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Rule 326.Not More than Two

Last verified June 28, 2026

In one sentenceRule 326 limits each party to no more than two new trials in the same case granted on the ground of insufficiency or weight of the evidence.

Full Text of Rule 326

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Not more than two new trials shall be granted either party in the same cause because of insufficiency or weight of the evidence.
End

Plain-English Summary

Rule 326 caps evidence-based do-overs. Not more than two new trials may be granted either party in the same cause because of insufficiency or weight of the evidence. The limit keeps a case from cycling endlessly when juries keep reaching results a court finds against the evidence.

The cap is tied to that ground. It does not speak to new trials granted for other reasons, such as a trial error or misconduct.

Frequently Asked Questions

How many new trials can you get in Texas?

Under Rule 326, no more than two per party in the same case on the ground of insufficiency or weight of the evidence.

Does Rule 326's two-new-trial limit apply to every ground for a new trial?

No. Rule 326 caps only new trials granted because of insufficiency or weight of the evidence. It places no limit on new trials granted for other reasons, such as jury misconduct under Rule 327 or a legal error at trial.

Does the two-new-trial cap in Rule 326 run per party or per case?

Per party. Rule 326 limits either party in the same cause to no more than two new trials granted on the insufficiency-or-weight-of-the-evidence ground.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 326), 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: not more than two new trialstwo new trial limitinsufficiency of the evidence new trialnew trial capTRCP 326