Summary Judgment
A procedure by which a court resolves a case (or specific claims) without trial, on grounds that there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Texas TRCP 166a provides two distinct procedures, traditional and no-evidence, with materially different burdens.
Summary judgment is a procedure by which a court resolves a case (or specific claims) without trial, on grounds that there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Texas Rule of Civil Procedure 166a provides two distinct summary-judgment procedures, traditional and no-evidence, with materially different burdens of proof.
Traditional summary judgment (TRCP 166a(c))
The movant must produce evidence establishing that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. The movant carries the entire burden, must conclusively negate the opponent's claim, conclusively establish all elements of an affirmative defense, or otherwise prove entitlement to judgment.
No-evidence summary judgment (TRCP 166a(i))
Adopted in 1997, the no-evidence procedure permits a movant to shift the burden by asserting that there is no evidence of one or more essential elements of the non-movant's claim. The non-movant must then come forward with specific evidence raising a genuine issue of material fact on each challenged element. Failure to do so requires summary judgment for the movant.
The no-evidence motion may be filed only after adequate time for discovery has elapsed. The motion must specifically state which elements are challenged, it cannot simply assert "no evidence" generically.
Standard of review
Evidence is reviewed in the light most favorable to the non-movant; all reasonable inferences are drawn in favor of the non-movant. Credibility determinations and weighing of conflicting evidence are not appropriate at summary judgment, those are jury functions.
Hybrid motions
Movants frequently combine traditional and no-evidence grounds in a single motion, addressing different elements through different procedures. Courts typically address no-evidence grounds first because they are most procedurally favorable to movants.
Federal summary judgment
Federal Rule 56 has a single procedure, substantively similar to Texas traditional summary judgment but procedurally streamlined. The Celotex trilogy of 1986 cases established federal summary judgment as a meaningful pretrial disposition mechanism, not the disfavored mechanism of earlier eras.
Summary judgment is the principal pretrial dispositive mechanism in Texas commercial litigation. The no-evidence procedure has shifted Texas practice substantially since 1997, it puts genuine pressure on plaintiffs to develop evidence supporting each element of their claims during discovery. Sophisticated defense practice involves early identification of weak elements and timely no-evidence challenges.
Practice guide: How Long a Business Lawsuit Takes in Texas