The rules also just changed. Supreme Court Order 26-9012 rewrote Rule 166a, effective March 1, 2026, and it applies to any motion filed on or after that date. Old deadline math no longer works.
This guide is for Texas litigators, defense lawyers, claims professionals, and legal teams adapting a motion to a particular case. It walks through an annotated sample draft, the differences between traditional and no-evidence motions, and the checks you need before filing.
Key Takeaways
- Pick the correct Rule 166a motion type and title, then tailor each ground to the claims at issue.
- Support every ground with properly presented evidence and precise record references.
- Calendar deadlines from the motion's filing date, then check local orders.
- Treat the sample as a framework, not legal advice.
What a Texas Motion for Summary Judgment Must Do
What is a motion for summary judgment?
Summary judgment is a pretrial procedure that seeks judgment on a claim, defense, or discrete issue without a trial. The movant must show the legal standard is met and no fact issue requires a jury. The motion does not excuse anyone from proving the governing legal elements.
Traditional, no-evidence, and combined motions
Current Rule 166a recognizes three formats:
| Motion | What it does | Key requirement |
|---|---|---|
| Traditional | Shows no genuine issue of material fact and entitlement to judgment as a matter of law | State specific grounds and produce supporting evidence |
| No-evidence | Challenges essential elements on which the opponent bears the trial burden | Filed after adequate time for discovery; state each element |
| Combined | Pairs both in one filing | Keep each ground under its own standard |
The opponent's trial burden defines what a no-evidence motion can challenge. In a traditional motion, the movant carries the burden. Under Nixon v. Mr. Property Management, the Texas Supreme Court held that evidence favoring the nonmovant is taken as true and reasonable inferences go to the nonmovant. A nonmovant's failure to respond does not fill gaps in the movant's proof.
What a sample can and cannot accomplish
A sample shows captioning, organization, argument structure, exhibit references, and requested relief. It cannot choose your grounds, evidence, causes of action, or deadlines. The State Bar's 2025 collections manual offers a plaintiff-side form; confirm whether that form tracks the 2026 rewrite before relying on it. No court-issued template accompanies the new rule.
Before Drafting: Gather Facts, Elements, and Evidence
Confirm the procedural posture and requested relief
Pin down the basics first:
- Court, county, cause number, and parties
- Claims or defenses involved
- Discovery status and upcoming settings
- Whether you seek final judgment, partial judgment, or a ruling on a discrete issue
Map every argument to a legal element
Build an element-by-element outline from the governing statute, rule, or case law. For each element, decide whether you will:
- Prove it
- Negate the opponent's version
- Show the opponent has no evidence of it
That decision drives which motion type fits.
Build the summary-judgment record
Match each argument to specific evidence. Current Rule 166a(j)(1) allows:
- Deposition transcripts
- An opposing party's pleadings, interrogatory answers, admissions, and other discovery responses
- Affidavits and declarations
- Stipulations
- Other authenticated evidence
Your own pleadings are generally not evidence, even if verified, per Laidlaw Waste Systems v. City of Wilmer.
Affidavits need personal knowledge, admissible facts, and shown competence. Any document an affidavit references must be attached and sworn or certified. Unsworn declarations under Civil Practice and Remedies Code Section 132.001 can substitute for affidavits, with statutory exceptions.
Confirm discovery and timing requirements
A no-evidence motion belongs after adequate time for discovery. Review the docket control order, discovery deadlines, and trial setting. A pretrial discovery period is ordinarily adequate absent a contrary showing.
In Restaurant Teams International v. MG Securities, the Dallas court weighed case nature, evidence needed, time the case had been active, and time the motion had been on file. Adequacy is case-specific.
Organize large claim files before legal review
On defense files with thousands of pages, finding the right deposition excerpt is half the work. A secure platform such as OraClaim can organize claim documents and surface key elements and facts for attorney review.
It operates as a closed, access-restricted system built to preserve privilege and work-product protection. Counsel still verifies every fact, decides admissibility, and makes every legal judgment.
Texas Motion for Summary Judgment: Annotated Sample Draft
The bracketed language below is a framework. Replace every placeholder and verify every citation.
Caption and required motion title
CAUSE NO. [_______]
[PLAINTIFF NAME], § IN THE [DISTRICT/COUNTY] COURT
Plaintiff, §
v. § OF [COUNTY] COUNTY, TEXAS
[DEFENDANT NAME], §
Defendant. § [___] JUDICIAL DISTRICT
[DEFENDANT'S] [TRADITIONAL MOTION FOR SUMMARY JUDGMENT /
NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT /
COMBINED MOTION FOR TRADITIONAL AND NO-EVIDENCE SUMMARY JUDGMENT]
Rule 166a(b)(2)(A) prescribes those three titles. An absent or incorrect title is not itself grounds for denial, but follow the rule anyway. A movant's request for oral hearing must appear in the title of the motion.
Introduction and relief requested
[Defendant] moves for summary judgment under Texas Rule of Civil Procedure 166a on Plaintiff's [specific claim(s)]. Defendant seeks [a take-nothing judgment on Count __ / partial summary judgment on the issue of __] because [one-sentence ground tied to a specific element].
Avoid generic claims that the opponent's whole case is unsupported. Name the claim and the relief.
Statement of relevant facts
Keep it short and neutral. Tie each important assertion to a source:
On [date], Plaintiff testified that [fact]. (Ex. A, Pl. Dep. 42:3-14.)
Cite a deposition page, discovery response, admission, or affidavit for each statement.
Standard and grounds for judgment
Traditional module:
Defendant is entitled to judgment as a matter of law on [claim] because the summary-judgment evidence conclusively establishes [element/defense]. [Insert burden, legal standard, and why no genuine issue of material fact exists.]
