Last amended January 1, 1988 · Last verified June 28, 2026
In one sentenceRule 320 lets a court grant a new trial or set aside a judgment for good cause, on motion or on its own, including for manifestly excessive or inadequate damages, and allows a partial new trial on a clearly separable part — but not unliquidated damages alone where liability is contested.
Full Text of Rule 320
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New trials may be granted and judgment set aside for good cause, on motion or on the court's own motion on such terms as the court shall direct. New trials may be granted when the damages are manifestly too small or too large. When it appears to the court that a new trial should be granted on a point or points that affect only a part of the matters in controversy and that such part is clearly separable without unfairness to the parties, the court may grant a new trial as to that part only, provided that a separate trial on unliquidated damages alone shall not be ordered if liability issues are contested. Each motion for new trial shall be in writing and signed by the party or his attorney.
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Plain-English Summary
Rule 320 is the core new-trial rule. A court may grant a new trial and set aside a judgment for good cause — on a party's motion or on its own — on the terms it directs. It may grant one when the damages are manifestly too small or too large.
The court may also limit the do-over. When a new trial should be granted on a point or points that affect only part of the controversy, and that part is clearly separable without unfairness to the parties, the court may grant a new trial as to that part alone. One limit guards a defendant: a separate trial on unliquidated damages alone may not be ordered while liability is contested. Every motion for new trial must be in writing and signed by the party or the attorney.
Frequently Asked Questions
When can a Texas court grant a new trial under Rule 320?
For good cause, on a party's motion or on the court's own motion, including when the damages are manifestly too large or too small.
Can a Texas court grant a new trial on only part of a case?
Yes, on a clearly separable part. But it may not order a separate trial on unliquidated damages alone when liability is still contested.
Does a motion for new trial have to be in writing?
Yes. Rule 320 requires every motion for new trial to be in writing and signed by the party or the attorney.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 320), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:motion for new trialnew trialset aside judgmentpartial new trialTRCP 320