Texas Summary Judgment Deadlines (Traditional vs. No-Evidence)

Last updated: 2025

Summary judgment practice in Texas follows strict procedural timelines, and missing one can be fatal to your motion. Understanding the differences between traditional and no-evidence summary judgments under Texas Rule of Civil Procedure 166a is essential.

Below is a concise breakdown of the key deadlines, notice requirements, and timing traps that every trial attorney should know.

I. Traditional Summary Judgment (Rule 166a(c))

A traditional summary judgment motion argues that there’s no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Key Deadlines

StepRuleTiming
Motion filed and servedTRCP 166a(c)At least 21 days before the hearing
Response dueTRCP 166a(c)No later than 7 days before the hearing
Reply (optional)Case law (no set rule)Typically 3 days before the hearing, if any
HearingTRCP 166a(c)No oral testimony, unless the court permits it
Ruling deadlineTRCP 166a(c)Court may rule at hearing or by submission; no automatic time limit

Key Practice Points

  • The 21-day notice period runs from service, not filing, so confirm service method and date carefully.
  • Rule 21a extends deadlines when service is by mail (3 days) or e-service occurs after 5:00 p.m.
  • Courts may not consider late-filed summary-judgment evidence unless you obtain leave of court — and the record must reflect that leave was granted.
  • Always confirm whether your court or county requires submission settings versus live hearings (local rules can vary).

II. No-Evidence Summary Judgment (Rule 166a(i))

A no-evidence motion is a procedural shortcut that shifts the burden to the nonmovant. It’s available only after adequate time for discovery.

Key Deadlines

StepRuleTiming
Motion filed and servedTRCP 166a(i)At least 21 days before the hearing
Response dueTRCP 166a(i)No later than 7 days before the hearing
Evidence required in responseTRCP 166a(i)Must be filed with the response (not later)
HearingTRCP 166a(i)May be by submission; no oral evidence permitted

Key Practice Points

  • The movant must specifically identify the elements of a claim or defense for which no evidence exists. General statements (“Plaintiff has no evidence of liability”) are insufficient.
  • The nonmovant must produce summary-judgment evidence raising a genuine issue of material fact on each challenged element.
  • Courts often deny no-evidence motions filed too early — make sure “adequate time for discovery” has passed.

III. Combining Motions

Parties frequently combine traditional and no-evidence motions into a hybrid motion. If so:

  • Each ground must be clearly labeled as either traditional or no-evidence.
  • The court may grant summary judgment under either standard.
  • On appeal, the judgment will be affirmed if any independent ground supports it.

IV. Practical Countdown Example

Assume your hearing is set for Friday, May 30, 2025 (submission docket).

ActionDeadlineRule
File and serve motionFriday, May 9, 2025 (21 days before hearing)TRCP 166a(c) or (i)
File and serve responseFriday, May 23, 2025 (7 days before hearing)TRCP 166a(c)
Reply or leave-to-file late evidenceTuesday, May 27, 2025Case law / court discretion

V. Common Deadline Mistakes

  • Miscounting the 21-day window due to weekend or holiday service.
  • Attaching evidence late without leave of court.
  • Failing to label hybrid motions clearly.
  • Assuming electronic service is instantaneous—Rule 21a says otherwise.
  • Setting hearings before discovery is adequate (fatal to no-evidence motions).

VI. Quick Reference Chart

TypeMotion DeadlineResponse DeadlineHearingEvidence Allowed
Traditional (166a(c))21 days before hearing7 days before hearingYes (oral or submission)Movant & nonmovant
No-Evidence (166a(i))21 days before hearing7 days before hearingUsually submissionNonmovant only

Need a quick check?
Use our Deadline Calculator to help calculate deadlines quickly.

Effect of a Motion on the Answer Deadline in Federal Court

In federal court, certain motions under Rule 12 of the Federal Rules of Civil Procedure postpone a defendant’s deadline to serve an answer. These motions must be filed before a responsive pleading—typically the answer—is due. Once such a motion is filed, the defendant’s time to answer is suspended until the court rules on the motion or otherwise orders a new deadline.

1. Why Rule 12 Motions Delay the Answer Deadline

Federal Rule of Civil Procedure 12(a)(4) expressly provides that filing a motion under Rule 12 changes the timing for the responsive pleading:

“Unless the court sets a different time, serving a motion under this rule alters these periods as follows:
(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or
(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.”

