signed.
- The judge still has 30 more days (through Day 105 from 6/6) to act—she can still grant a new trial or change/correct the judgment. The canceled hearing doesn’t stop her from issuing a written order during this period.
Filing a notice of appeal does not cut off the trial court’s plenary power. The notice is effectively suspended; it becomes operative after plenary power ends or an order is signed. This lets you preserve your appellate rights while the judge still has time to rule.
Thank you so much.
You’re welcome! If you need more help, feel free to reach out.
Thank you so much.
