United States · Texas pleadings and dispositive motions
What hearing or submission floor applies to a Texas summary judgment motion?
For a motion filed on or after March 1, 2026, Rule 166a(g)(1) bars setting the hearing or submission within thirty-five days after motion filing. The court must set the actual date within the applicable sixty-day or conditional ninety-day timetable. This floor is not a party filing deadline or an automatically scheduled hearing. This guide calculates no earliest permissible date.
- Period
- No hearing or submission setting within thirty-five days after motion filing, with the separate applicable outer timetable
- Trigger
- Actual motion filing and the court’s hearing or submission setting
- Rule
- Texas Rule 166a(c), (g)(1)–(3)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the required act and controlling order
The encoded thirty-five-day preset does not resolve the exclusion boundary, calendar, actual court setting or outer timetable. This guide preserves the rule’s exact constraint without computing a first permissible date.
Texas Rule 166a(c), (g)(1)–(3)What lawyers say
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Which facts and events control this procedure?
Prove actual motion filing and the amended edition’s applicability.
Obtain the court’s hearing or submission setting and clerk notice.
Check the ordinary sixty-day or conditional ninety-day timetable and proposed-order requirement.
Texas Rule 166a(c), (g)(1)–(3)How does the required timing work?
- Prove actual motion filing and the amended edition’s applicability.
- The operative language prohibits a setting within thirty-five days after filing. Do not replace that exclusion wording with a promise that a plus-thirty-five result is the first permissible hearing. Rule 4, the actual court calendar and governing order require assessment. This guide calculates neither the floor boundary nor a court date.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
A hearing floor is not a last-day filing period. Do not silently apply a generic next-open-day deadline rollover to create an actual court setting. Check the exact rule, actual court calendar and setting. This guide applies no automatic boundary adjustment.
Texas Rule 166a(c), (g)(1)–(3)Why is no fixed date calculated?
The encoded thirty-five-day preset does not resolve the exclusion boundary, calendar, actual court setting or outer timetable. This guide preserves the rule’s exact constraint without computing a first permissible date.
Which conditions, exceptions or court directions matter?
- The floor does not establish the full setting window
- Rule 166a(g)(1)(A) supplies the ordinary sixty-day timetable. The ninety-day alternative under (B) requires its stated docket, good-cause or movant-agreement condition. Withdrawal and permitted resetting must be assessed.
- Notice comes from the actual setting
- Under Rule 166a(c), the clerk immediately calls the filed motion to the court’s attention and sends parties notice of the court’s actual submission or hearing date. Filing does not itself notify parties of a calculated future hearing.
- Proposed orders precede the actual hearing or submission
- Rule 166a(g)(3) requires each party’s proposed order before the hearing or submission. Rule (g)(4) bars oral testimony, and (g)(5) requires the actual heard or submitted date in the docket.
- Motion filing selects the amended edition
- The final order makes the rewritten Rule 166a effective March 1, 2026 and applies it only to summary judgment motions filed on or after that date. The date of a later response, reply, hearing or ruling does not move an earlier motion into the rewritten rule. Identify the actual motion filing and applicable edition before using this page. This page does not calculate the former rule’s timetable.
- This guide does not establish the actual pleadings, service, calendar, legal entitlement or terms of a signed order.
- The current consolidation date does not decide historical applicability of an individual amendment.
What must be completed and preserved?
Common questions about this required act
What hearing or submission floor applies to a Texas summary judgment motion?
Does the thirty-five-day preset schedule my hearing?
No. Rule 166a(c) assigns actual setting to the court and notice to the clerk.
Texas Rule 166a(c), (g)(1)Can I assume day thirty-five is the first permitted hearing?
Do not replace the rule’s within-thirty-five-days exclusion wording with that conclusion. This guide calculates no floor boundary or actual court setting.
Texas Rule 166a(g)(1)Must parties submit proposed orders?
Rule 166a(g)(3) requires each party to submit a proposed order before the actual hearing or submission.
Texas Rule 166a(g)(3)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas Rule 166a(c), (g)(1)–(3) | The actual actor, required act and timing conditions |
| Texas Rule 166a(f), (g)(1)–(2) | The floor does not establish the full setting window |
| Texas Rule 166a(c) | Notice comes from the actual setting |
| Texas Rule 166a(g)(3)–(5) | Proposed orders precede the actual hearing or submission |
| Texas Rule 4 | Computation, short periods and closed-day boundaries |
| Texas Rule 21a, 21(f)(5) | Separate service and ordinary electronic filing requirements, where applicable |
| Texas Supreme Court Misc. Docket No. 26-9012, February 27, 2026 | Final Rule 166a amendment and paragraph 3 motion-filing applicability |