United States · Texas pleadings and dispositive motions

When is a Texas summary judgment movant’s reply due under the 2026 rule?

For a summary judgment motion filed on or after March 1, 2026, the movant may file a reply. An elected reply ordinarily must be filed within seven days after the response is filed, except on court leave or party agreement. The reply cannot raise new or independent summary judgment grounds. This calculator covers the ordinary amended-rule reply period.

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Period: Seven calendar days after response filing, except on court leave or party agreement
Trigger: Actual filing of the response to a summary judgment motion governed by the amended rule
Rule: Texas Rule 166a(e)(1)–(2)

Texas Rules of Civil Procedure

Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions

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Summary judgment response filed

Use actual response filing. Confirm the underlying motion was filed on or after March 1, 2026 and no different leave or agreement applies.

Entry rules and timing exceptions

7 days from Date the response is filed

TRCP 166a(e)(1)Binding

Rule notes

A reply must not raise new or independent summary judgment grounds (TRCP 166a(e)(2)). Verified against Supreme Court of Texas Misc. Docket No. 26-9012 (February 27, 2026), Final Approval of Amendments to Rule 166a, made under S.B. 293 (89th Leg., R.S.) and H.B. 16 (89th Leg., 2d C.S.). By paragraph 3 of that order the rewritten rule applies ONLY to a motion for summary judgment filed on or after March 1, 2026; a motion filed earlier is governed by the former rule, under which the response was due not later than seven days before the hearing.

Calculation software, not legal advice. Check the current rule, orders and facts.

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Which facts and events control this procedure?

Confirm the underlying motion’s actual filing on or after March 1, 2026.

Identify when the nonmovant’s response was actually filed, rather than served or read.

Decide whether a reply will be filed and check actual leave or agreement.

Texas Rule 166a(e)(1)–(2)

How does the required timing work?

Confirm the underlying motion’s actual filing on or after March 1, 2026.
Identify when the nonmovant’s response was actually filed, rather than served or read.
Decide whether a reply will be filed and check actual leave or agreement.
Exclude response filing and add seven calendar days under Rule 4. Seven exceeds five, so intermediate Saturdays, Sundays and legal holidays count. Check the final day separately.
Check the final day and complete the actual filing and required service.

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.

Use actual response filing. Confirm the underlying motion was filed on or after March 1, 2026 and no different leave or agreement applies.

Texas Rule 166a(e)(1)–(2)

How does the independent example work?

Fictitious example

Fictitious facts. Actual filing of the response to a summary judgment motion governed by the amended rule occurred August 25, 2027. The stated ordinary branch applies with no different leave, agreement, service addition or controlling order.

Example counting steps
Step	What is counted	Date
Actual event	Actual filing of the response to a summary judgment motion governed by the amended rule	August 25, 2027
Ordinary period	Exclude the event and add 7 calendar days	Wednesday, September 1, 2027

Example resultWednesday, September 1, 2027

Fictitious facts and the stated ordinary branch only. Actual motion edition, service, orders, case classification and court holidays require separate checking.

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Which conditions, exceptions or court directions matter?

Reply is optional: Rule 166a(e)(1) says the movant may reply. It imposes timing on a reply the movant chooses to file and does not require every movant to submit one.
Leave and agreement: Court leave or party agreement may change the ordinary reply period. Preserve the actual permission; filing a request does not itself establish an extension.
No new independent grounds: Rule 166a(e)(2) bars new or independent summary judgment grounds. It permits addressing a new or amended pleading after the motion where an initially asserted ground negates an element common to the new claim or defense. That limited branch does not authorize replacing the motion with new grounds in reply.
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.

Texas Rule 166a(e)(1)–(2)

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?

Confirm the underlying motion’s actual filing on or after March 1, 2026.
Identify when the nonmovant’s response was actually filed, rather than served or read.
Decide whether a reply will be filed and check actual leave or agreement.
Rule 166a(e)(1) says the movant may reply. It imposes timing on a reply the movant chooses to file and does not require every movant to submit one.
Court leave or party agreement may change the ordinary reply period. Preserve the actual permission; filing a request does not itself establish an extension.
Rule 166a(e)(2) bars new or independent summary judgment grounds. It permits addressing a new or amended pleading after the motion where an initially asserted ground negates an element common to the new claim or defense. That limited branch does not authorize replacing the motion with new grounds in reply.
If filing a reply, address the response within Rule 166a(e)(2)’s permitted grounds. Do not introduce new or independent summary judgment grounds. File the actual required document with the clerk and complete the separately required service under Rule 21a. Rule 21(f)(5) ordinarily requires electronic filing before midnight in the court’s time zone. Preserve transmission to the electronic filing service provider, the filing receipt, service evidence and any specific order. A calculation does not prove legal sufficiency or grant relief.

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