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Mechanism 57

The summary judgment deadlines after March 1, 2026

What are the deadlines for a summary judgment motion and response in Texas?

For a motion filed on or after March 1, 2026, the response is due twenty-one days after the motion is filed. No hearing or submission may be set within thirty-five days of filing, and the court must set the motion within sixty days, or ninety for good cause or by agreement. A late response needs leave of court or the other side's agreement.

By John P. Henry · Tex. R. Civ. P. 166a(c), (d), effective March 1, 2026 · Reviewed 2026-11-10

The authority

Unless a deadline for filing is set by court order, a party may file a traditional motion at any time after the nonmovant has appeared or answered.Tex. R. Civ. P. 166a(b)(3)(A), effective March 1, 2026

Tex. R. Civ. P. 166a(c), (d), effective March 1, 2026

When it applies

Anyone who has just been served with a summary judgment motion, or who is counting down to a hearing, and needs to know which rule applies. The answer turns on when the motion was filed: the former rule counted backward from the hearing, and the current rule counts forward from the filing.

How it is proved up

  1. Find the filing date of the motion first. Filed on or after March 1, 2026, the current rule governs; filed before it, the former rule's hearing-based deadlines do.
  2. Calendar the response for twenty-one days after the filing, whatever date the hearing is eventually set for.
  3. Under the former rule, the motion had to be served at least twenty-one days before the hearing and the response was due seven days before it.
  4. If discovery is not done, file the declaration Rule 166a(d)(3) calls for before the response is due, saying what facts cannot yet be presented and why. The court can extend the deadline or deny the motion without prejudice.
  5. If the deadline has passed, ask the other side to agree in writing to a late response and, failing that, move for leave at once, with the response attached.

What defeats it

Where I have used it

Summary judgment motions filed and defeated in Williamson, Travis, Galveston and DeWitt County district courts and county courts at law, under both versions of the rule.

Questions

How long do I have to respond to a summary judgment motion in Texas?

For a motion filed on or after March 1, 2026, twenty-one days after the motion was filed. For a motion filed before that date, the former rule applies and the response was due seven days before the hearing.

How soon can a Texas summary judgment motion be heard?

Under the current rule, not within thirty-five days after the motion is filed. The court must set it within sixty days of filing, or ninety if its docket requires, on a showing of good cause, or if the movant agrees.

Can I file a summary judgment response late in Texas?

Only with leave of court or the agreement of the parties. Ask for the agreement in writing, and if it is refused, move for leave immediately with the response attached.

Who sets the hearing on a summary judgment motion now?

Under the current Rule 166a(c), the clerk must bring the motion to the court's attention when it is filed and the court must set it. Under the former rule the movant obtained the setting.

Send a file

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Step 2 — conflicts. One name, before anything is read.
Step 3 — how to reach you

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