Mechanism 31
Bill of review
Can a Texas judgment be attacked after the appellate deadlines have passed?
By bill of review, and only on a narrow showing: a meritorious defence or claim, which the petitioner was prevented from asserting by the fraud, accident or wrongful act of an opponent or by official mistake, unmixed with any fault or negligence of the petitioner’s own. Four years from rendition, and available only once plenary power has expired and no other remedy exists.
By John P. Henry · Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979); Tex. Civ. Prac. & Rem. Code § 16.051 · Reviewed 2026-08-02
The authority
Bill of review complainants must ordinarily plead and prove (1) a meritorious defense to the cause of action alleged to support the judgment, (2) that they were prevented from making by the fraud, accident or wrongful act of the opposite party, (3) unmixed with any fault or negligence of their own.Baker v. Goldsmith, 582 S.W.2d 404, 406–07 (Tex. 1979)
Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979); Tex. Civ. Prac. & Rem. Code § 16.051
When it applies
A judgment discovered long after the fact, an agreed judgment entered without authority, a clerk’s failure to send notice that also defeats Rule 306a. It is the last door and it is a narrow one.
How it is proved up
- Plead all three elements and understand that the third is close to literal. Fault or negligence of the petitioner’s own defeats the bill even where the opponent behaved badly.
- Official mistake is a real category — a clerk who did not send the notice, a file that was mis-docketed — and it does not require anyone to have acted wrongfully.
- Establish first that no other remedy was available. A petitioner who could have moved for new trial, or taken a restricted appeal, and did not, has a fault problem.
- Watch the four years. It runs from rendition of the judgment under the residual limitations statute, and equitable extensions are narrow.
- Expect a preliminary hearing on the meritorious defence before the merits are reached. The procedure is staged, and the first stage is where most bills end.
What defeats it
- Any negligence of the petitioner or its counsel.
- A remedy that was available and not taken.
- The four-year period.
- A defence that is real but would not have changed the result.
Where I have used it
Prepared rather than filed, more than once — the analysis that shows a bill of review will not succeed is worth as much to a client as the petition, and it is cheaper.
Questions
What is a bill of review in Texas?
An independent equitable action to set aside a judgment that is no longer appealable and not void. It requires a meritorious defence or claim the petitioner was prevented from asserting by fraud, accident or wrongful act of the opponent or by official mistake, unmixed with any fault of its own.
How long do you have to file a bill of review in Texas?
Four years from rendition of the judgment, under the residual limitations period in Tex. Civ. Prac. & Rem. Code § 16.051.
What is the difference between a bill of review and a restricted appeal?
A restricted appeal is an appeal on the existing record within six months, and error must appear on the face of that record. A bill of review is a separate suit within four years in which extrinsic evidence may be offered, but the equitable elements are demanding.