A bill of review in Texas is a separate lawsuit you file to set aside a final judgment after the deadlines for a new trial motion and an appeal have already passed. It is not an appeal and not a continuation of the original case. Texas courts treat it as an equitable remedy, which means the judge has discretion, the burden is on you, and you must prove three specific elements to win. Most petitions fail on one of those elements. You have four years from the date the original judgment was signed to file.
When a Bill of Review Is Your Only Option
The trial court keeps power over its own judgment for a short window. Under Texas Rule of Civil Procedure 329b, a motion for new trial must be filed within 30 days after the judgment is signed, and if the court does not rule on it within 75 days, the motion is automatically overruled. Once that window closes and the appeal deadline has also run, the court can no longer set aside its judgment through ordinary channels.
Rule 329b says that once the court’s power expires, a judgment can be set aside only “by bill of review for sufficient cause, filed within the time allowed by law.” If you missed the 30-day window and the appeal deadline, a bill of review is the path that remains.
The Four-Year Filing Deadline
Because no statute sets a specific deadline for bills of review, Texas courts apply the four-year residual limitations period in Texas Civil Practice and Remedies Code Section 16.051.1State of Texas. Texas Civil Practice and Remedies Code 16.051 – Residual Limitations Period The clock starts running on the date the original judgment was signed.
A narrow exception exists for extrinsic fraud that actually concealed the judgment from you. In that situation, the discovery rule can delay the start of the four-year period until you knew or reasonably should have known about the judgment. Courts require strong evidence of genuine concealment, not simple inattention.
The Three Elements You Must Prove
Texas courts have required the same three elements for decades. Failing on any one of them defeats the petition.
A Meritorious Defense or Claim
You must show you had a legitimate defense (or claim, if you were the plaintiff) in the original case that would have changed the outcome. Vague assertions do not suffice. The petition needs specific sworn facts describing exactly what your defense was and why it would have mattered. If your defense is barred as a matter of law or simply too weak to have altered the result, the court will dismiss the bill of review at an early hearing before it ever reaches a full trial.
Prevented by Fraud, Accident, or the Other Party’s Wrongful Act
You must prove that something the opposing party did, or some event outside your control, prevented you from presenting that defense. The interference has to be external. Common examples include the opposing party giving a false address so you never received notice of the lawsuit, or promising to settle in a way that caused you to miss a court date. You need to identify the specific act, connect it directly to your inability to participate, and back it up with evidence.
No Fault or Negligence on Your Part
Even if the other side acted wrongfully, the court will deny relief if your own carelessness contributed to the problem. If you knew about the lawsuit and put off responding, or you received notice and lost track of the deadline, that will be held against you. This is where most bills of review fail. Judges look closely at whether you did what a reasonably careful person would have done.
The Exception for No Service or No Notice
If you can prove you were never properly served with the lawsuit or never received notice of the trial setting, you do not have to satisfy all three traditional elements. The absence of service or notice can entitle you to relief on its own, as long as you file within the four-year window.
This exception covers the most common scenario: a default judgment against someone who never learned the case existed. You still need a verified petition and you still have to meet the procedural requirements, but the substantive burden is significantly lighter.
Extrinsic Fraud, Not Intrinsic Fraud
Not every kind of fraud supports a bill of review, and the distinction catches many petitioners off guard.
Extrinsic fraud is conduct that kept you out of the courtroom entirely. Hiding the lawsuit from you, lying about service of process, or bribing a witness not to testify on your behalf all qualify. Because you never had a fair chance to present your side, extrinsic fraud is a valid ground for relief.
Intrinsic fraud is dishonesty that happened inside the proceedings themselves. Perjured testimony, forged documents, and misrepresentation of facts at trial are all intrinsic fraud, and Texas courts have consistently held that intrinsic fraud does not support a bill of review. The reasoning: those problems could have been challenged through cross-examination, objections, and the other tools of the adversarial process, and the system expects them to be handled at the time or on direct appeal. If a witness lied under oath and that lie produced the judgment against you, a bill of review is almost certainly not the right remedy.
What the Petition Must Contain
The petition starts a new lawsuit. It must be verified, meaning you sign it under oath affirming the facts are true. An unverified petition is grounds for dismissal.
The petition should include:
- Original case details: the cause number, the court, and the date the original judgment was signed.
- Your meritorious defense, stated with particularity: what defense you would have raised and why it likely would have changed the outcome.
- What prevented you from defending: a detailed account of the fraud, accident, or wrongful act that kept you out of the original case, with supporting evidence.
- Your own diligence: facts showing you were not at fault or negligent.
Generalities will sink the petition. Attach supporting documents where you have them: proof of a false service address, correspondence showing deceptive promises, records showing you were unaware of the lawsuit.
Filing, Fees, and Serving the Other Side
File the petition in the same court that entered the original judgment. Texas Government Code Section 51.317 sets a base filing fee of $50 for a new suit in district court, and statutory add-ons for records management, technology, and other line items bring the total higher.2Texas eStatutes. Texas Government Code Title 2 Chapter 51 Sec. 51.317 Actual totals vary by county, so call the district clerk in the county where you are filing to confirm the amount before you go.
After filing, you have to serve the opposing party through service of process. A sheriff, constable, or private process server delivers a copy of the petition and a citation. If the other party cannot be located for personal service, Texas Rule of Civil Procedure 106 allows you to move for substituted service by filing a sworn motion describing where the defendant can likely be found and your failed attempts to reach them; if granted, the court may authorize alternatives, including electronic methods.3South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 106 Method of Service
If you cannot afford the fees, file a Statement of Inability to Afford Payment of Court Costs using the form approved by the Supreme Court of Texas.4Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond You can sign it as a declaration under penalty of perjury (no notary needed) or as an affidavit before a notary. If you receive SNAP, Medicaid, SSI, or TANF, attach proof of enrollment. If the court is satisfied, it waives the fees and the case proceeds.
The Prima Facie Hearing
Before a bill of review reaches a full trial, the court holds a preliminary hearing focused on a single question: have you established a prima facie case for a meritorious defense? It is a screening stage. If your defense is legally barred or too weak to have mattered, the case is dismissed there. If it clears the threshold, the case moves to trial on all three elements, and the opposing party can challenge your evidence, cross-examine witnesses, and argue the original judgment should stand. Bring affidavits, documents, and anything else supporting your defense. A vague showing at this stage is fatal to the whole case.
Collection Does Not Stop Automatically
Filing a bill of review does not pause enforcement on the original judgment. Wage garnishments, bank levies, and property liens can continue while your petition is pending. If you need enforcement to stop, you have to ask for it separately, usually through a motion for a temporary restraining order or temporary injunction, and in some cases by posting a supersedeas bond or other security depending on the nature of the underlying judgment. Raise enforcement early, ideally at the same time you file the petition. The court will not step in on its own.