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Summary Judgment:  Filing and Procedures

Filing Summary Judgment Motions

A motion for summary judgment, whether full, partial or no-evidence, shall be prepared and filed in accordance with Rule 166a of the Texas Rules of Civil Procedure. In addition to the requirements of subsection c of Rule 166a, the moving party shall set forth the elements of the cause of action, or actions, subject to the motion in a succinct manner sufficient to apprise the court of the nature of the claim or defense, and the issues or defenses being presented.

Further, the motion shall state the specific grounds of the motion in numerical order and shall state the specific facts, or lack of facts, relied upon in each ground. The motion shall clearly and concisely argue each ground with appropriate citations to authorities. Initial citations shall be made in footnote form and not included in the body of the motion, except for subsequent style reference in the body of the argument.

In a no-evidence motion for summary judgment, counsel should more fully develop the elements of the cause of action that are under attack to fully apprise the court of the element, or elements, to which there is no evidence. In all other respects, the above instructions and Rule 166a shall apply.

Response to Motion

The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, and indicate where those facts are found in the pleadings, evidence or discovery. As with the motion, initial citations shall be made in footnote form and not included in the body of the motion, except for subsequent style reference in the body of the argument.

Submission and Hearing

Submission requirements for the 506th District Court are modified to provide for a minimum 30-day written notice of submission.  Motions for summary judgment shall be filed with the District Clerk with a copy to opposing counsel according to the Rules. A Notice of Submission shall also be filed; the original to the Clerk, a copy to opposing counsel with a courtesy copy of the Notice of Submission to the court at the Hempstead address. The submission date must provide adequate time for the opposing response, if any, as provided by the Rules.  Click here for additional information on Submission Guidelines.

On or after the submission date the court will review the motion and response and determine whether a ruling can be made based on the pleadings. If so, a ruling will be made and notice provided to all counsel and pro se parties.

In the event a hearing is required, the Court Coordinator will notify the moving party with instructions to obtain a setting at a time of mutual convenience to the parties and the court.

Both moving and responding parties shall provide a proposed order or judgment to the court either via email or regular mail, delivered to the Hempstead address. Do not fax a proposed order except with the specific permission of the court. Do not file courtesy copies of the motion and response directly with the court unless specifically instructed to do so.