Rule 505.3.Motion to Set Aside; Motion to Reinstate; Motion for New Trial
Last verified June 28, 2026
In one sentenceRule 505.3 lets a party file a motion to reinstate a dismissed case, set aside a default judgment, or seek a new trial — each within 14 days after the dismissal or judgment is signed — and provides that these motions are not prerequisites to appeal.
Full Text of Rule 505.3
(a) Motion to Reinstate after Dismissal. A plaintiff whose case is dismissed may file a motion to reinstate the case no later than 14 days after the dismissal order is signed. The plaintiff must serve the defendant with a copy of the motion no later than the next business day using a method approved under Rule 501.4. The court may reinstate the case for good cause shown.
(b) Motion to Set Aside Default. A defendant against whom a default judgment is granted may file a motion to set aside the judgment no later than 14 days after the judgment is signed. The defendant must serve the plaintiff with a copy of the motion no later than the next business day using a method approved under Rule 501.4. The court may set aside the judgment and set the case for trial for good cause shown.
(c) Motion for New Trial. A party may file a motion for a new trial no later than 14 days after the judgment is signed. The party must serve all other parties with a copy of the motion no later than the next business day using a method approved under Rule 501.4. The judge may grant a new trial upon a showing that justice was not done in the trial of the case. Only one new trial may be granted to either party.
(d) Motion Not Required. Failure to file a motion under this rule does not affect a party’s right to appeal the underlying judgment.
(e) Motion Denied as a Matter of Law. If the judge has not ruled on a motion to set aside, motion to reinstate, or motion for new trial, the motion is automatically denied at 5:00 p.m. on the 21st day after the day the judgment was signed.
End
Plain-English Summary
Rule 505.3 gives a party three post-judgment motions, each due within 14 days. A plaintiff whose case is dismissed may move to reinstate it; a defendant hit with a default judgment may move to set it aside; and any party may move for a new trial. Filing one of these motions is not required to appeal — failing to file does not affect the right to appeal the underlying judgment.
If the judge does not rule on the motion within a set time, it is denied as a matter of law, so the party can move on to appeal.
Frequently Asked Questions
How long do you have to ask a justice court to set aside a default judgment?
14 days after the judgment is signed (Rule 505.3).
Do you have to file a motion for new trial to appeal a justice court judgment?
No. Rule 505.3 says failing to file one of these motions does not affect the right to appeal.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 505.3), 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 to set aside defaultmotion to reinstatemotion for new trial justice courtfourteen daysTRCP 505.3