This provision prevents parties from filing an answer while a motion that could narrow or dispose of the case is pending.

2. Common Motions That Trigger Rule 12(a)(4)

The most common Rule 12 motions that toll the answer deadline include:

  • Rule 12(b)(1) – lack of subject-matter jurisdiction
  • Rule 12(b)(2) – lack of personal jurisdiction
  • Rule 12(b)(3) – improper venue
  • Rule 12(b)(4) – insufficient process
  • Rule 12(b)(5) – insufficient service of process
  • Rule 12(b)(6) – failure to state a claim upon which relief can be granted
  • Rule 12(b)(7) – failure to join a required party
  • Rule 12(e) – motion for a more definite statement

A motion under any of these subsections delays the time to answer until the motion is resolved or the court sets a new schedule.

3. Effect of Partial Motions to Dismiss

When a defendant files a Rule 12(b)(6) motion for partial dismissal, the motion generally tolls the deadline to answer the entire complaint—not just the claims targeted by the motion—unless the court orders otherwise.

In some jurisdictions, defendants may file a partial motion to dismiss and then wait until the court rules before filing an answer to any claims.

4. Timing After the Motion Is Resolved

After the court rules:

Court ActionNew Deadline to Answer
Motion denied or deferred to trial14 days after notice of the court’s action
Motion granted for more definite statement14 days after the amended pleading is served
Court sets a different deadlineAs ordered by the court

Rule 6(a) governs time computation—exclude the day of notice, include weekends and holidays, and extend to the next business day if the deadline falls on a weekend or federal holiday.

5. Practice Tips

  • Do not answer while a Rule 12 motion is pending, unless the court orders otherwise.
  • Calendar the answer deadline immediately after the ruling—it’s only 14 days, and courts expect compliance.
  • Check local rules: some districts require filing an answer concurrently with certain motions, though this is rare.
  • Avoid premature defaults: if multiple defendants are involved and only one files a Rule 12 motion, the motion’s tolling effect usually applies only to that movant, not co-defendants who did not join.

Filing a Rule 12 motion—whether to dismiss, for a more definite statement, or for jurisdictional reasons—tolls the time to answer. Once the motion is decided or deferred, the defendant has 14 days to serve an answer, unless the court sets a different schedule. Always verify local rules and docket orders to avoid missing this short post-motion window.

Deadline to Reply to an Answer in Federal Court (If Ordered)

Under the Federal Rules of Civil Procedure, a reply to an answer is not required unless the court specifically orders one. This rule often surprises litigants who expect a formal back-and-forth after the defendant files an answer.

Rule Framework

Federal Rule of Civil Procedure 7(a) identifies the only allowable pleadings in federal civil cases:

  1. A complaint;
  2. An answer to a complaint;
  3. An answer to a counterclaim designated as a counterclaim;
  4. An answer to a cross-claim;
  5. A third-party complaint;
  6. An answer to a third-party complaint; and
  7. “If the court orders one, a reply to an answer.”

That final clause makes clear that a reply to an answer is permitted only when a judge directs it.

When such an order issues, Federal Rule of Civil Procedure 12(a)(1)(C) governs the timing:

“A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.”

Thus, a reply is due 21 days after service of the order, unless the court sets another deadline.

Key Takeaways

  • Default rule: No reply is needed unless the court orders one.
  • If ordered: Serve the reply within 21 days after service of the order (or by the date specified).
  • Content: The reply should admit or deny any new factual allegations raised in the answer.
  • Authority: Fed. R. Civ. P. 7(a)(7) and 12(a)(1)(C).

Courts rarely order replies to answers in ordinary civil cases. Such orders typically arise when a defendant’s answer includes affirmative defenses or new matters the judge wants the plaintiff to address formally.

Special Context: Habeas Corpus Proceedings

A different rule applies to habeas corpus cases filed by state prisoners under 28 U.S.C. § 2254.
Under Rule 5(e) of the Rules Governing Section 2254 Cases, a petitioner may file a reply to the respondent’s answer or other pleading within the time fixed by the judge.

