Texas Motion for Summary Judgment
Texas now runs the summary judgment clock forward from the date the motion is filed: a 21-day response, a 7-day reply, and a hearing or submission set 35 to 90 calendar days later, under Rule 166a as completely rewritten effective March 1, 2026.
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Introduction
Effective March 1, 2026, Texas Rule of Civil Procedure 166a was completely rewritten by Texas Supreme Court order to implement Texas Government Code section 23.303, and the entire summary judgment clock now runs forward from the date the motion is filed rather than backward from a hearing date. Once a traditional or no evidence motion for summary judgment is filed, except on leave of court or agreement of the parties, the nonmovant (the party who received the motion) must file a response within 21 calendar days after the motion is filed, and the movant may file a reply within 7 calendar days after the response is filed (Tex. R. Civ. P. 166a(d)(1), (e)(1)). The court must set a hearing or non-oral submission no earlier than 35 calendar days after filing and generally within 60 calendar days after filing, extendable to 90 calendar days for docket load, good cause, or the movant's agreement (Tex. R. Civ. P. 166a(g)(1)), and once that hearing or submission occurs the court must rule within 90 calendar days (Tex. R. Civ. P. 166a(i)). Rule 166a sets no statewide filing cutoff tied to the trial date; any such cutoff comes from an individual court's own scheduling order. The traditional motion standard is unchanged in substance: 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 (Tex. R. Civ. P. 166a(h)(2)). A no evidence motion, filed after adequate time for discovery, is granted unless the respondent produces summary judgment evidence raising a genuine issue of material fact on the challenged element (Tex. R. Civ. P. 166a(h)(3)). Motions filed before March 1, 2026 are still decided under the prior version of the rule. Required papers include the motion itself, titled as a traditional, no evidence, or combined motion, the grounds and any supporting evidence, and a proposed order from each party filed before the hearing or submission date (Tex. R. Civ. P. 166a(b)(2), (g)(3)). Texas has no mandatory two-column separate statement of undisputed facts like some states require; the motion states its grounds and produces, or specifically references, its evidence in the court's file (Tex. R. Civ. P. 166a(j)). A single motion may seek judgment on some but not all claims or defenses, and the court may narrow what remains for trial even when it does not grant full relief (Tex. R. Civ. P. 166a(h)(4)). Both the mover and the respondent need to track these deadlines: a respondent who misses the 21-day window, absent leave of court or agreement of the parties, risks having the motion considered without any opposing evidence. A traditional motion is granted only if the movant shows there is no genuine issue as to any material fact and it is entitled to judgment as a matter of law (Tex. R. Civ. P. 166a(h)(2)), while a no evidence motion is granted unless the respondent produces evidence raising a genuine issue of material fact (Tex. R. Civ. P. 166a(h)(3)). Summary judgment practice is technical and is frequently lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in a Texas state trial court under Rule 166a. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than Rule 166a.
Key Things to Know
- 1
The clock now runs forward from filing, not backward from a hearing: except on leave of court or agreement of the parties, the nonmovant must respond within 21 calendar days after the motion for summary judgment is filed and the movant may reply within 7 calendar days after the response is filed, and the court must set a hearing or submission 35 to 90 calendar days after filing, all under Rule 166a as rewritten effective March 1, 2026 (Tex. R. Civ. P. 166a(d)(1), (e)(1), (g)(1)).
- 2
If you are the respondent, your response must include any evidence supporting your position and any objections to the movant's evidence, filed within the 21-calendar-day window unless the court grants leave or the parties agree otherwise; if you need more time to gather evidence, you must file an affidavit or declaration explaining why, so the court can extend the deadline, deny the motion without prejudice, or issue another order (Tex. R. Civ. P. 166a(d)(2)-(3)).
- 3
Whether an unopposed motion is granted depends on its type. A traditional motion is granted only if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law (Tex. R. Civ. P. 166a(h)(2)). A no evidence motion is granted unless the respondent produces evidence raising a genuine issue of material fact (Tex. R. Civ. P. 166a(h)(3)).
- 4
Rule 166a was completely rewritten by Texas Supreme Court order effective March 1, 2026, implementing Texas Government Code section 23.303. Motions filed before that date are still decided under the prior version of the rule.
- 5
A traditional motion must state specific grounds and produce or specifically reference supporting evidence; a no evidence motion, available only after adequate time for discovery, identifies the specific elements on which there is no evidence and shifts the burden to the respondent to raise a fact issue (Tex. R. Civ. P. 166a(b)(2), (h)(3)).
- 6
Texas has no mandatory separate statement of undisputed material facts like some states require. Instead, the motion itself must state its grounds and produce, or specifically reference, its evidence in the court's file (Tex. R. Civ. P. 166a(j)).
- 7
Each party must file a proposed order before the hearing or submission date, and the court must rule within 90 calendar days after the hearing or submission (Tex. R. Civ. P. 166a(g)(3), (i)). This page covers a motion for summary judgment only, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows a different rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Texas, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Texas Requirements for Motion for Summary Judgment
21-Calendar-Day Response Deadline Runs Forward From Filing
Except on leave of court or agreement of the parties, the nonmovant must file a response within 21 calendar days after the motion for summary judgment is filed, with the clock running forward from filing rather than backward from a hearing date (Tex. R. Civ. P. 166a(d)(1)).
7-Calendar-Day Reply Deadline
Except on leave of court or agreement of the parties, the movant may file a reply within 7 calendar days after the response is filed. A reply may not raise new or independent grounds, except to address a new or amended pleading that raises a claim or defense sharing an element already negated in the motion (Tex. R. Civ. P. 166a(e)(1)-(2)).
Hearing or Submission Set 35 to 90 Calendar Days After Filing
A hearing or non-oral submission may not be set earlier than 35 calendar days after filing and must generally be set within 60 calendar days after filing, extendable to 90 calendar days for docket load, good cause, or the movant's agreement (Tex. R. Civ. P. 166a(g)(1)).
Written Ruling Required Within 90 Calendar Days of Hearing
The court must issue a written ruling not later than 90 calendar days after the date the motion was heard or considered (Tex. R. Civ. P. 166a(i)).
No Separate Statement of Undisputed Facts Required
Texas has no mandatory separate statement of undisputed material facts. The motion itself must state its grounds and produce, or specifically reference, its supporting evidence in the court's file (Tex. R. Civ. P. 166a(j)).
Motion Must Be Titled Traditional, No-Evidence, or Combined
The motion must be titled a Traditional Motion for Summary Judgment, a No-Evidence Motion for Summary Judgment, or a Combined Motion for Traditional and No-Evidence Summary Judgment, though a wrong or missing title is not itself grounds for denial (Tex. R. Civ. P. 166a(b)(2)(A)).
Proposed Order Filed Before Hearing or Submission
Each party must submit a proposed order to the court before the hearing or submission date (Tex. R. Civ. P. 166a(g)(3)).
No-Evidence Motion Shifts Burden After Adequate Discovery
A no-evidence motion, available only after adequate time for discovery, identifies specific elements on which there is no evidence and is granted unless the respondent produces evidence raising a genuine issue of material fact on the challenged element (Tex. R. Civ. P. 166a(h)(3)).
Motions Filed Before March 1, 2026 Follow the Prior Rule
Rule 166a was completely rewritten by Texas Supreme Court order effective March 1, 2026. The amendments apply only to a motion for summary judgment filed on or after that date; earlier motions are decided under the prior version of the rule.