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
| Step | Rule | Timing |
|---|---|---|
| Motion filed and served | TRCP 166a(c) | At least 21 days before the hearing |
| Response due | TRCP 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 |
| Hearing | TRCP 166a(c) | No oral testimony, unless the court permits it |
| Ruling deadline | TRCP 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
| Step | Rule | Timing |
|---|---|---|
| Motion filed and served | TRCP 166a(i) | At least 21 days before the hearing |
| Response due | TRCP 166a(i) | No later than 7 days before the hearing |
| Evidence required in response | TRCP 166a(i) | Must be filed with the response (not later) |
| Hearing | TRCP 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).
| Action | Deadline | Rule |
|---|---|---|
| File and serve motion | Friday, May 9, 2025 (21 days before hearing) | TRCP 166a(c) or (i) |
| File and serve response | Friday, May 23, 2025 (7 days before hearing) | TRCP 166a(c) |
| Reply or leave-to-file late evidence | Tuesday, May 27, 2025 | Case 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
| Type | Motion Deadline | Response Deadline | Hearing | Evidence Allowed |
|---|---|---|---|---|
| Traditional (166a(c)) | 21 days before hearing | 7 days before hearing | Yes (oral or submission) | Movant & nonmovant |
| No-Evidence (166a(i)) | 21 days before hearing | 7 days before hearing | Usually submission | Nonmovant only |
Need a quick check?
Use our Deadline Calculator to help calculate deadlines quickly.
