If you practice in Texas state court, the summary judgment deadlines you memorized are wrong now. On March 1, 2026, a rewritten Texas Rule of Civil Procedure 166a took effect, and it replaced the old “count backward from the hearing” framework with fixed deadlines that run forward from the day the motion is filed. This article walks through the current timeline — the 21-day response clock, the 7-day reply window, the hearing-setting rules, and the no-evidence nuances — plus a worked date example you can actually follow on a calendar.
The rewrite matters because nearly every Texas summary judgment guide written before 2026 — including, quite possibly, your own firm’s old templates — still recites the retired timing: motion filed at least 21 days before the hearing, response due 7 days before the hearing. Use those numbers on a motion filed on or after March 1, 2026, and your response will be late.
The New Rule 166a Timeline at a Glance
For a traditional or no-evidence motion filed on or after March 1, 2026, the rule anchors every deadline to the filing date, not the hearing date:
| Event | Deadline | Rule reference |
|---|---|---|
| Response due (with all supporting evidence) | 21 days after the motion is filed — regardless of whether a hearing has even been set | Tex. R. Civ. P. 166a(d)(1) |
| Reply brief (movant only) | 7 days after the response is filed; may not raise new or independent summary judgment grounds | Tex. R. Civ. P. 166a |
| Earliest hearing or submission date | No earlier than 35 days after filing | Tex. R. Civ. P. 166a(g)(1) |
| Hearing/submission must be set | Within 60 days after filing (extendable to 90 days for good cause, docket necessity, or with the movant’s agreement) | Tex. R. Civ. P. 166a(g)(1) |
| Court’s ruling | Written ruling within 90 days after the hearing or submission date | Tex. R. Civ. P. 166a |
The single most dangerous change is the response deadline. Under the old rule, the response clock floated with the hearing date — if the hearing got moved, your response date moved with it. Under the new rule, the response is due 21 days after filing, full stop. As court practice guides put it: do not wait for the hearing date to respond. File evidence on time, because your opponent’s materials are due at the time of the response, and the movant’s supporting materials were due at the time of the motion.
Worked Example: Counting the 21-Day Response Clock
Say the movant files and serves a traditional motion for summary judgment on Monday, March 2, 2026 (Day 0). Under the day-counting rules of Tex. R. Civ. P. 4, you exclude the filing day and count forward in calendar days, including weekends; if a deadline lands on a weekend or legal holiday, it rolls to the next business day.
- Response due — Monday, March 23, 2026 (Day 21). Your response and all supporting affidavits, deposition excerpts, and documentary evidence must be filed by this date.
- Reply due — Monday, March 30, 2026 (Day 28). The movant may file a reply within 7 days after the response. The reply cannot ambush you with new or independent grounds — it is limited to rebutting your response.
- Earliest hearing or submission — Monday, April 6, 2026 (Day 35). The court cannot set the motion sooner than 35 days after filing.
- Latest routine hearing setting — Friday, May 1, 2026 (Day 60). The court must set the hearing or submission within 60 days of filing, extendable to 90 days for good cause.
- Ruling deadline — up to 90 days after the hearing or submission date. For the first time, the rule imposes a deadline on the court itself: a written ruling within 90 days after the hearing or submission date. Previously there was no deadline at all, and litigants sometimes waited indefinitely.
Watch one trap in this example: if the motion were served on you by mail rather than by e-service, TRCP 21a(c) adds three days to the prescribed period — three days are added whenever the triggering paper is served by mail. That mail add-on applies to the response clock, so confirm the service method on the certificate of service before you calendar the deadline.
Traditional, No-Evidence, and Combined Motions — and What the Titles Must Say
The rewritten rule formally defines the two motion types and expressly permits a third:
- Traditional motion. Argues there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. The movant carries the burden with its attached evidence. It may be filed at any time after the adverse party has appeared or answered — so the Texas answer deadline (the Monday after 20 days from service under TRCP 99) is often the first domino in a summary judgment timeline.
- No-evidence motion. Argues the opposing party has no evidence on one or more essential elements of a claim or defense on which that party bears the burden of proof. The burden shifts: the movant names the challenged elements, and the nonmovant must produce some evidence raising a genuine issue of material fact on those elements. Critically, a no-evidence motion may only be filed after an adequate time for discovery — file one prematurely and the nonmovant has a clear path to defeat it, so track your Texas discovery deadlines before filing.
