The final version of rewritten Texas Rule of Civil Procedure 166a—the summary judgment rule—became effective March 1, 2026. In this episode, Michael Duncan, an appellate and motions practitioner in Austin who clerked for a Texas Supreme Court justice, unpacks the updated rule with hosts Todd Smith and Jody Sanders. Together, they examine what the Supreme Court changed for the better from the proposed amendment—clarifying the burden of proof for traditional motions, allowing parties to extend response deadlines by agreement, and explicitly requiring evidence with a traditional motion. They also flag new and unresolved concerns, such as the removal of "promptly" from the court's hearing-setting obligation and the potential for abuse of the filing-triggered response deadline. Michael also shares his comparison chart that untangles the four sets of standards governing motions filed during the transition period.

Connect and Learn More

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Proceed.

The New Rule 166a: What Texas Lawyers Need to Know | Michael Duncan

Texas Appellate Law Podcast

Practical Tip: Use 'Nonmovant' Terminology

The AI-powered Podcast Player