E163 | The New Rule 166a: What Texas Lawyers Need to Know | Michael Duncan скачать в хорошем качестве

E163 | The New Rule 166a: What Texas Lawyers Need to Know | Michael Duncan

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. 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 -------------------------------------------------------------------------------------------------- Texas Appellate Law Podcast Episode 163 Original Air Date: March 12, 2026 The views expressed by the participants of this podcast are their own, and not those of their law firms, courts, or employers. Nothing you hear on this show establishes an attorney-client relationship, or is legal advice. Produced and powered by LawPods. Sponsored by Court Surety Bond Agency and Proceed (formerly Counsel Press). texapplawpod.com