Texas Motion For New Trial Civil Forfeiture
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FAQ
In Texas, a motion for new trial is generally due thirty days after the trial court judge signed the final judgment. See Texas Rule of Civil Procedure 329b(a).
Civil asset forfeiture is the legal process that allows law enforcement to take property they believe is used or intended to be used in committing certain crimes. The owners of the property do not have to be charged with a crime for the property to be taken.
(a) Motion for new trial, if filed, shall be filed prior to or within thirty days after the judgment or other order complained of is signed. (b) One or more amended motions for new trial may be filed without leave of court before any preceding motion for new trial filed by the mov.
A motion for a new trial has to be made within 30 days of the sentence. Any amendments to the motion have to be made within that 30-day window, as well, or have the leave of the court. Courts do not have jurisdiction to hear any filings made outside that window.
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.