Skip to main content

If a motion for new trial is approved and scheduled in court, is there any time limit on when this trial can be heard?

De Kalb, TX |

This has been done after a final divorce decree was signed and entered into court records. The appeal was submitted before the 30 days and the court approved re-trial but it was scheduled way beyond 105 days. Just wondering if there is a time limit for when the trial has to take place?

+ Read More

Attorney answers 3


The 105 days doesn't have anything to do with when the reinstated case has to be resolved--that's just the limit within with the court still has jurisdiction to grant a motion for new trial. As to when your new trial date will be, that's going to need to be scheduled with the court. I expect they'll probably want to expedite things, but that would likely depend on the specific circumstances (like whether there's already been an opportunity to conduct discovery or attend mediation, just how long the case has already been sitting on the court's docket, things like that).


In general, no, there is no time limit within which the Court must reset the new trial. The 105 day limit has to do with plenary jurisdiction, but the setting and trial of cases is left to the discretion of the Judge. Generally, the Court should provide forty-five days' notice of trial for the first setting, HOWEVER this would be a new trial on an existing matter, and not the FIRST trial, therefore my gut tells me that the Court would not be compelled to give forty-five days' notice of the new trial.

There is no legal relationship created or implied by the exchange of messages or information on this website. All statements by me are offered as general guidance, but should not be considered in any way to be legal advice for you to act on without consultation with a licensed lawyer in your state. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information and guidance offered on this site. Legal advice is ONLY offered by me in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


Thus is not a criminal question and should be redirected to a divorce attorney. You should retain a divorce attorney immediately who can file for a trial date. Good luck .

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer