United States · Texas pleadings and dispositive motions
When can the Texas summary judgment court timetable use ninety days?
Rule 166a(g)(1)(B) permits the ninety-day hearing or submission timetable if the court’s docket requires it, good cause is shown or the movant agrees. Otherwise the ordinary sixty-day timetable applies. The thirty-five-day exclusion interval remains separate. Ninety days runs from motion filing, not from a later request or consent. This guide calculates no date.
- Period
- Ninety days after motion filing only under one of the three listed conditions
- Trigger
- Actual motion filing and the established docket, good-cause or movant-agreement condition
- Rule
- Texas Rule 166a(g)(1)(B), (2)
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
A conditional court timetable cannot be selected from motion filing alone or treated as universally available.
Texas Rule 166a(g)(1)(B), (2)What lawyers say
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Which facts and events control this procedure?
Obtain the actual motion filing and applicable amended edition.
Identify the docket requirement, showing of good cause or movant’s agreement supporting the alternative.
Preserve the actual setting, minimum floor, clerk notice and any permitted reset.
Texas Rule 166a(g)(1)(B), (2)How does the required timing work?
- Obtain the actual motion filing and applicable amended edition.
- Assess the stated condition, then the ninety-day timetable after motion filing. Do not count ninety days from the agreement, a continuance request or the original hearing setting. The separate thirty-five-day no-setting floor still requires checking.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
Rule 4 excludes the actual event and counts intermediate calendar days for these periods longer than five days. A final Saturday, Sunday or legal holiday moves to the next eligible day. Establish the legally relevant holidays and actual court calendar. A nominal period does not complete a party filing or a court act.
Texas Rule 166a(g)(1)(B), (2)Why is no fixed date calculated?
A conditional court timetable cannot be selected from motion filing alone or treated as universally available.
Which conditions, exceptions or court directions matter?
- Three alternative conditions
- Rule 166a(g)(1)(B) identifies docket necessity, a showing of good cause or movant agreement. It does not identify the nonmovant’s agreement alone as the third condition.
- The default remains sixty days
- The ordinary Rule 166a(g)(1)(A) timetable governs unless the ninety-day alternative is supported. Neither choice removes the thirty-five-day exclusion interval.
- Actual reset remains bounded
- Rule 166a(g)(2) permits resetting within the specified time frames. The reset is not a new motion filing and does not automatically restart the outer timetable.
- 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
When can the Texas summary judgment court timetable use ninety days?
Does only the nonmovant’s consent satisfy the agreement branch?
The text identifies agreement by the movant. Assess the actual docket or good-cause branches separately.
Texas Rule 166a(g)(1)(B)Do ninety days run from the continuance request?
The text measures the alternative after motion filing, not the later request or agreement.
Texas Rule 166a(g)(1)(B)Does the alternative remove the hearing floor?
No. The thirty-five-day no-setting constraint is part of Rule 166a(g)(1) alongside the ordinary and alternative outer timetables.
Texas Rule 166a(g)(1)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas Rule 166a(g)(1)(B), (2) | The actual actor, required act and timing conditions |
| Texas Rule 166a(g)(1)(B)(i)–(iii) | Three alternative conditions |
| Texas Rule 166a(g)(1)(A)–(B) | The default remains sixty days |
| Texas Rule 166a(g)(2) | Actual reset remains bounded |
| 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 |