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what is rule 306a (3) T.R.C.P.

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what is rule 306a (3) T.R.C.P.
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RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT

 

1. Beginning of Periods. The date of judgment or order is signed as shown of record shall

determine the beginning of the periods prescribed by these rules for the court's plenary power

to grant a new trial or to vacate, modify, correct or reform a judgment or order and for filing

in the trial court the various documents that these rules authorize a party to file within such

periods including, but not limited to, motions for new trial, motions to modify judgment,

motions to reinstate a case dismissed for want of prosecution, motions to vacate judgment

and requests for findings of fact and conclusions of law; but this rule shall not determine

what constitutes rendition of a judgment or order for any other purpose.

2. Date to Be Shown. Judges, attorneys and clerks are directed to use their best efforts to cause

all judgments, decisions and orders of any kind to be reduced to writing and signed by the

trial judge with the date of signing stated therein. If the date of signing is not recited in the

judgment or order, it may be shown in the record by a certificate of the judge or otherwise;

provided, however, that the absence of a showing of the date in the record shall not invalidate

any judgment or order.

3. Notice of Judgment. When the final judgment or other appealable order is signed, the clerk

of the court shall immediately give notice to the parties or their attorneys of record by firstclass

mail advising that the judgment or order was signed. Failure to comply with the

provisions of this rule shall not affect the periods mentioned in paragraph (1) of this rule,

except as provided in paragraph (4).

4. No Notice of Judgment. If within twenty days after the judgment or other appealable order

is signed, a party adversely affected by it or his attorney has neither received the notice

required by paragraph (3) of this rule nor acquired actual knowledge of the order, then with

respect to that party all the periods mentioned in paragraph (1) shall begin on the date that

such party or his attorney received such notice or acquired actual knowledge of the signing,

whichever occurred first, but in no event shall such periods begin more than ninety days after

the original judgment or other appealable order was signed.

5. Motion, Notice and Hearing. In order to establish the application of paragraph (4) of this

rule, the party adversely affected is required to prove in the trial court, on sworn motion and

notice, the date on which the party or his attorney first either received a notice of the

judgment or acquired actual knowledge of the signing and that this date was more than

twenty days after the judgment was signed.

6. Nunc Pro Tunc Order. When a corrected judgment has been signed after expiration of the

court's plenary power pursuant to Rule 316, the periods mentioned in paragraph (1) of this

rule shall run from the date of signing the corrected judgment with respect of any complaint

that would not be applicable to the original document.

7. When Process Served by Publication. With respect to a motion for new trial filed more

than thirty days after the judgment was signed pursuant to Rule 329 when process has been

served by publication, the periods provided by paragraph (1) shall be computed as if the

judgment were signed on the date of filing the motion.

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