The Texas Supreme Court has approved a comprehensive rewrite of Texas Rule of Civil Procedure 166a, which governs summary judgment practice in Texas courts. The amended rule is scheduled to take effect on March 1, 2026, following the close of the public comment period.
The revised rule is primarily intended to clarify motion practice, standardize deadlines, and make summary judgment procedure more predictable for litigants and courts. Other than changes to timing and procedural structure, the rewrite is not designed to alter the underlying legal standards.
Key changes to Rule 166a
1. Clear, standardized briefing deadlines
The amended rule sets a uniform, rule-based briefing schedule tied to the filing of the motion for summary judgment. Under the revised framework, a nonmovant must file any response within 21 days after the motion is filed, absent leave of court. The rule also expressly permits replies, which must be filed within seven days after the response is filed. By tying deadlines to the filing date of the motion rather than a hearing date, the revised rule simplifies calendaring and reduces uncertainty across courts.
2. Mandatory timelines for hearings, submission, and rulings
The revised rule imposes structured timelines on courts once a summary judgment motion is filed. A hearing or written submission date may not be set earlier than 35 days after the motion is filed. But the court must set the motion for hearing or submission within 60 days after filing, or within 90 days if the court’s docket so requires, good cause is shown, or the movant agrees to the extended timeframe.
After the motion is heard or submitted, the court must sign and file a written ruling within 90 days after the hearing or submission. These provisions are designed to prevent summary judgment motions from remaining pending for extended periods and to promote more timely resolution of dispositive issues.
3. Clear treatment of traditional and no-evidence motions
The amended rule reorganizes Rule 166a to more clearly distinguish between traditional summary judgment motions and no-evidence motions. Traditional motions may be filed at any time after the adverse party has appeared or answered and require the movant to establish entitlement to judgment as a matter of law. By contrast, no-evidence motions may be filed after an adequate time for discovery and require the nonmovant to come forward with evidence raising a genuine issue of material fact.
The rule also requires motions to be clearly titled as “Traditional,” “No-Evidence,” or “Combined” motions and specifies the required contents for each type. The revised structure provides clearer guidance regarding how each motion must be presented and opposed, particularly when both grounds are asserted in a single filing.
4. Court administration and case-management changes
The revised rule includes additional procedural requirements intended to standardize summary judgment practice across courts. Upon filing, the clerk must immediately call the motion to the court’s attention, and the court must promptly set the motion for hearing or submission in accordance with the rule’s timelines. No oral testimony may be received at a summary judgment hearing, and the court must record in the docket the date the motion was heard or submitted.
The rule also requires each party to submit a proposed order before the hearing or submission date, reinforcing the expectation that courts will rule promptly and with clarity.
What this means for litigants
- Revise calendaring practices to track response, reply, hearing, and ruling deadlines triggered by the filing date of the motion or the hearing/submission date.
- Expect tighter and more predictable briefing windows, particularly for responses and replies.
- Plan for faster court action on summary judgment motions due to mandatory setting and ruling deadlines.
- Be precise when combining traditional and no-evidence grounds, as the revised rule more clearly differentiates the burdens and standards for each.
Effective date and next steps
The revised Rule 166a is expected to take effect on March 1, 2026. Litigants with cases pending or anticipated in 2026 should familiarize themselves with the amended rule to avoid procedural missteps and to take advantage of the clarified and streamlined summary judgment process.
Client Alert 2026-042