How to File a Motion to Vacate a Judgment in Texas
Meta description: Learn how to file a motion to vacate a judgment in Texas, including deadlines, required documents, service rules, and options after a judgment becomes final.
A Texas judgment can sometimes be set aside, but the right procedure depends on the court, the type of case, and how much time has passed. In many civil cases, a party asks the court to grant a new trial or set aside a default judgment. Strict deadlines apply, and a motion does not automatically pause enforcement. The steps below explain how to evaluate the judgment, choose a possible remedy, prepare and file papers, and avoid common procedural mistakes. Because a missed deadline can sharply limit available options, prompt review of the court record is important.
What It Means to Vacate a Judgment in Texas
To vacate a judgment is to ask a court to set it aside. If the court grants the request, it may reopen the case, hold a new hearing or trial, or take another action allowed by law. The term “motion to vacate” is commonly used, but Texas procedure may call for a motion for new trial, a motion to set aside a default judgment, a restricted appeal, or a bill of review instead.
The available procedure depends on whether the judgment was entered in a district or county court, a justice court, a family case, or a criminal case. It also depends on whether the judgment is final, whether the moving party participated in the case, and whether the court still has authority to change its judgment. A request to correct a clerical error is different from a request to undo a final judgment on its merits.
Identify the Judgment and Calculate the Deadline
Start by obtaining the signed judgment and reviewing the docket sheet. The date a judge signed the judgment—not necessarily the date a party received it or the date it was filed with the clerk—often controls important deadlines. Check for later orders, post-judgment motions, and any notice of appeal. The court’s docket and file-stamped documents can help establish what happened and when.
In most Texas district and county civil cases, the trial court generally retains plenary power for 30 days after signing a final judgment. A timely motion for new trial or certain other authorized post-judgment motions can extend that period. Under Texas Rule of Civil Procedure 329b, a motion for new trial generally must be filed within 30 days after the judgment is signed. Specific rules and exceptions can affect the calculation, so the applicable rule should be checked rather than relying on a general deadline.
Justice court deadlines differ. Under Texas Rule of Civil Procedure 505.3, a motion to set aside a default judgment generally must be filed no later than 14 days after the judgment is signed. Justice court procedure also has separate deadlines for motions for new trial and appeals. The rules can change, so parties should verify the current version and the court’s instructions.
| Situation | Common procedure or timing | Important caution |
|---|---|---|
| Final civil judgment in district or county court | Motion for new trial generally due within 30 days after signing | Other post-judgment motions may have distinct requirements and effects |
| Default judgment in justice court | Motion to set aside generally due within 14 days after signing | Justice court deadlines differ from district and county court deadlines |
| Judgment after the trial court’s plenary power expires | Possible remedies may include restricted appeal or bill of review | Each remedy has strict, separate eligibility requirements |
| Criminal conviction | Criminal post-trial or post-conviction procedures apply | Civil motion-for-new-trial rules generally do not govern |
Choose the Correct Legal Procedure
Motion for New Trial or Motion to Set Aside
While the trial court retains plenary power, a party may ask it to reconsider the judgment through a motion for new trial or another appropriate motion. A motion can explain a legal or factual error, identify newly discovered evidence when the rules permit, or describe why a default judgment should be set aside. The request should state the grounds clearly and support them with relevant documents or sworn evidence when appropriate.
For a default judgment, the Texas Supreme Court’s decision in Craddock v. Sunshine Bus Lines established a commonly used test for setting aside a default in certain circumstances. In general, the defendant must show that the failure to answer or appear was not intentional or the result of conscious indifference, that the defendant has a meritorious defense, and that granting a new trial would not unfairly injure the other party or cause undue delay. Courts apply the governing law to the facts of each case; a missed deadline alone does not guarantee relief.
Restricted Appeal
A restricted appeal may be available after a final civil judgment in a Texas court of record. Generally, the appealing party must file within six months after the judgment is signed, must have been a party to the case, must not have participated in the hearing that resulted in the judgment or filed certain post-judgment motions, and must show error apparent on the face of the record. These requirements are technical. A restricted appeal is an appeal, not simply a late motion asking the trial judge to reconsider.
Bill of Review
A bill of review is an independent lawsuit seeking to set aside a final judgment after the trial court’s ordinary authority to change it has ended. It is an extraordinary remedy, not a substitute for a missed appeal or timely motion. Texas law generally requires proof of a meritorious claim or defense, that the party was prevented from presenting it by official mistake or the opposing party’s fraud or wrongful conduct, and that the failure to act was not due to the party’s own fault or negligence. Different rules can apply in particular circumstances, including some cases involving lack of service.
Void Judgment or Clerical Error
A judgment may be challenged as void if the court lacked authority to enter it or another fundamental legal defect exists. A judgment that is merely legally or factually wrong is not automatically void. Clerical mistakes—such as a typographical error in a written judgment—may be corrected through a judgment nunc pro tunc, subject to applicable limits. That procedure generally cannot be used to change a judicial decision or revise the substance of a judgment after the court loses plenary power.
