Texas Rewrites Its Summary Judgment Rule: What You Need to Know About New Rule 166a

On February 27, 2025, the Texas Supreme Court amended Rule 166a of the Texas Rules of Civil Procedure — the rule governing summary judgment — and the new version took effect on March 1, 2026. This is one of the most significant rewrites of the rule in decades, bringing new structure, clearer procedures, and tighter deadlines to one of civil litigation's most consequential motions.

Whether you're a plaintiff or defendant in a Texas civil case, here's what changed and why it matters to you.

A Cleaner Framework: Two Types of Motions, Now Defined

The new rule begins with something the old rule lacked entirely: definitions. Rule 166a(a) now formally distinguishes between the two types of summary judgment motions Texas has long recognized:

A "traditional" motion seeks to show that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of law. A "no-evidence" motion seeks to show that there is simply no evidence of an essential element of a claim or defense on which the other party would carry the burden of proof at trial.

Crucially, the new rule expressly allows a party to combine both types into a single motion — something courts were already permitting but which the rule never spelled out.

Titles and Formalities Now Required — With a Catch

Under Rule 166a(b)(2), a motion for summary judgment must now be titled one of three ways:

• "Traditional Motion for Summary Judgment"

• "No-Evidence Motion for Summary Judgment"

• "Combined Motion for Traditional and No-Evidence Summary Judgment"

If a party wants an oral hearing on the motion, that request must appear in the title itself. This is a meaningful shift — hearing requests buried in the body of a filing no longer suffice under the new rule.

That said, the rule is practical: an absent or incorrect title is not grounds for denying the motion outright. The substance controls, not the caption.

Filing Deadlines: More Flexibility, With Clear Boundaries

The timing framework is one of the most practically significant changes:

• Traditional motions may be filed at any time after the nonmovant has appeared or answered in the case — unless a court order sets a different deadline. This gives parties and courts flexibility to manage the schedule.

• No-evidence motions may only be filed after "adequate time for discovery." This longstanding requirement is preserved under the new rule.

Once the motion is filed, the clerk must immediately bring it to the court's attention. The court must then set the matter for hearing or submission, and the clerk must notify all parties.

Response and Reply: New 21-Day and 7-Day Windows

Under the new rule, the nonmovant has 21 days after the motion is filed to serve a response, unless the parties agree otherwise or the court grants leave. This is a shift from the old rule, which tied the response deadline to the hearing date rather than the filing date.

The movant may then file a reply within 7 days after the response is filed. The reply may not raise new or independent grounds for summary judgment — it is limited to responding to what the nonmovant raised, though it may address a newly filed or amended pleading if the original motion already covered a common element.

Hearing or Submission: Mandatory Timelines for the Court

New Rule 166a(g) creates a schedule that the court itself must follow. A hearing or submission date cannot be set until at least 35 days after the motion is filed — giving the parties time to complete briefing. Unless the motion is withdrawn, the court must set the matter within:

• 60 days after filing, in most cases, or

• 90 days after filing, if the docket requires it, good cause is shown, or the movant agrees.

  
  

Before the hearing or submission date, both parties must submit proposed orders. And no oral testimony will be received at the hearing — the proceeding is limited to argument and the paper record.

The Standard: What the Court Must Do

The substantive standard for granting summary judgment is preserved from prior law but now codified more cleanly in Rule 166a(h):

For a traditional motion, the court must grant judgment if the movant shows there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law on the issues expressly set out in the motion.

For a no-evidence motion, the court must grant the motion unless the nonmovant produces summary judgment evidence raising a genuine issue of material fact.

Importantly, no judgment may be granted on grounds not stated in the motion — the court is limited to what was actually argued.

If the court does not grant full relief, it may specify what facts are established as a matter of law and direct further proceedings.

The Court Must Rule Within 90 Days

One of the most consequential new provisions is the mandatory ruling deadline. Under Rule 166a(i), the court must sign a written ruling, file it with the clerk, and provide it to the parties within 90 days after the hearing or submission date. This addresses a persistent frustration in Texas practice — motions that sat on the court's desk for months with no action. That practice is no longer permissible under the new rule.

Evidence: What Counts and How to Present It

The new rule provides a clear list of acceptable summary judgment evidence in Rule 166a(j):

• Deposition transcripts

• An opposing party's pleadings, interrogatory answers, admissions, and other discovery responses

• Affidavits and declarations

• Stipulations

• Other authenticated evidence

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Evidence may be produced by making a specific reference to where it can be found in the court's file. Discovery materials not already on file must be attached or specifically referenced when the motion or response is filed — they cannot be added later without the court's permission.

Affidavits and declarations must be based on personal knowledge, must set out facts that would be admissible in evidence, and must show the affiant is competent to testify. Defects in form will not result in reversal unless the opposing party timely objected and the defect was not cured when given the opportunity.

The rule also preserves the court's authority to sanction a party who submits an affidavit in bad faith or solely for delay — by awarding attorney's fees, holding the party in contempt, or imposing other sanctions.

Finally, the court may consider late-filed evidence if it indicates that consideration in the record.

What This Means for Your Case

The new Rule 166a is a well-organized, modernized framework that brings greater predictability to summary judgment practice in Texas. The most practical takeaways are:

• The 21-day response deadline runs from filing, not from the hearing date — so litigants must calendar and act quickly once a motion arrives. Hearing requests must be included in the title of the motion or response; otherwise, they may be forfeited.

• Courts now have an obligation to rule within 90 days of submission, which should reduce the delays that have plagued summary judgment practice. And the requirement that both sides submit proposed orders before the hearing adds a layer of preparation that can sharpen the issues for the court.

  
  

If you have an active Texas civil case or anticipate one, understanding these changes now can make a real difference in how you plan your litigation strategy.

This post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, contact Zeke Moya.