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 Motion for Summary Judgment

 

 Texas District Court
 Dallas County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Moving Party

Plaintiff

A motion for summary judgment may be made by the plaintiff at any time after the defendant answers more...   

Defendant

A motion for summary judgment may be made by the defendant at any time. . more...

Notice/Briefing Schedule

Moving Papers-Twenty-One (21) Days

Moving papers must be filed and served at least twenty-one (21) days before the date specified for the more...

Thus, moving papers must be personally served twenty-one (21) days before the hearing. Service by mail must be made at least twenty-four (24) days before the hearing (extending minimum notice by three (3) days more...

Opposition Papers-Seven (7) Days

Opposing papers must be filed and served at least seven (7) days before the date specified for the more...

If served by mail opposition papers must be served ten (10) days before the hearing date. . more...

Reply Papers

The Texas Rules of Civil Procedure do not provide for the filing or service of reply papers in more...

Briefing Schedule-Dallas County

Except in an emergency, briefs, relating to a motion (other than for summary judgment) set for hearing must be served and filed with more...

Motion for Summary Judgment

Briefs in support of a motion for summary judgment must be filed and served with that motion; briefs more...

Must Begin with a Summary of Argument

Any brief that is ten (10) or more pages long must begin with a summary of argument. more...

Resetting the Hearing Date

Case law holds that if the hearing date is reset, the non-movant is entitled to another twenty-one (21) more...

Late Motion

The movant should obtain leave of court and serve notice to opposing counsel to file a motion for more...

 Rules & Requirements

Required Pre-Filing Conference With Opposing Counsel

Counsel for the potential movant must make at least three (3) attempts to contact counsel for the potential more...

State Specific Grounds

A motion for summary judgment must state the specific grounds on which it is based. . more...

Claims Susceptible to Summary Judgment

Summary judgment may be filed by any party as to any claim, counterclaim, cross-claim, or suit for declaratory more...

Genuine Issue of Material Fact

A motion for summary judgment will be successful if the movant can present evidence to show there is more...

Uncontroverted Testimony

In certain circumstances, summary judgment may be based on the uncontroverted testimony of an interested witness or an more...

Successive Motions

Neither the Texas Rules of Civil Procedure nor Texas case law place a limit on the number of more...

Evidence Unavailable

The opposing party may present affidavits showing that it is presently unable to present facts to successfully oppose more...

"No-Evidence" Summary Judgment

After adequate time for discovery has lapsed, a party may move for summary judgment without presenting summary judgment more...

 Form & Format of Papers

In Writing

Unless made during a hearing or at trial, motions must be made in writing. . more...

Title Required

All motions submitted to the court for filing must be descriptively titled. . more...

Hole-Punching

All motions submitted to the court for filing must be pre-punched at the top of the page .04 . more...

Page Numbering

Each page of the motion must, in the lower margin thereof, be numbered and contain the title of more...

Page numbers should continue in sequential order through the last page of any attachments or exhibits (i.e. should

.

Summary Requirement

Any brief that is ten (10) or more pages must begin with a summary of argument. . more...

Notice of Hearing

Notice May Be Filed Separately

The notice must contain a certificate of service if the notice of hearing is filed separately from the more...

Set Forth Grounds and Relief

The motion must state the grounds upon which it is based as well as the relief or order more...

Statements May Be Adopted by Reference

Statements in pleadings may be adopted by reference in any motion, provided that the referenced statements have not more...

Signature

In General

Every document filed with the court must be signed by the attorney of record. . more...

By signing the document, the signatory certifies that he or she has read the document, that the document more...

Sanctions for Violations of Signature Rule

After notice and hearing, the court will impose an appropriate sanction on any person who signs a motion more...

Additional Formatting Requirements

Dallas District Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Presentation

Summary judgment evidence can be either attached to the motion or provided in an appendix. . more...

No Oral Testimony

"No oral testimony shall be received at the hearing [on a motion for summary judgment]." . more...

Affidavits

Not Required

A motion for summary judgment may be made "with or without" supporting affidavits. ; . more...

Form

A witness testifying by affidavit must be competent, have personal knowledge, and present admissible evidence. Any supporting affidavits must be sworn. more...

Affidavits Made in Bad Faith

If it is shown that an affidavit has been made in bad faith, the party making the bad more...

Discovery

As Summary Judgment Evidence

Discovery not on file with the court may be used as summary judgment evidence.Parties using such evidence should file a statement of intent to use unfiled discovery products and should attach more...

Responses of Opposing Party

If a party relies on another party's discovery responses, unless the producing party files timely objections to their more...

Late Evidence

Leave of court is required for late filing of summary judgment evidence. . more...

 Additional Documents

Proposed Order

"Counsel seeking affirmative relief shall be prepared to tender a proposed order to the court at the commencement more...

Orders and judgments must be separate documents; they must be completely separated from all other papers. . more...

Certificate of Conference

Motions must be accompanied by a "Certificate of Conference" signed by counsel for the moving party in one more...

A "Certificate of Conference" will mean the appropriate one of the following paragraphs (verbatim): more...

.

Uncontested Motions

The court does not require a separate motion or hearing on agreed matters, except for continuances in cases more...

all agreed matters should be include a proposed order and should reflect the agreement of all parties. more...

.

 Filing & Service

Filing

Required

A motion must be filed with the court clerk and a true copy of the same must be more...

Method

Dallas District Court SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Requirement and Timing

Unless presented during a hearing or trial, motions presented to the court for an order must be served more...

The three (3) day notice period does not include Saturdays, Sundays, or legal holidays, except when the three more...

Method

Dallas District Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Certificate of Service

Any party not represented by counsel and any attorney of record must include with every motion a signed more...

Sanctions for Failing To Serve or Deliver

The trial court has discretion to impose any appropriate available sanction if any party fails to serve another more...

 Hearing & Disposition

Request Rulings on Evidentiary Matters

"Defects in the form of affidavits or attachments will not be grounds for reversal unless specifically pointed out more...

Case Not Fully Adjudicated

If summary judgment is not granted, the judge may make an order "specifying the facts that are established more...

Interlocutory Summary Judgment

The court may grant an interlocutory summary judgment on liability without summary judgment as to damages. . more...

Court May Set Pre-Trial Conference to Resolve All Pending Motions

The court may direct parties to appear for a pre-trial conference to resolve all pending motions. . more...

Submission of Orders

If the court rules on the motion at any time following the hearing and directs counsel to prepare more...

The opposing party must either approve the proposed order as to form or file objections in writing with more...

The court may also make and sign its own order at any time after the hearing in accordance more...

Court May Award Costs on Motion

Except when otherwise provided by law, the court may, in its discretion, award or deny costs on motions. more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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