A case can be disposed of prior to trial when there is no evidence for the claims alleged or when there is no issue of material fact, and the movant is entitled to judgment as a matter of law. When a case is disposed of for either of those reasons, it is called a summary judgment. Governed by TRCP 166a, the rules explicitly recognize three structural formats for these motions: a Traditional Motion for Summary Judgment, a No-Evidence Motion for Summary Judgment, or a Combined Motion for Traditional and No-Evidence Summary Judgment. Tex. R. Civ. P. 166a.
According to the Texas Supreme Court, a summary judgment is appropriate if reasonable people agree with the conclusion based on the evidence of the case. The court also advised appellate courts not to “disregard the evidence supporting the motion,” adding that “although a reviewing court must consider all the summary judgment evidence on file, in some cases that review will effectively be restricted to the evidence contrary to the motion.” City of Keller v. Wilson, 168 S.W.3d 816, 824-825 (Tex. 2005). While the 2026 amendments radically altered the procedural timeline, the underlying substantive legal standards for granting or denying summary judgment remain unchanged.
Summary Judgment Motion
Because a summary judgment is essentially a trial on paper, what is written and how it is written is crucial to its success. Summary judgments are more likely to win if they tell a compelling, persuasive story and include a clear analysis of the facts supporting that story. Michele L. Maryott, The Trial on Paper: Key Considerations for Determining Whether to File a Summary Judgment Motion, 35 LITIG. 36, 39 (2009).
In addition to good, evidence-based storytelling, formatting rules are strict. The motion must be explicitly titled as one of the following three options:
- “Traditional Motion for Summary Judgment”
- “No-Evidence Motion for Summary Judgment”
- “Combined Motion for Traditional and No-Evidence Summary Judgment”
Furthermore, if a party wants to request an oral hearing, that request must appear on the cover page of the motion or response, rather than buried within the text. Finally, under the modern rules, both the movant and the non-movant are required to submit a proposed order to the court before the hearing or written submission date.
The title and introduction should be followed by the legal and factual grounds for each claim in the case. The motion must also include arguments and authorities to support each claim, alongside sufficient supporting evidence. Tex. R. Civ. P. 166a.
Timeframe
Under the current framework, all briefing and scheduling deadlines look forward from the day the motion is filed, eliminating the historical practice of calculating deadlines backward from a scheduled hearing.
- The Response: The non-movant’s response is strictly due within 21 days after the motion is filed, regardless of whether a hearing has been scheduled. If a non-movant needs more time to secure essential evidence, they must formally file an affidavit or declaration detailing why they cannot yet present those facts.
- The Reply: The movant has a right to file a reply brief, which is due within 7 days after the response is filed. Crucially, the rule explicitly prohibits the movant from raising new or independent summary judgment grounds in this reply.
- The Hearing/Submission Window: The court cannot hold an oral hearing or written submission earlier than 35 days after the motion is filed. However, the court is required to set a date within 60 days of the filing (which can be extended to 90 days only for docket necessity, good cause, or by agreement).
A no-evidence motion may still only be filed after an "adequate time for discovery" has passed. Tex. R. Civ. P. 166a.
Rulings and Judgments
Once the hearing has occurred or written submissions are made, the court will rule on the motion. To prevent cases from lingering indefinitely, the rule imposes a strict clock on the judiciary: the court must sign and file a written ruling within 90 days of the hearing or submission date.
Note on Finality: Filing an appeal is not possible without the judge’s order constituting a final judgment. The Texas Supreme Court suggests language which, while not mandatory, clarifies whether or not a judgment is final and can therefore be appealed by a litigant: “This Judgment finally disposes of all parties and all claims and is appealable.” In re Daredia, 317 S.W.3d 247, 248 (Tex. 2010) (per curiam) (quoting Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001)).
Filing a summary judgment is a highly complex, strictly regimented undertaking. Hiring a lawyer who is thoroughly knowledgeable about the nuances of summary judgments, as well as the modern procedural mechanics of TRCP 166a, can help a litigant navigate these fast-moving deadlines and avoid severe procedural pitfalls.
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