This provision allows, but does not require, a reply—mirroring the discretionary nature of Rule 7(a) in civil cases.

Practice Note

If you receive an order directing a reply to an answer:

  • Calendar the 21-day deadline immediately.
  • Draft the reply to address only the issues specified in the order.
  • Confirm whether the court requires a verified reply or any special formatting (some local rules do).

Failure to comply with a court-ordered reply deadline may be treated as a waiver or delay the proceedings.

Summary Table

ScenarioRuleDeadline
Reply to Answer (if ordered)FRCP 12(a)(1)(C)21 days after service of the order (unless the order sets another time)
Reply by Habeas PetitionerRule 5(e), § 2254 RulesWithin time fixed by the judge

When Is the Answer to a Federal Counterclaim or Cross-Claim Due?

Under Federal Rule of Civil Procedure 12(a)(1)(B), a party must serve an answer to a counterclaim or cross-claim within 21 days after being served with the pleading that asserts that claim. This 21-day response window applies regardless of whether the counterclaim or cross-claim is permissive or compulsory.

In other words, when a defendant files an answer that includes a counterclaim, the opposing party—usually the plaintiff—must serve a separate answer to that counterclaim within twenty-one (21) days after service of the pleading containing it. The same timeline applies when one defendant asserts a cross-claim against another party.

It’s important to note that a complaint does not qualify as an answer for this purpose. The rule distinguishes between an initial pleading (such as a complaint) and a responsive pleading (such as an answer). Therefore, if a plaintiff does not timely answer a counterclaim, that failure may expose the plaintiff to default under Rule 55, just as a defendant’s failure to answer a complaint would.

Once served, the answer to a counterclaim or cross-claim should respond to each allegation in numbered paragraphs, admit or deny the material facts, and assert any applicable affirmative defenses under Rule 8(b)–(c). If a party asserts additional claims in that answer, it must label them as counterclaims or cross-claims to clarify the pleading’s function and preserve the right to respond.

As a practical matter:

  • The 21-day clock begins on the date of service of the pleading that asserts the counterclaim or cross-claim (not its filing date).
  • Time is computed under Rule 6(a)—excluding the day of service, counting every calendar day thereafter, and extending to the next business day if the 21st day falls on a weekend or legal holiday.
  • The court may enlarge the time to answer under Rule 6(b) if good cause is shown before the deadline expires.

Failing to serve a timely answer risks an entry of default and, ultimately, a default judgment on the counterclaim or cross-claim.

How to Create a Trial Notebook

Building a trial notebook can feel overwhelming the first time you prepare for trial. But once you have a structure and a clean template, it becomes one of the most powerful organization tools in litigation.

What Is a Trial Notebook?

A trial notebook is the binder or digital folder you carry into trial. It holds every document you’ll need in court: pleadings, motions, orders, exhibits, witness lists and outlines, jury instructions, and your day-by-day notes. For litigators, a well-organized trial notebook can mean the difference between being prepared and scrambling.

Why Every Litigator Needs One

  • Stay organized. Easily access key documents during trial without flipping through stacks.
  • Manage exhibits. Know your Bates numbers, admissibility, and how to present each one.
  • Guide your strategy. With witness outlines and motion logs in one place, you stay ahead of opposing counsel.

Trial Notebook Sections (What to Include)

SectionPurpose
Case Information SheetCaption, court, cause number, parties, contacts.
PleadingsComplaint, answer, motions, pre-trial orders.
DiscoveryKey responses, deposition summaries, RFP logs.
Exhibits ListBates numbers, description, admissibility status.
Witness List & OutlinesContact info, direct and cross examination outlines.
Motions in LimineFiled versions and rulings.
Jury Instructions / Verdict FormDrafts and final versions.
Notes & ObservationsTrial day summaries, judge’s remarks, opponent’s strategy.

Digital Trial Notebooks

Whether you prefer a physical binder or a digital system, you can build a trial notebook in tools like Microsoft OneNote, Evernote, or SharePoint. The advantage? Searchable content, easier updates, and quick sharing with co-counsel.

Folder structure example:

  • 01_CaseInfo
  • 02_Pleadings
  • 03_Discovery
  • 04_Exhibits
  • 05_Witnesses
  • 06_MotionsInLimine
  • 07_JuryInstr_Verdict
  • 08_TrialNotes

Inside each folder, use a consistent naming format like “Date-DocumentName-Version” to avoid confusion during trial.

