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ARTICLE · 25 FEBRUARY 2026

Summary Judgments In Texas Are About To Be Re-Written

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The Texas Supreme Court may be re-writing summary judgments in Texas.

United StatesLitigation, Mediation & Arbitration
Amy Anderson
Amy Anderson

The Texas Supreme Court may be re-writing summary judgments in Texas. The Texas Supreme Court has issued an Order requesting public comment by the end of February 2026 on rules that may go into effect on March 1, 2026. These rules, when effective, will entirely change the way parties proceed with summary judgments in Texas.

As it stands in February 2026, summary judgments in Texas differ in substantial ways from those filed under Rule 56 in federal court.

Under Texas Rule of Civil Procedure 166a, responses are currently due 21 days before a hearing or submission date. If these new rules go into effect in March 2026, responses will be due 21 days after a motion is filed and a hearing will follow shortly thereafter. The hearing or submission must be no more than 60 days after the motion is filed.

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