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The Texas Supreme Court may be re-writing summary judgments in Texas. The Texas Supreme Court has issued an Order requesting public comment by the end of February 2026 on rules that may go into effect on March 1, 2026. These rules, when effective, will entirely change the way parties proceed with summary judgments in Texas.
As it stands in February 2026, summary judgments in Texas differ in substantial ways from those filed under Rule 56 in federal court.
Under Texas Rule of Civil Procedure 166a, responses are currently due 21 days before a hearing or submission date. If these new rules go into effect in March 2026, responses will be due 21 days after a motion is filed and a hearing will follow shortly thereafter. The hearing or submission must be no more than 60 days after the motion is filed.
In certain circumstances (including if the court's docket "so requires"), the hearing may be 90 days after the motion is filed. There are also deadlines on a ruling from the Court — it must rule within 90 days after the oral hearing or submission. Notably, the court must also "docket the date the motion was heard or submitted."
All litigators in Texas should be watching the rule amendments closely.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
