Motion for Summary Judgment Legal Standard Clause
(No-Evidence Motion) (TX)

Summary

This summary judgment legal standard clause is a standard set of paragraphs you can incorporate into the legal standard section of a memorandum in support of a no-evidence motion for summary judgment in Texas state court. This clause includes practical guidance and drafting notes. A motion for summary judgment is a procedure that allows for the early determination of some or all of the claims and defenses raised by the pleadings in a lawsuit, without a full-scale trial. Summary judgment motions are decided on the basis of pleadings, affidavits, declarations, discovery responses, and other documentary evidence submitted by the parties in support of or opposition to the motion, without oral testimony. See Tex. R. Civ. P. 166a(c). The purpose of summary judgment is to provide a speedy means for the disposition of controversies that do not present fact issues. N.J. Bank (N.A.) v. Knuckley, 637 S.W.2d 920, 921 (Tex. 1982). It is also intended to permit efficient elimination of patently unmeritorious claims and untenable defenses. Casso v. Brand, 776 S.W.2d 551, 556 (Tex. 1989). There are two types of summary judgment motions in Texas: • A traditional motion under 166a(c). A movant must establish there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the issues expressly set out in the motion or in an answer or any other response. Tex. R. Civ. P. 166a(c). • A no-evidence motion under 166a(i). The movant must demonstrate that there is no evidence of one or more essential elements of the opposing party's claim or defense on which an adverse party would have the burden of proof at trial. Tex. R. Civ. P. 166a(i). Although preparing a motion for summary judgment is time-consuming and expensive, it is advantageous for many reasons, most significantly because if you are successful on a full motion for summary judgment, the motion ends the case without the time and costs associated with trial and ongoing trial court litigation. Even partial summary judgment can streamline the case and thus reduce the length of trial as well as simplify the issues for the trier of fact. For a section addressing a traditional summary judgment motion under 166a(c), see Motion for Summary Judgment Legal Standard Clause (Traditional Motion) (TX). For additional practical guidance, see Summary Judgment Fundamentals (TX), Summary Judgment: Making the Motion (TX), Summary Judgment Standards Chart (TX), and Summary Judgment: Making the Motion Checklist (TX).