No-evidence module:
After adequate time for discovery, there is no evidence of the following essential elements of Plaintiff's [claim]: (1) [element]; (2) [element]. Plaintiff bears the burden of proof on each at trial.
List each challenged element separately. A broad "no evidence" assertion invites denial. Under McConnell v. Southside ISD, the grounds must appear in the motion itself, and a brief or exhibit cannot supply them. Current Rule 166a(h)(1) repeats that limit.
Argument, authorities, and evidence references
Organize by claim, defense, or challenged element. For each point:
- Cite current Texas authority
- Explain why each exhibit is competent and relevant
- Point to the exact location of the evidence
Rule 166a(j)(2) lets you produce evidence by specific reference to where it sits in the court's file. Do not attach a pile of documents and hope the court finds the point.
Prayer, proposed order, and filing components
For these reasons, Defendant asks the Court to grant this motion and render judgment that Plaintiff take nothing on [claims]. Alternatively, Defendant requests partial summary judgment on [issue].
Then address:
- Proposed order (each party submits one under the rule)
- Certificate of service
- Exhibit index
- Sealing or confidentiality issues
- Any court-specific filing components
A nonmovant's oral-hearing request goes in the title of the response, so address response-side requirements separately.
Filing, Responding, and Calendaring Under Current Texas Rule 166a
Verify every date below against the official rule, your docket control order, local rules, and the judge's procedures.
Filing-based briefing and hearing deadlines
| Event | Default under amended rule |
|---|---|
| Response | 21 days after the motion is filed |
| Reply (optional) | 7 days after the response is filed |
| Earliest hearing/submission | Not within 35 days after filing |
| Ordinary setting | Within 60 days after filing |
| Longer setting | Within 90 days if the docket requires, good cause exists, or the movant agrees |
| Ruling | Written ruling within 90 days after hearing/submission |
Leave of court or party agreement can change the response and reply periods. Reply runs from the response filing; the ruling runs from the hearing or submission. Do not mix them up.
The old hearing-based timing (motion 21 days before hearing, response 7 days before) does not govern motions covered by the 2026 rewrite.
Reply limitations and oral-argument requests
Put every anticipated independent ground in the original motion. A reply must not raise new or independent grounds. The one exception: it may address a later new or amended pleading when an original ground negates an element common to the later claim or defense.
Continuances and additional discovery
A nonmovant who needs more evidence files an affidavit or declaration explaining why essential facts cannot yet be presented. The court may extend the response time, deny the motion without prejudice for discovery, or enter another appropriate order. That provision now sits at Rule 166a(d)(3).
Evidence, affidavit defects, and withdrawn motions
- Late-filed evidence may be considered if the court indicates so in the record.
- The court may allow cure of affidavit defects by supplementation or another affidavit or declaration.
- Formal defects are not reversible unless specifically objected to, with a chance to amend refused.
- For bad-faith or delay-driven affidavits, the court may award reasonable expenses and attorney's fees after notice (now (j)(5)).
- A withdrawal must be filed in writing and identify the date the motion was filed.
Common Errors and Final Pre-Filing Checklist
Drafting and legal-standard errors
- Using the wrong motion title
- Blending traditional and no-evidence arguments without clear separation
- Failing to identify challenged elements
- Treating your own pleadings as proof
- Relying on conclusory affidavits
- Raising new grounds in a reply
On conclusory affidavits, Brownlee v. Brownlee is the cautionary tale. An affidavit that merely asserted a contract modification, without time, place, or exact nature, was a legal conclusion and the judgment stood.
Evidence and deadline errors
Objections matter. In Seim v. Allstate Texas Lloyds, the Texas Supreme Court held that formal defects require an objection and a ruling, and a judgment must clearly resolve the objections to imply a ruling.
Hearsay and foundation complaints are generally formal, so obtain rulings. Legal-conclusion complaints are substantive and can be raised for the first time on appeal.
Before filing, review:
- Authentication, personal knowledge, hearsay, and foundation for each exhibit
- Pinpoint citations
- Discovery status and adequate-time showing
- Response, reply, and hearing dates
- Local rules, service, and sealing requirements
Final checklist and professional disclaimer
- Correct Rule 166a pathway and title
- Every ground and challenged element stated
- Supporting record complete and cited
- Proposed order, certificate of service, exhibit index ready
- Calendar entries set from the filing date
This sample is educational, not legal advice. Qualified Texas counsel should adapt and review it for the specific case.
Frequently Asked Questions
Can you provide a sample motion for summary judgment in Texas?
Yes. This article includes an annotated, bracketed framework for a Rule 166a motion. Grounds, evidence, citations, relief, and deadlines must be customized and verified for your case.
What are the new rules for motions for summary judgment in Texas?
Amended Rule 166a took effect March 1, 2026. It adds required motion titles, filing-based deadlines, reply limits, hearing timing, evidence procedures, continuance rules, and withdrawal requirements. Confirm against the official rule.
What kind of motion is a motion for summary judgment?
It can be traditional, no-evidence, or combined. The right choice depends on the legal theory, the record, discovery status, and the relief sought.
How long do you have to respond to a motion for summary judgment in Texas?
By default, 21 days after the motion is filed, unless the court grants leave or the parties agree otherwise. Check court orders and local rules.
What evidence can support a Texas motion for summary judgment?
Deposition excerpts, an opposing party's discovery responses and pleadings, affidavits or declarations, stipulations, and authenticated evidence. Each item must be properly presented and tied to the argument.
Can you file a no-evidence motion before adequate time for discovery?
No. Adequate time is required, though it is not the same as closed discovery. Courts look at the scheduling order, claims, evidence needed, and procedural history.
