What Texas Attorneys Need to Know About the New Rule 166a Changes

On March 1, 2026, an update to Texas litigation procedure went into effect. Rule 166a of the Texas Rules of Civil Procedure, which governs summary judgment Texas practice, was completely rewritten under Misc. Docket No. 25-9106. Final approval was issued February 27, 2026 in Misc. Docket No. 26-9012.

The changes introduce clearer procedures and stricter timelines that will directly affect Texas attorneys and their staff.

Key Timeline Changes in Summary Judgment Texas Practice

One of the most important updates involves response deadlines. Responses were previously tied to the hearing date, but under the new rule, responses are now due 21 days after the motion is filed. (TXdocs’ Deadlines Calculator can assist with this calculation). Replies must now be filed within 7 days after the response. Courts now have stricter deadlines.

Traditional vs No-Evidence Summary Judgment

The revised rule also clarifies the distinction between traditional vs no-evidence motions for summary judgment, requiring documents to reflect that distinction.

Updated Forms for Rule 166a

Because the rule has changed significantly, attorneys should review their forms for summary judgment Texas filings.

The TXdocs Family Law and Civil Litigation libraries include updated forms such as:

• Traditional Motions for Summary Judgment
  
  
• Responses to Traditional Motions for Summary Judgment
  
  
• Proposed Orders on Traditional Motions for Summary Judgment
  
  
• No Evidence Motion for Summary Judgment
  
  
• Proposed Orders on No Evidence Motions
  
  
• Withdrawals of Motion for Summary Judgment

Stay Up to Date

Procedural rules change, and legal forms must keep up. TXdocs continuously updates its libraries to reflect important rule revisions. Start a free trial of TXdocs to access updated summary judgment Texas forms and stay current on the rules shaping Texas litigation.

TXdocs has updated forms reflecting non-material changes:

• Misc. Docket No. 26-9012, including further amendments to the 166a language and numbering of the rules

New Affidavits in Support of Motion for MSJ