The final version of rewritten Texas Rule of Civil Procedure 166a—the summary judgment rule—became effective March 1, 2026. In this episode, Michael Duncan, an appellate and motions practitioner in Austin who clerked for a Texas Supreme Court justice, unpacks the updated rule with hosts Todd Smith and Jody Sanders. Together, they examine what the Supreme Court changed for the better from the proposed amendment—clarifying the burden of proof for traditional motions, allowing parties to extend response deadlines by agreement, and explicitly requiring evidence with a traditional motion. They also flag new and unresolved concerns, such as the removal of “promptly” from the court’s hearing-setting obligation and the potential for abuse of the filing-triggered response deadline. Michael also shares his comparison chart that untangles the four sets of standards governing motions filed during the transition period.
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- 0:00 – Intro
- 2:07 – Duncan’s Background and Career Path
- 3:52 – Overview of the Final Rule 166A Changes
- 6:18 – Evidence Requirement Added to Traditional Motions
- 7:37 – Deadline Extensions by Agreement of the Parties
- 11:23 – Potential Abuse of the New Response Timing Rule
- 21:17 – New Issue: Rule Now Says You “Must” File a Response
- 29:54 – Scheduling Orders and Summary Judgment Deadlines
- 39:03 – Practical Implications for Practitioners
- 51:28 – Supreme Court Clerkship War Story
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☑️ Jody Sanders | LinkedIn | X
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☑️ Texas Appellate Counsel PLLC
☑️ Kelly Hart & Hallman, LLP | LinkedIn
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