Summary judgment in Texas

Tex. R. Civ. P. 166a — Summary Judgment

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

call the motion to the court’s attention. The court must set the motion for an oral hearing or submission without an oral hearing according to the deadlines in this rule. The clerk must send notice to the parties of the submission or hearing date. (d) Response. (1) Time to File. Except on leave of court or agreement of the parties, the nonmovant must file a response within 21 days after the motion is filed. (2) Contents. The nonmovant must produce any evidence in support of the response. If the nonmovant requests a hearing on the motion, the request must appear in the title of the response. (3) When Evidence Unavailable. If the nonmovant needs additional time to secure evidence in support of the response, the nonmovant must file an affidavit or declaration specifying the reasons why the nonmovant cannot present facts essential to justify its opposition. The court may extend the time to file the response, deny the motion without prejudice to permit additional discovery, or issue another appropriate order. (e) Reply. (1) Time to File. The movant may file a reply. Except on leave of court or agreement of the parties, the movant must file the reply within 7 days after the response is filed. (2) Contents. A reply must not raise new or independent summary judgment grounds but may address a new or amended pleading filed after the motion if a ground initial…

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Tex. R. Civ. P. 166a — Summary Judgment

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

paragraphs (a) or (b), in which the movant must prove it is entitled to judgment by establishing each element of its own claim or defense as a matter of law or by negating an element of the respondent’s claim or defense as a matter of law. To defeat a motion made under paragraph (i), the respondent is not required to marshal its proof; its response need only point out evidence that raises a fact issue on the challenged elements. The existing rules continue to govern the general requirements of summary judgment practice. A motion under paragraph (i) is subject to sanctions provided by existing law (Tex Civ. Prac. & Rem. Code §§ 9.001-10.006) and rule (Tex R. Civ. P. 13). The denial of a motion under paragraph (i) is no more reviewable by appeal or mandamus than the denial of a motion under paragraph (c). Comment to 2026 change: Rule 166a is rewritten to implement section 23.303 of the Texas Government Code and to modernize the rule. Other than the deadline changes, Rule 166a’s rewrite is not intended to substantively change the law. [RULE 166b. Repealed effective January 1, 1999] [RULE 166c. Repealed effective January 1, 1999] Page 92

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Tex. R. Civ. P. 166a — Summary Judgment

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(j) Evidence Produced. (1) Types of Evidence. Evidence may include: (A) deposition transcripts; (B) an opposing party’s pleadings, interrogatory answers, admissions, and other discovery responses; (C) affidavits and declarations; (D) stipulations; and (E) other authenticated evidence. (2) Evidence Produced by Reference. Evidence may be produced by making a specific reference to it and where it may be found in the court’s file. (3) Use of Discovery Not Otherwise on File. Discovery not on file may be used as summary judgment evidence if copies of the material, appendices containing the evidence, or a notice containing specific references to the discovery or specific references to other instruments are filed with a statement of intent to use the specified discovery as summary judgment evidence: (A) at the time the motion is filed, if the evidence is to be used to support the summary judgment; or (B) at the time the response is filed, if the evidence is to be used to oppose the summary judgment. (4) Form of Affidavit or Declaration; Further Testimony. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify to the matters stated. A document referred to in an affidavit or declaration must be at…

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Tex. R. Civ. P. 166a — Summary Judgment

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(a) Definitions. (1) A “traditional” motion for summary judgment is a motion that seeks to establish that no genuine issue of material fact exists as to a claim or defense and that the movant is entitled to judgment as a matter of law. (2) A “no-evidence” motion for summary judgment is a motion that seeks to establish that there is no evidence of an essential element of a claim or defense on which the nonmovant would have the burden of proof at trial. (b) Motion. (1) In General. A party may move for summary judgment on a claim or defense. A motion may combine both traditional and no-evidence motions. (2) Contents. (A) Title. A motion for summary judgment must be titled “Traditional Motion for Summary Judgment,” “No-Evidence Motion for Summary Judgment,” or “Combined Motion for Traditional and No-Evidence Summary Judgment.” An absent or incorrect title is not grounds for denying the motion. (B) Hearing Request. If a movant requests an oral hearing on the motion, the request must appear in the title of the motion. (C) Traditional Motion. A traditional motion must state the specific grounds in support of the motion and produce any evidence in support. (D) No-Evidence Motion. A no-evidence motion must state the elements of the claim or defense as to which there is no evidence. (3) Time to File. (A) Traditional Motion. Unless a deadline for …

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