United States · Texas pleadings and dispositive motions

When is a Texas summary judgment response due under the 2026 rule?

For a summary judgment motion filed on or after March 1, 2026, the nonmovant ordinarily must file its response within twenty-one days after the motion is filed. Court leave or party agreement can change the period. The trigger is motion filing, not service or the hearing date. This calculator covers the ordinary amended-rule branch without different leave or agreement.

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Period: Twenty-one calendar days after the motion is filed, except on court leave or party agreement
Trigger: Filing of the summary judgment motion governed by the amended Rule 166a
Rule: Texas Rule 166a(d)(1)–(3)

Texas Rules of Civil Procedure

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

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Summary judgment motion filed

Use actual motion filing on or after March 1, 2026. A service or hearing date is not the amended response trigger.

Entry rules and timing exceptions

21 days from Date the motion for summary judgment is filed

TRCP 166a(d)(1)Binding

Rule notes

Rewritten effective March 1, 2026. Under the pre-2026 rule the trigger was the hearing date (response due not later than seven days before the hearing, with 21 days' notice of hearing). The period now runs FORWARD from the filing of the motion. Check which version governs a motion filed before March 1, 2026. 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?

Obtain the filed motion and its actual filing receipt.

Confirm that the motion was filed on or after March 1, 2026 under the final amendment order.

Read any court leave, party agreement or Rule 166a(d)(3) order changing response timing.

Texas Rule 166a(d)(1)–(3)

How does the required timing work?

Obtain the filed motion and its actual filing receipt.
Confirm that the motion was filed on or after March 1, 2026 under the final amendment order.
Read any court leave, party agreement or Rule 166a(d)(3) order changing response timing.
Exclude motion filing and add twenty-one calendar days under Rule 4. Do not count from service or reverse from the hearing. Service does not trigger this filing-based period.
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 motion filing on or after March 1, 2026. A service or hearing date is not the amended response trigger.

Texas Rule 166a(d)(1)–(3)

How does the independent example work?

Fictitious example

Fictitious facts. Filing of the summary judgment motion governed by the amended Rule 166a occurred August 11, 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	Filing of the summary judgment motion governed by the amended Rule 166a	August 11, 2027
Ordinary period	Exclude the event and add 21 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?

Leave and agreement: Rule 166a(d)(1) expressly permits leave of court or agreement of the parties. Establish the actual permission and period instead of adding time automatically.
Essential evidence unavailable: Under Rule 166a(d)(3), file an affidavit or declaration specifying why essential opposing facts cannot be presented. The court may extend response time, deny without prejudice for discovery or make another appropriate order. The request alone does not grant an extension.
Produce the required evidence: Rule 166a(d)(2) requires evidence supporting the response. Rule 166a(j)(2) allows specific references identifying evidence in the court file; (j)(3) addresses discovery not already on file. Affidavits or declarations under (j)(4) require personal knowledge, admissible facts, competence and the stated document attachments.
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(d)(1)–(3)

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?

Obtain the filed motion and its actual filing receipt.
Confirm that the motion was filed on or after March 1, 2026 under the final amendment order.
Read any court leave, party agreement or Rule 166a(d)(3) order changing response timing.
Rule 166a(d)(1) expressly permits leave of court or agreement of the parties. Establish the actual permission and period instead of adding time automatically.
Under Rule 166a(d)(3), file an affidavit or declaration specifying why essential opposing facts cannot be presented. The court may extend response time, deny without prejudice for discovery or make another appropriate order. The request alone does not grant an extension.
Rule 166a(d)(2) requires evidence supporting the response. Rule 166a(j)(2) allows specific references identifying evidence in the court file; (j)(3) addresses discovery not already on file. Affidavits or declarations under (j)(4) require personal knowledge, admissible facts, competence and the stated document attachments.
File the response and produce supporting evidence under Rule 166a(d)(2). Put any requested oral hearing in the response title. Rule 166a(j) governs the actual evidence, references and affidavit or declaration requirements. 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.

Common questions about this required act