New Texas Summary Judgment Rule: Response Due 21 Days After Filing

Bottom line

If a debt buyer or bank files a motion for summary judgment against you in county or district court, your written response and evidence are now due 21 days after the motion is filed, no matter when the hearing is.

What changed

For summary judgment motions filed on or after March 1, 2026, the nonmovant's response is due 21 days after the motion is filed (absent leave or agreement), the reply 7 days after the response, the hearing or submission may not be set within 35 days of filing and must generally be set within 60 days (90 in limited cases), and the court must rule in writing within 90 days after the hearing or submission.

Citation: Tex. R. Civ. P. 166a (Misc. Docket No. 26-9012); Tex. Gov't Code § 23.303 (added by S.B. 293, 89th Leg., R.S. (2025); amended by H.B. 16, 89th Leg., 2d C.S. (2025))
Court or agency: Supreme Court of Texas
Date: March 1, 2026
Law: Texas law

Summary

In 2025 the Legislature added Government Code § 23.303, requiring district, statutory county, and business courts to hear and rule on summary judgment motions within set times. The Supreme Court of Texas rewrote Rule 166a to implement it, giving final approval on February 27, 2026, effective March 1, 2026. The Court said the rewrite is not meant to change the substantive law apart from the deadlines.

Background

Summary judgment is how many contested debt cases end in county and district court. After the consumer answers, the plaintiff files a motion supported by a business-records affidavit, account statements, and assignment documents, and asks the court to rule without a trial. Under the old version of Rule 166a, the motion had to be filed at least 21 days before the hearing, and the response was due seven days before the hearing. The deadlines floated with the hearing date.

In 2025 the Legislature passed S.B. 293, a judicial-administration bill that added § 23.303 to the Government Code; H.B. 16, passed in the second called session later that year, amended it. As amended, the statute requires district courts, statutory county courts, and the business court to set summary judgment motions for hearing or submission within 60 days after filing (or 90 days if the docket requires, for good cause, or with the movant’s consent), to rule within 90 days after the hearing or submission, and to report compliance.

What changed

The Supreme Court of Texas proposed a rewrite of Rule 166a on December 30, 2025, and gave final approval in Misc. Docket No. 26-9012 on February 27, 2026. The new rule applies only to motions filed on or after March 1, 2026.

Response deadline. Except with leave of court or agreement, the nonmovant must file a response within 21 days after the motion is filed, with any supporting evidence.
Reply. The movant may reply within 7 days after the response, and a reply may not raise new grounds.
Hearing window. A hearing or submission date may not be set within 35 days after filing. It must be set within 60 days, or within 90 days if the docket requires, on good cause, or if the movant agrees.
Ruling deadline. The court must sign and send a written ruling within 90 days after the hearing or submission.
Titles and hearing requests. Motions must be titled as traditional, no-evidence, or combined. A party wanting an oral hearing must say so in the title of its motion or response.
More time for evidence. A nonmovant who needs more time to get evidence must file an affidavit or declaration explaining why. The court may extend the deadline, deny the motion to permit discovery, or enter another order.
Same standards. The comment states that, other than the deadlines, the rewrite “is not intended to substantively change the law.”

Our take

For consumers, the most important change is the response clock. Under the old rule, a defendant could look at the hearing date and count backward. Now the clock starts the day the motion is filed, and the hearing may be weeks after the response is already due. A self-represented defendant who waits for a hearing notice could miss the deadline entirely.

The new rule does keep the substantive protections that matter in debt cases. A plaintiff still must prove each element of its claim, including that it owns the account, and objections to defective affidavits must still be raised. Rule 166a governs county and district courts; justice court debt claim cases follow the Part V rules unless the judge decides otherwise.

What it means if you’re sued in Texas

If you are served with a motion for summary judgment, write down the date it was filed and count 21 days. File a written response with any evidence you have, such as a sworn declaration about limitations, payments, or not recognizing the account, before that date. If you need more time, ask the court in writing before the deadline passes. A free case review is available if a summary judgment motion has been filed against you.

Takeaway

Calendar 21 days from the date a summary judgment motion is filed, not from the hearing notice. Missing that date can mean losing the case on paper without a trial.

Sources

Primary authority

Secondary sources

This summary and analysis are general information, not legal advice. Later decisions, amendments or agency actions may change the law; check the current status before relying on it.

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