Plano Texas Final Summary Judgment
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FAQ
A defendant can apply for summary judgment at any time, but typically this is done at the first Case Management Conference (CMC). Any application for summary judgment should be made after acknowledgment of service. If no acknowledgment is served, permission of the court is needed.
Under TRCP 166a, there are two basic types of summary judgment motions, each invoking a different standard of review: Traditional motion for summary judgment. No-evidence motion for summary judgment.
A motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial.
P. 166a(a)?(b), (i). Once the hearing has occurred or, if there is no oral hearing, once submissions are made, the court may rule on the motion. No specific timeframe for the ruling exists; a judge could make a ruling on the day of the hearing or submission, or the judge may never actually make a ruling.
First, a summary judgment motion must be on file at least 21 days before it can be heard. (TRCP 166a) Second, any opposing affidavits or written response should be on file no later than 7 days before the hearing.
The Court's Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.