Texas Appellate Law Podcast A Complete Rewrite: What the New Summary Judgment Rule Means for Trial Lawyers and Judges
Jan 22, 2026
The Texas Supreme Court's rewrite of Rule 166a is shaking up summary judgment practices. The hosts dive into how the new definitions for traditional and no-evidence motions could impact trial lawyers. A significant change is the new 21-day response deadline that demands non-movants to act quickly. They discuss potential tactical risks and the mechanics of filing motions, including the challenges around discovery. The episode wraps up with takeaways on navigating these changes effectively.
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Definitions Echo Case Law But Raise Questions
- The rule formally defines 'traditional' and 'no-evidence' motions, largely restating existing case law.
- Some wording could create unintended ambiguities about which claims or defenses a movant may challenge.
State Hearing Request And Title Clearly
- If you want an oral hearing, state that on the motion's cover/first page to preserve the request.
- Title motions clearly as traditional, no-evidence, or combined to avoid later disputes.
Adjust Deadlines And Scheduling Orders
- Expect courts to move dispositive-motion deadlines earlier in scheduling orders and local rules.
- Coordinate discovery timelines with new summary-judgment scheduling to avoid being precluded from relief.