Related Resources

FAQ

What is a trial notebook used for?

A trial notebook brings together all key documents you’ll need in court so you don’t waste time digging through files.

What should be included in a trial notebook?

See the “Trial Notebook Sections” table above for a full breakdown of recommended components.

How do you organize a digital trial notebook?

Create a clear folder structure (as shown above) and use consistent naming for documents so everything remains searchable.

Is there a required format for trial notebooks in court?

No. Most courts don’t mandate a set format. The value lies in your preparedness and how you use the notebook in real time.

How early should I start preparing my trial notebook?

Begin assembling it at the start of litigation events (pleadings, motions, discovery). Update it as you receive new documents. Don’t wait until trial week.

Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Always verify your trial-prep processes, filing practices, and court-specific requirements.

Federal Answer Deadlines (FRCP 12(a)) — 2025 Guide

When you’re served with a complaint in federal court, the clock starts ticking fast. The Federal Rules of Civil Procedure (FRCP) set strict time limits for filing an answer or responsive motion. Missing a federal deadline can result in a default judgment — so it’s critical to understand the rules and exceptions.

This page summarizes the key federal answer deadlines under Rule 12(a) and provides a quick reference chart to keep your filings on track.

🕒 How Long Do I Have to Answer a Federal Lawsuit?

Under Rule 12(a)(1)(A) of the Federal Rules of Civil Procedure:

  • A defendant must serve an answer within 21 days after being served with the summons and complaint.
  • If the defendant has waived service under Rule 4(d), the answer is due within 60 days after the waiver request was sent (or 90 days if the defendant is outside the United States).
  • If a motion under Rule 12(b) (e.g., to dismiss) is filed, the time to answer is suspended until 14 days after the court denies the motion or postpones its disposition.

⚖️ Federal Answer Deadline Chart

Type of ServiceTime to AnswerRule Reference
Personal service in the U.S.21 days after serviceFRCP 12(a)(1)(A)(i)
Waiver of service (U.S. defendant)60 days after request sentFRCP 12(a)(1)(A)(ii)
Waiver of service (defendant outside U.S.)90 days after request sentFRCP 12(a)(1)(A)(ii)
U.S. agency, officer, or employee sued in official capacity60 days after service on U.S. attorneyFRCP 12(a)(2)
United States (as defendant)60 days after service on U.S. attorneyFRCP 12(a)(2)
Federal officer or employee sued individually for acts under color of office60 days after service on officer and U.S. attorneyFRCP 12(a)(3)
After court denies or postpones a Rule 12 motion14 days after orderFRCP 12(a)(4)

💡 Common Scenarios

Multiple Defendants

Each defendant’s 21-day clock runs independently from the date they were served.

Amended Complaints

If a complaint is amended, a new 14-day window opens for any defendant who has already answered, unless the court orders otherwise (FRCP 15(a)(3)).

Cross-Claims and Counterclaims

The responding party has 21 days after service of the pleading containing the claim to file an answer (FRCP 12(a)(1)(B)).

Service by Mail or Waiver

When service is waived under Rule 4(d), defendants effectively gain an extension to 60 or 90 days, but they waive objections to service itself.

⚙️ How to Calculate Federal Answer Deadlines

Federal time computation is governed by Rule 6(a):

  1. Exclude the day of service.
  2. Count every day afterward, including weekends and holidays.
  3. If the last day falls on a weekend or federal holiday, the deadline extends to the next business day.

Example:
If served on March 1, the 21-day period ends March 22.
If March 22 is a Sunday, the answer is due Monday, March 23, by 11:59 p.m. local court time.

🧮 Need a Quick Calculation?

👉 Use the Deadline Calculator

⚠️ Avoid Default

Federal courts strictly enforce answer deadlines. If you miss one, opposing counsel may move for default under Rule 55(a). Reversing a default requires showing both excusable neglect and a meritorious defense — something far more difficult than answering on time.

📘 Related Resources

Disclaimer

This resource is for informational purposes only and does not constitute legal advice. Always verify deadlines using the Federal Rules of Civil Procedure, local court rules, and applicable orders in your case.