Prepare the Motion and Supporting Materials
Before drafting, identify the exact order being challenged and the result requested. A motion should give the court enough information to understand the procedural history, the legal grounds, and the evidence supporting relief. It should be concise and specific; broad statements such as “the judgment is unfair” do not explain a legal basis for setting it aside.
A typical filing may include:
- Case caption: The court name, county, party names, and cause number, matching the existing case.
- Title: The correct procedural name, such as “Defendant’s Motion for New Trial” or “Motion to Set Aside Default Judgment.”
- Background: The judgment date, relevant notices or hearings, and a brief account of the case’s procedural history.
- Grounds for relief: Specific facts and applicable legal reasons supporting the request.
- Evidence: Supporting affidavits, declarations, exhibits, or other materials permitted by the rules and relevant to the issue.
- Requested relief: A clear request to set aside the judgment, reopen the case, schedule a new trial, or grant other appropriate relief.
- Certificate of service: A statement identifying when and how the motion was served on the other parties.
For a default judgment, evidence might address why the party did not answer or appear, what defense the party intends to present, and whether a new trial would prejudice the opposing party. Facts should be stated accurately and supported by a person with knowledge. Attachments should be labeled and referenced in the motion so the court can understand their relevance.
Some courts require a proposed order, a hearing request, or compliance with local procedures. Check the district or county’s local rules and the assigned judge’s procedures. A motion is not a substitute for a notice of appeal, and filing a motion does not necessarily stay collection, enforcement, or other proceedings. A separate request for a stay or other relief may be needed.
File the Motion and Serve the Other Parties
File the motion with the clerk of the court that issued the judgment, unless the applicable procedure directs otherwise. Texas courts generally use electronic filing for attorneys, and electronic filing may also be available to self-represented parties. The Texas Judicial Branch e-filing information explains the statewide system. A party who files on paper should confirm the clerk’s accepted filing methods, fees, and hours.
Filing and service are separate steps. Serve the motion and supporting materials on every other party or that party’s attorney as required by Texas Rule of Civil Procedure 21a and other applicable rules. Electronic service through the e-filing system is commonly used when required or authorized. Keep proof of filing and service, such as a file-stamped copy and electronic service confirmation.
If a hearing is needed, follow the court’s method for requesting and setting it. Confirm the date, format, notice requirements, and any submission deadlines. Bring organized copies of the motion, evidence, relevant orders, and proposed order. The judge may decide the motion on written submissions or hold a hearing, depending on the issue and court procedures. Filing a motion does not guarantee that the court will grant a hearing or relief.
What Happens After the Motion Is Filed
The opposing party may file a response, and the court may consider written evidence, hear argument, or request additional information. The moving party should be prepared to explain how the legal standard applies to the specific facts. If the court grants relief, it may vacate the judgment and set deadlines for further proceedings. If the motion is denied, the date and wording of the order may affect appellate deadlines and the remaining options.
Parties should continue to monitor the case and comply with any orders while the motion is pending. A motion alone does not erase the judgment or stop enforcement. If property, wages, a bank account, child-related orders, or another urgent issue is involved, the party should promptly ask a qualified lawyer whether emergency or stay procedures apply.
Special Considerations for Family and Criminal Cases
Family-law judgments can involve divorce, child custody, support, or protective orders, and those matters may have specialized statutes and procedural requirements. A request to modify an ongoing custody or support order is not necessarily a request to vacate the original judgment. The correct filing depends on whether the party challenges the original decision, seeks a change based on later circumstances, or claims a procedural defect.
Criminal judgments follow a separate system. A person challenging a conviction may need to consider a motion for new trial, direct appeal, or an application for writ of habeas corpus, depending on the timing and grounds. Civil Texas Rules of Procedure generally do not provide the correct route to vacate a criminal conviction. The deadlines and consequences can be especially serious, so criminal defense counsel should be consulted quickly.
Common Mistakes to Avoid
- Using the wrong motion: A generic “motion to vacate” may not meet the requirements of the applicable rule or remedy.
- Miscounting time: Deadlines can depend on the signed date and procedural details, not simply when the party learned of the judgment.
- Assuming the motion stops enforcement: A separate stay may be necessary.
- Making unsupported claims: The court may require competent evidence, not just allegations.
- Failing to serve other parties: A filing should comply with the applicable service rules.
- Waiting after the deadline: Later remedies such as a bill of review are narrow and difficult to obtain.
Where to Find Texas Rules and Assistance
Current Texas rules are available through the Texas Judicial Branch Rules and Forms page. The relevant rules may include Texas Rules of Civil Procedure 21a, 306a, 329b, and, for justice courts, 500–510. The Texas Judicial Branch and the local court clerk can provide procedural information, but court staff generally cannot advise a party which legal argument to make or whether a motion is likely to succeed.
Because the right to challenge a judgment can depend on short deadlines and precise procedural facts, a Texas attorney can help identify the correct remedy and assess the evidence. If hiring counsel is not possible, a local legal aid organization, law school clinic, or State Bar of Texas referral service may offer options. Any filing should be tailored to the specific court, judgment, and deadline rather than copied from a general form.