Insights from JMW Paralegal Services, LLC

Update to Texas Rules of Civil Procedure regarding Motions for Summary Judgment

 

During the 2025 Texas Legislative Session, members voted to pass Senate Bill 293 and House Bill 16 that mandated a revision to Texas Rules of Civil Procedure 166a, the rule governing motions for summary judgment. Before the change, if a motion for summary judgment was filed in a case, the party filing the motion would have to give the opposing side at least 21 days notice of the hearing set to hear the motion. Effective March 1, 2026, respondents now have 21 days from the date of service in which to file their response. Additionally, the court cannot set the motion for hearing within 35 days after filing. Then, the court must set the motion for hearing or submission 60 days after the filing of the motion, or 90 days after the filing (a) if the court's docket so requires, (b) on a showing of good cause, or (c) if the movant agrees. Tex. R. Civ. P. 166a(g). This will require paralegals to be diligent with calendaring response deadlines for their attorneys and ensure they have all the materials needed to present their response. After the hearing or submission, the court will have 90 days to issue their ruling and notify the parties. Tex. R. Civ. P. 166a(i).

 

A few other changes included in the revision: The motion must be titled “Traditional,” “No-Evidence,” or “Combined Motion for Traditional and No-Evidence Summary Judgment;” if a party desires an oral hearing, the request must be included in the title; both parties must submit proposed orders before the hearing or submission date; the reply may not raise new or independent summary judgment grounds; and any withdrawal of the motion must be formally filed and must identify the original filing date of the motion. Also, clerks are required to report quarterly to the Office of Court Administration, who will  publish an annual public report for compliance purposes. Finally, legal standards for granting or denying remain unchanged: no genuine issue of material fact; movant entitled to judgment as matter of law.

 

Before this change, motions for summary judgment could sit on a court's docket for months, severely curtailing resolving a case. This rule change is designed to assist both the parties and the courts to more effortlessly bring cases to a resolution. (See https://versustexas.com/blog/motion-for-summary-judgment-rule-changes/).