New Texas Summary Judgment Rules Now in Effect

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The Texas Supreme Court has adopted amendments to Rule 166a of the Texas Rules of Civil Procedure, substantially modifying deadlines for trial courts and attorneys to respond to summary judgment motions filed on or after March 1, 2026. The new rule expedites the summary judgment process but also presents potential challenges for litigants, including difficulty obtaining timely hearings and extensions, as well as courts pushing more motions to submission rather than oral argument.

Why it matters

The amended Rule 166a aims to speed up summary judgment practice in Texas state courts, but the expedited deadlines and mandatory rulings within 90 days could create new hurdles for litigants navigating the summary judgment process.

The details

Under the previous rule, the moving party had to file its summary judgment motion and evidence 21 days before the hearing, and the opposing party had 7 days to respond. The new rule requires the responding party to file within 21 days of the motion, and the court must set the hearing within 35-60 days and issue a ruling within 90 days of the hearing. This could make it difficult to obtain extensions or challenge premature motions, and courts may push more motions to submission rather than oral argument.

• The amended Rule 166a went into effect on March 1, 2026.
• Courts in Dallas County have adopted additional measures, such as automatically denying summary judgment motions filed within 90 days of trial.

What’s next

Litigants will need to carefully navigate the new summary judgment deadlines and requirements, potentially seeking to limit summary judgment filings in initial docket control and scheduling orders.