In Texas, what is “plenary power”?
Plenary power refers to the time period in which the trial court judge still has jurisdiction to modify or vacate his/her final judgment. When plenary power expires, the trial court judge no longer has jurisdiction to modify or vacate the final judgment. If no postjudgment motions are filed, the trial court generally loses plenary power thirty days after the final judgment was signed. See Texas Rule of Civil Procedure 329b(d). If a motion for new trial is filed is filed within thirty days after the signing of the final judgment, plenary power is generally extended until 30 days after the motion for new trial is overruled (regardless of whether the motion is overruled by an order signed by the trial court judge or is overruled by operation of law). See Texas Rule of Civil Procedure 329b(e). If a trial court judge has not signed an order granting or denying a motion for new trial within 75 days after the date the final judgment was signed, the motion is generally overruled by operation of law. See Texas Rule of Civil Procedure 329b(c). So, if a motion for new trial is filed but the trial court judge does not sign an order granting or denying a motion for new trial, the trial court judge’s last day of plenary power is generally the 105th day after the judgment was signed (the motion being overruled by operation of law after day 75 and the court having plenary power for 30 days after the judgment was overruled).
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