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Rule 166a Amendments Implemented

The Texas Legislature and Texas Supreme Court have implemented several new rules. Of most interest to those in civil litigation practice are the amendments to the Rule 166a motions. The amended rule sets forth clear prompt deadlines and places substantial burdens on the clerk and courts to move motions through the court, hold timely hearings, and issue written rulings. The amendments are actually, as noted by the Supreme Court, a complete rewrite of Texas Rules of Civil Procedure Rule 166. It was done pursuant to Act of June 2, 2025, 89^th Leg., R.S., ch. 1130 (S.B. 293) and the Act of August 26, 2025, 89^th Leg., 2d C.S., ch. 7 (H.B. 16). The Supreme Court is currently seeking comments on the rule, and the rule will go into effect on March 1, 2026. The key elements of SB 293, modified by HB 16:

Under the new rule, a party may still file a traditional and no-evidence motion for summary judgment together. If a hearing is requested, the request must appear on the cover of the motion.  A traditional motion must state specific grounds in support of the motion, and a no-evidence motion must state the elements as to which there is no evidence.

 Rule 166a motions under the new rule can be filed once the adverse party has appeared or answered or within the deadlines set by the court.

 Once the motion is filed, the court clerk is mandated to immediately call the motion to the Court’s attention, and once the clerk makes the notification to the Court, the Court is mandated to promptly set the motion for hearing as set forth in the rule.

 The deadline to file a response to a Rule 166a motion is 21 days after the motion is filed or with leave of court. The response must include evidence in support of the response as well as any objections to the movant’s evidence. If the respondent wants a hearing, the respondent must state as much on the cover of the response. If the respondent needs more information to oppose the motion, the respondent must file an affidavit or declaration specifying the reasons why the respondent cannot present essential facts to justify its opposition.  The Court may extend the time to file a response, deny the motion without prejudice to permit additional discovery, or issue any other appropriate order.

 A reply must be filed within 7 days of the response absent leave of court. The reply cannot raise new arguments not previously raised in the motion and/or response.

 A hearing or submission date cannot be set within 35 days after the motion’s filing. Unless the motion is withdrawn, the hearing must be set 60 days after the filing of the original motion or 90 days after the filing of the motion if the court’s docket requires; on a showing of good cause; or if the movant agrees.  The hearing may be reset if it is set within the time frames allowed by the rule. Each party must present a proposed order before the hearing or written submission date. No oral testimony will be received at a hearing. The Court must record in the docket the date the motion is heard or submitted.

 The rule sets forth the separate standards for the Court’s rulings on Traditional or No-Evidence motios at section (h). The Court must submit a written ruling on the motion within 90 days of the submission or hearing date.

 The rule also addresses how discovery not otherwise on file may be used in a motion or response, and detailed requirements for affidavits or declarations that will be used to support or oppose a motion.

 Obviously, this has substantial implications on 166a motion practice in Texas State Courts. The response and reply timelines are similar to federal practice; however, this amendment to the rule is the first of its kind where a judge is mandated to rule within such a short time frame. From a movant’s point of view, this could be beneficial. But from the Court’s point of view, is the shortened time for ruling practical? We are concerned the shortned ruling time could result in the denial of many motions for summary judgment. Additionally, the requirements placed on the clerks to notify the Court of Rule 166a motions creates an administrative burden on the clerks and likely necessitates a change in operation.  Comments should be submitted to rulescomments@txcourts.gov by February 28, 2026.

 To recap:

1. Courts must hear oral arguments or consider the motion without oral argument within 60 days of the filing of the motion or 90 days (If docket requires, movant consents, or for good cause shown).
2. Response due 21 days after MSJ filed
3. Reply due 7 days after response
4. Courts must file with the clerk a written ruling within 90 days after hearing or considering the motion.
5. If no oral argument, Courts must note the date of the consideration in the docket.
6. Clerks must report compliance with the law quarterly (or more frequently).
7. OCA will issue an annual public report each year.

Mary-Ellen King is a partner in the firm's Austin office, representing clients in Texas and nationwide in third-party coverage, first-party property cases, and insurance defense cases. She can be reached at 512-298-1182 or meking@lucbro.com.

Marty Sadler is a partner in the firm's Houston Office, serving clients in Texas and nationwide in third-party coverage and first-party property cases. He can be reached at 512-361-1375 or msadler@lucbro.com.