Rule 166a Summary Judgment Rule Revisions:
What You Need to Know!

With its preliminary approval of amendments to Rule 166a of the Texas Rules of Civil Procedure, the Texas Supreme Court has begun the process of revising summary judgment practice in Texas.  The Court’s comment to the 2026 revisions indicates this “rewrite” is intended to “modernize” the rule not “to substantively change the law.” Misc. Docket No. 25-9106 at 7 (Tex. Dec. 30, 2025).  The Court invited comments to the amendments until February 28, 2026, and expected the amendments to take effect March 1, 2026.

The following reflects the major changes the Court intends with this rewrite of the summary judgment rule (in no particular order of importance):

(1) Title.

The title of a motion for summary judgment must be “Traditional Motion for Summary Judgment” or “No-Evidence Motion For Summary Judgment” or Combined Motion for Summary Judgment.” TRCP 166a(b)(2)(A).

If a movant requests an oral hearing on the motion, that request must appear on the cover (the title page) of the motion.  166a(b)(2)(B).

Practice Pointer: The motion’s style is just a question of nomenclature as “[a]n absent or incorrect title is not grounds for denying the motion.”  Id.

(2) Timing Requirements for the Filing of Summary Judgment Motions, Responses, and Replies.

Under the revised rule, traditional motions for summary judgment may be filed “any time after the adverse party has appeared or answered” unless a different deadline is set by court order. 166a(b)(3)(A). A no-evidence motion may only be filed after adequate time for discovery. 166a(b)(3)(B).

The rule now requires that the summary judgment response be filed “within 21 days after the motion is filed.” 166a(d)(1). If the non-movant needs additional time to secure evidence supporting the response, the non-movant must file “an affidavit or declaration specifying the reasons why the non-movant cannot present facts essential to justify its opposition.” 166a(d)(3).

Any reply to a motion for summary judgment must be filed within 7 day after the response is filed, and the reply may not raise “new and independent” grounds other than to address an amended pleading. 166a(e)(1),(2).

Practice Pointer: The revised rule gives the Court discretion to extend the time to file a response or to simply deny the motion without prejudice to its refiling. 166a(d)(3). There is tension between this provision of the rule and Rule 166a(b)(3)(B), which requires that no-evidence motions be filed only “after adequate time for discovery.” There will likely be lawyer squabbles in the future about whether there’s been adequate time for discovery that courts will have to resolve.  Probably a good idea to avoid “quick trigger” no-evidence motions if you anticipate the other side will need discovery to respond.

(3) Timing of Summary Judgment Hearings.

A big change to Texas summary judgment practice is set out in Rule 166a(c), which requires that courts “promptly set the motion for submission or a hearing according to this rule.”

Rule 166a(g)(1) addresses the timing of hearings and submissions, which may not be set within 35 days of the motion’s filing.  Unless withdrawn, the court must set the hearing or submission 60 days after the motion’s filing, see 166a(g)(1)(A), or within 90 days after filing if the court’s docket so requires, or on a showing of “good cause,” or if the movant agrees. 166a(g)(1)(B)(i-iii).

Practice Pointer: Many Texas trial judges have already weighed in and expressed frustration with what they see as new summary judgment timing mechanisms that will complicate scheduling on their dockets. Practitioners should, of course, be aware of and work cooperatively with the courts on all questions relating to scheduling.

(4) Other Summary Judgment Requirements Under the Revised Rule.

Each side must submit a proposed order before the hearing or written submission date. 166a(g)(3).

No oral testimony will be received at a hearing on a summary judgment motion, but the parties may make use of “discovery not otherwise on file” if:

• • • copies of the material, appendices containing the evidence, or a notice containing specific reference to the discovery or other instruments is filed with a “statement of intent to use the specified discovery as summary judgment evidence.” 166a(j).

Although not a substantive change, the revised rule specifically notes that affidavits and declarations must be based on personal knowledge and sworn or certified 166a(l). The trial court may award reasonable expenses – including attorneys’ fees – if an affidavit or declaration is submitted in bad faith or solely for delay.  166a(m). The offending party or attorney may also be held in contempt or subject to appropriate sanctions. Id.

There will obviously be a period of adjustment for courts and lawyers alike as we acclimate to the new filing and timing requirements of the revised summary judgment rules.  Be that as it may, these changes likely go into effect in March of 2026 and we all need to be aware of the revisions to Texas summary judgment practice going forward.