Texas civil litigators take note: after nearly three decades, summary judgment practice is getting a facelift. The Texas Supreme Court has issued a complete rewrite of Rule 166a of the Texas Rules of Civil Procedure, which is scheduled to take effect on March 1, 2026.
On December 30, 2025, the Court issued Misc. Docket No. 25-9106, giving preliminary approval to the amended rule with a public comment period open through February 28, 2026. This is not a minor tweak. Rule 166a has been entirely restructured, from additional housekeeping requirements to a complete timeline overhaul, and practitioners who fail to adapt quickly may find themselves at a procedural disadvantage from day one.
While the Court’s comment to the 2026 change states the rewrite is not intended to substantively change the law — other than deadline modifications — the structural and procedural differences are significant enough to demand careful attention from every Texas litigator. Here’s a summary of the key changes to look out for.
Housekeeping changes.
The proposed rule imposes a titling requirement for summary judgment motions where none existed before. Each motion has three title options under the proposed rule: (1) “Traditional Motion for Summary Judgment,” (2) “No-Evidence Motion for Summary Judgment,” or (3) “Combined Motion for Summary Judgment.” Tex. R. Civ. P. 166a(b)(2)(A) (2026). An incorrect title is not grounds for denial, but it will be grounds for a filing return and delays. Further, a party must include its hearing request on the cover of the motion or response. Tex. R. Civ. P. 166a(b)(2)(B), (d)(2) (2026).
The proposed rule also requires both the movant and responding party to submit a proposed order before the hearing or written submission date and provides that any withdrawal of a motion must be formally filed with the date of the original motion. Tex. R. Civ. P. 166a(f), (g) (2026).
Timeline changes.
The largest difference between the proposed and current rule is the timeline.
Under the current rule, the nonmovant’s response is due no later than 7 days before the hearing. Under the new rule, the response is due 21 days after the motion is filed — regardless of when the hearing is set. Tex. R. Civ. P. 166a(d)(1) (2026).
Currently, a motion must be filed at least 21 days before the hearing. The proposed rule expands this timeline to a minimum of 35 days between the original motion and the hearing. Tex. R. Civ. P. 166a(g)(1) (2026).
The current rule contains no express provision for a reply brief. The new rule gives the movant the right to file a reply within 7 days after the response is filed, with the important limitation that the reply cannot raise new or independent grounds for summary judgment.
Further, for the first time, the proposed rule puts a timeline on the court’s actions. The new rule requires the hearing or submission date to be set no earlier than 35 days after filing and no later than 60 days after filing. Tex. R. Civ. P. 166a(g)(1) (2026). This is extendable to 90 days for good cause, docket necessity, or with the movant’s agreement. The new rule even imposes a deadline on courts to sign and file a written ruling within 90 days after the hearing or submission date. Tex. R. Civ. P. 166a(i) (2026).
How do these changes affect you?
First and foremost, we suggest a review of all active cases crossing the March 1 line. For motions filed on or after the effective date, the new rule governs. Assess now which pending matters will be affected and communicate proactively with opposing counsel and the court about adjusted expectations.
Be aware of timeline changes for filing – no more waiting for the motion to be set for hearing to file your response, and no more waiting until the day before the hearing to file your reply. Now is the time to update calendaring software and ensure that anyone responsible for scheduling is aware of the new deadlines. Courts will no longer be able to let motions sit indefinitely, so be ready to eliminate long delays.
Clearly title your motions. An improperly titled motion will be the quickest way a summary judgment motion gets returned. Do not waste time by forgetting the most basic new requirement.
On that note, submit a proposed order before the hearing. It is not enough to show up on the day of the hearing with a proposed order for the judge. This is a good general rule of thumb, but an easy one to forget.
Preparation is key, as a matter of law.
The rewrite of Rule 166a represents the most significant overhaul of Texas summary judgment practice in a generation and decades-long calendaring procedures are going to need to adapt. The procedural landscape is shifting in ways that will affect every litigant and every practitioner in Texas civil courts; and the timeline for preparation is short.
In summary…
- Motion types: Combined motions are now explicitly permitted alongside traditional and no-evidence motions.
- Motion title: Motions must now be titled "Traditional," "No-Evidence," or "Combined" — no title was previously required.
- Hearing request: Must now appear on the cover of the motion or response; previously not addressed.
- Response deadline: Changed from 7 days before the hearing to 21 days after the motion is filed.
- Reply brief: Movant now has 7 days after the response to file a reply; no new grounds permitted. Previously not addressed.
- Earliest hearing/submission: Extended from 21 days to 35 days after filing.
- Latest hearing/submission: Now capped at 60 days after filing (extendable to 90 days); previously no deadline.
- Court ruling deadline: Court must now rule within 90 days after the hearing or submission date; previously no deadline.
- Proposed order: Both parties must now submit one before the hearing; previously not required.
- Discovery filing: Supporting materials due at time of motion (previously 21 days before hearing); opposing materials due at time of response (previously 7 days before hearing).
- Withdrawal: Must now be formally filed and identify the original filing date; previously not addressed.
The public comment period closes February 28, 2026, and the rule takes effect March 1, 2026.
Our litigation team has been closely analyzing the amended rule and is ready to help you navigate the transition. Whether you have active cases approaching summary judgment or want to understand how the new framework affects your litigation strategy going forward, we encourage you to reach out.
The rules are changing. Make sure your practice is ready.