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Perspectives

| 1 minute read

March Madness, Meet Motion Practice: Texas Adds a Summary Judgment Shot Clock

Just in time for March Madness, Texas has put summary judgment on a shot clock.

Effective March 1, 2026 (for motions filed on or after that date), the amended Texas Rule of Civil Procedure 166a replaces a hearing-driven rhythm with a schedule keyed to the motion’s filing date. In practical terms, the process should feel less like an unpredictable fast (or slow?) break and more like a disciplined half-court set: Everyone knows when the next pass is coming, and when the horn will sound.

Efficiency: Predictable possessions, fewer last-second heaves

The new rule sets a clear briefing “playbook” that starts at filing:

  • Response: Due 21 days after the motion is filed
  • Reply: Due 7 days after the response is filed
  • Extensions: Allowed by agreement or leave of court

This shift matters because it reduces the old pattern of deadline chaos tied to an often-uncertain hearing or submission date — in turn, producing a rush of filings right before the argument and shrinking the court’s time to digest the motion papers. With predictable filing-keyed deadlines, companies can budget and assess exposure earlier while giving the court a fair opportunity to carefully review the record and law.

Accountability: The rules apply to the refs too

For the first time, Texas courts face firm deadlines not only to hear summary-judgment motions but also to decide them.

  • The court can’t set a hearing or submission date within 35 days of filing.
  • The court must set the motion for hearing or submission within 60 days of filing (or within 90 days if the docket requires it, good cause exists, or the movant agrees).
  • The court must sign a written ruling within 90 days after the hearing or submission.

That final requirement makes the shot clock real. It creates a clear expectation for when a ruling will be issued, rather than letting motions linger into overtime, creating commercial uncertainty.

Game recap

The substantive summary-judgment standard isn’t the story — the tempo is. Texas has moved summary judgment from a loose pickup game to an organized tournament: clearer clocks, cleaner possessions, and, perhaps above all, no overtime surprises.

Rule 166a is rewritten to implement section 23.303 of the Texas Government Code and to modernize the rule. Other than the deadline changes, Rule 166a’s rewrite is not intended to substantively change the law.