Texas Moves Closer to Federal Standard on Summary Judgment

In 2026, Texas implemented significant changes to its summary judgment procedures, most notably by imposing strict deadlines for scheduling hearings and issuing rulings on summary judgment motions, as well as introducing new reporting requirements for courts. Additionally, the Texas Supreme Court has further revised Rule 166a of the Texas Rules of Civil Procedure, with a complete rewrite to take effect on March 1, 2026, altering response deadlines and procedural mechanics.

Legislative Changes: Texas Government Code § 23.303

The most significant statutory development affecting summary judgment practice in Texas for 2026 is the amendment to Section 23.303 of the Texas Government Code, effective December 4, 2025. This provision applies to business courts, district courts, and statutory county courts, and establishes mandatory timelines and procedural requirements for handling motions for summary judgment.

Under the amended statute, courts must set a hearing—either by oral argument or submission—on a summary judgment motion no later than 60 days after the motion is filed. However, the statute allows for an extension to 90 days after filing in three specific circumstances: if the court’s docket necessitates a later hearing, upon a showing of good cause, or with the movant’s consent. Once the motion is heard or considered, the court is required to issue a written ruling and file it with the clerk, providing copies to the parties, within 90 days of the hearing or consideration date. The date of the hearing or consideration must be recorded in the docket.

Importantly, these requirements do not apply to motions for summary judgment that are withdrawn. To ensure compliance and transparency, court clerks must report adherence to these deadlines to the Office of Court Administration (OCA) at least quarterly, and the OCA must prepare and publish an annual report on statewide compliance. These changes are codified in Tex. Gov’t. Code § 23.303.

Rule Changes: Texas Rule of Civil Procedure 166a

In addition to the statutory amendments, the Texas Supreme Court has adopted a comprehensive rewrite of Rule 166a of the Texas Rules of Civil Procedure, which governs summary judgment practice in Texas courts. The changes fundamentally alter the timing and mechanics of summary judgment practice. Most notably, the new rule requires non-movants to file their responses within 21 days after the motion is filed, rather than 21 days before the hearing or submission date as previously required. The hearing or submission on the motion must occur no later than 60 days after the motion is filed, further expediting the process. The proposed rule also clarifies procedures for combined traditional and no-evidence motions and provides more detailed definitions of each type of motion.