Default Judgments and New Trials

The Texas Supreme Court recently reminded that, in addition to the 3-factor Craddock test for when a new trial is required after a default judgment, the “ordinary” motion for new trial is also available as an option:

“Even if a defendant does not satisfy the Craddock test, a trial court has broad discretion to determine that another ground identified in the defendant’s motion constitutes ‘good cause’ to order a new trial following a default judgment. See TEX. R. CIV. P. 320. This is so because such judgments are disfavored and “differ from every other kind in a fundamental way.” In re Lakeside Resort JV, LLC, 689 S.W.3d 916, 920 (Tex. 2024).”

Tabakman v. Tabakman, No. 24-0919 (Tex. Dec. 5, 2025).