Under Texas Rule of Civil Procedure 166a, parties must file their summary judgment response and any opposing evidence no later than 7 days before the hearing. Both traditional and no-evidence summary judgment motions require 21 days’ notice, and the 7-day response deadline is strict unless the court grants leave. Learn the key deadlines, traps, and rules for summary judgment practice in Texas state courts.
Traditional Summary Judgment (TRCP 166a(c))
Filing/Action
Deadline
Rule
Notes
Response and opposing evidence
No later than 7 days before the hearing
TRCP 166a(c)
Deadline is absolute unless leave of court is obtained.
Hearing notice
Must be served at least 21 days before hearing
TRCP 166a(c)
Hearing can’t be set earlier than 21 days from service of motion.
No-Evidence Summary Judgment (TRCP 166a(i))
Filing/Action
Deadline
Rule
Notes
Response and evidence showing fact issue
No later than 7 days before the hearing
TRCP 166a(i)
Same 7-day deadline as traditional MSJ responses.
Hearing notice
Must be served at least 21 days before hearing
TRCP 166a(i)
Court may shorten notice with leave.
Key Points & Traps
The 7-day response deadline is strict — late evidence can be excluded unless the court grants leave.
The 21-day notice requirement applies to both traditional and no-evidence MSJs.
Always file early; don’t rely on the court to grant leave if you blow the deadline.
If the 7th day falls on a weekend/holiday, apply TRCP 4 and move to the next business day.
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