In 2025, the Texas Legislature made sweeping changes to state court summary judgment practice which, for generations, was governed by the date of the hearing. Twenty-one days’ notice was required before setting a hearing on the motion. The deadline for the response was seven days before the hearing. The rules contained no specific deadline for replies (which are often unnecessary).
New Law: TX Gov. Code § 23.303
The Texas Government Code was changed twice in the 2025 legislative session. First, in Senate Bill 293, which provided the first raise of the base judicial salary in Texas in 12 years, along with many provisions far less favorable to the judiciary. Second, in House Bill 16, the Omnibus Courts Bill passed in the second special session.
Section 23.303 of the Texas Government Code now requires that a district court, business court, or statutory county court consider, by oral hearing or submission, a motion for summary judgment within 60 days of the motion being filed–or 90 days with good cause, agreement of movant, or if the court’s docket requires. After consideration of the motion, the judge has 90 days to issue a written ruling, file the order with the clerk, and provide it to the parties.
New Rule TRCP 166a
The Supreme Court of Texas recently adopted Texas Rule of Civil Procedure (TRCP) 166a to codify the statutory changes and give litigants deadlines governing summary judgments. These new deadlines run from the date of filing, not the date of hearing. Deadlines for litigants are in the new rule, but the court’s deadlines are in the statute. You will soon learn that the court’s statutory deadlines constrain a litigant’s ability to control when their motion is decided by hearing or submission.
The new TRCP 166a went into effect on March 1, 2026, for all motions filed on or after that date. Key deadlines are:
• Response to the motion is due on the 21st day after filing. Exceptions: leave of court or agreement of parties.
• Hearing or submission must not be set within 35 days after the motion is filed.
• Reply must be filed within seven days after the response. Reply isn’t required.
Practice Tips: When to File Your MSJ?
Given the requirements of Tex. Gov. Code § 23.303, courts cannot be flexible about your motion. Therefore, DO NOT file your motion before you are ready for it to be heard. Statutory deadlines start to run for the judge the moment the motion is filed; don’t file your motion too early. But don’t file your motion too late. If your trial setting is around the corner, it’s probably too late. The judge has 90 days to decide your motion. So, if a judge is hearing your motion and your trial date is just a few weeks out, you may or may not get a ruling on it before that trial.
Please understand your case is not the only one on the judge’s “under advisement” list. Judges have very full caseloads, and the new law and rule did not create more hours in the day. We continue to see far too many dispositive motions filed or set for a hearing on the eve of trial. Lawyers need to rethink the timing of when– and if–these motions get filed.
Hearing or Submission?
In Travis County, the general rule is that MSJs will be decided by oral hearing. Travis County has a new standing order for MSJs, which went into effect on June 1, 2026. Under that standing order, the day you file your MSJ determines the setting for your hearing. Attorneys may not set any MSJ for hearing anymore; it is done automatically, and the clerk issues notice, according to the law. Please carefully review the standing order before filing your MSJ; once you file it, you cannot change the setting. If your MSJ is in a case retained by one judge under Local Rules 2.6 or 10.2, you must get permission from your judge before you file the MSJ to ensure that the judge can hear it in within the statutory timeframe.
Travis County also has a standing order for submission procedures in civil and family cases – for agreed matters. Under current rules, you may not set your MSJ for submission without judge approval. You could ask, but this request will be declined in the absence of a detailed explanation; even then, there’s no guarantee.
State judges are used to oral arguments on summary judgment motions, but every judge has different thoughts on how to handle these motions. Expect numerous approaches across the state. The “submission” piece of the new law is a failsafe, giving the judge the ability to determine the motion without a hearing if necessary. Whether a judge decides your motion after an oral hearing or by submission is the judge’s choice. In some jurisdictions or courtrooms, you may find that the judge prefers or requires these motions to be heard by submission.
Reschedule Your Hearing? Withdraw Your Motion?
In Travis County, court administration will not allow you to pass or reschedule your hearing given the new deadlines. The only viable option is to file a notice of withdrawal of your motion for summary judgment. It can always be refiled later. However, filing, withdrawing, and filing the same motion will not go unnoticed by the courts. You will want to choose your filing date carefully.
If you have settled your case, notify the judge who heard the motion – or, if it hasn’t been heard yet, the court where the motion is filed. If you can get the dismissal documents filed quickly, that may be sufficient. If it will require some time, you may need to file a notice of withdrawal of the summary judgment. The court cannot let the statutory deadlines pass without ruling on the motion, or face being reported by the district clerk to the Office of Court Administration (OCA) for noncompliance with the new law.
What About My Extension?
Lawyers keep asking questions about time extensions, e.g., for more time to respond to the motion or conduct discovery. The statute says the court “shall” set the motion for a hearing by oral argument or submission no later than the 60th day after the motion was filed – or, in certain situations, no later than the 90th day after the motion was filed. Therefore, there are no extensions for MSJs.
It feels overwhelming, but the Travis County district judges have worked hard to develop this new standing order to make the process as easy as possible. If your case is filed in the 98th or 250th District Courts, you will need to reach out to them directly to have your MSJ heard or considered.