- Combined motion. The rule now expressly permits a single filing that raises both traditional and no-evidence grounds — a common practice that was never before stated in the rule.
Two formatting mandates come with the rewrite, and both bite if ignored. First, every motion must be titled “Traditional Motion for Summary Judgment,” “No-Evidence Motion for Summary Judgment,” or “Combined Motion for Traditional and No-Evidence Summary Judgment” — no title was previously required (an absent or incorrect title is not itself grounds for denial, but why hand your opponent a cheap argument?). Second, a request for oral argument must appear in the title of the motion or response, not buried in the body of the brief, and both parties must submit proposed orders before the hearing or submission date.
What the Old Rule Looked Like — and Why Old Sources Mislead
If you learned Texas summary judgment practice before 2026, here is what changed, side by side:
| Issue | Old rule (pre-March 2026) | New rule (effective March 1, 2026) |
|---|---|---|
| Response deadline | 7 days before the hearing | 21 days after the motion is filed |
| Reply brief | No provision in the rule | 7 days after the response is filed; no new grounds |
| Deadline clock runs from | Hearing date (floating) | Filing date (fixed) |
| Earliest hearing | 21 days after filing | 35 days after filing |
| Court must set hearing by | No deadline | 60 days after filing (90 with good cause) |
| Court must rule by | No deadline | Written ruling within 90 days of hearing/submission |
| Motion title | None required | Traditional / No-Evidence / Combined required |
| Oral argument request | Could appear anywhere | Must appear in the title |
| Proposed orders | Not required | Both parties must submit them |
The legal standards for granting summary judgment are unchanged, and existing Texas case law on traditional and no-evidence burdens still applies. The rewrite is procedural — it changes when everything happens and forces the machinery to move, not what a movant must prove. And note the transition: the new rule applies to motions filed on or after March 1, 2026. If you are responding to a motion filed before that date, the old hearing-anchored timing may still govern — check with the court rather than assuming.
What Happens If You Miss the Response Deadline
Under the new fixed framework, a late response is an especially unforgiving mistake: because the deadline runs from filing rather than from a noticed hearing, there is no rescheduled hearing date that quietly resets your clock. A court may still grant leave to file a late response, and courts historically had discretion to shorten the rule’s time limits or accept late filings they actually consider — but you cannot count on either. If the deadline is about to pass, file a motion for continuance with a supporting affidavit explaining why you cannot yet present the essential facts, rather than filing nothing. And if a deadline has already slipped, read our guide on what to do when you miss a court deadline before the hearing date arrives.
Texas Summary Judgment Deadlines: FAQs
When is a response to a Texas summary judgment motion due?
For motions filed on or after March 1, 2026, the response — including all supporting evidence — is due 21 days after the motion is filed, under Tex. R. Civ. P. 166a(d)(1). The deadline runs from the filing date even if no hearing has been set yet.
Can the movant file a reply, and can it raise new arguments?
Yes — the movant may file a reply within 7 days after the response is filed. But the rule expressly prohibits raising new or independent summary judgment grounds in the reply, except to address a new or amended pleading filed after the motion when an originally asserted ground negates an element common to the new pleading.
How soon can the court hear a Texas summary judgment motion?
No earlier than 35 days after the motion is filed, and the court must set the motion for hearing or submission within 60 days of filing — extendable to 90 days for good cause, docket necessity, or with the movant’s agreement. The court may also decide the motion by submission without any oral hearing.
Can a no-evidence motion be filed before discovery is complete?
No. A no-evidence motion may only be filed after an adequate time for discovery has passed. Filing one prematurely gives the nonmovant a straightforward basis to oppose it — and possibly a continuance to finish discovery — so coordinate the motion with your discovery schedule.
Does serving the motion by mail change the response deadline?
It can. Under Tex. R. Civ. P. 21a(c), three days are added to the prescribed period when the triggering paper is served by mail. With e-service now standard in Texas practice, the add-on rarely applies — but always check the certificate of service before calendaring.
What if the court does not rule on the motion?
That is now a rule violation, not just a frustration. The rewritten rule requires a written ruling within 90 days after the hearing or submission date — the first time Texas practice has imposed any ruling deadline on the court. Previously, litigants sometimes had no recourse but a mandamus action when a court sat on a motion indefinitely.
This article is general information about Texas court procedure, not legal advice. Court rules change, local rules and standing orders can modify these timelines, and your case may have different deadlines. Verify the current rule text with the Texas Judicial Branch and consult a Texas-licensed attorney about your specific matter.