Motions for No Evidence Summary Judgment

In Texas, a Motion for No Evidence Summary Judgment is a legal motion that a party can file in a civil lawsuit to request that the court grant summary judgment in their favor on a particular issue or claim based on the argument that there is no evidence to support the opposing party's position on that issue. This motion is typically filed by a defendant (the party being sued) or a plaintiff/counter defendant (the party who filed the lawsuit and in turn had the defendant file a counter lawsuit against them) when they believe that the opposing party lacks sufficient evidence to prove a crucial element of their case. The purpose of this motion is to expedite the legal process and potentially avoid a full trial.

Here is a step-by-step explanation of how a Motion for No Evidence Summary Judgment works in Texas:

1. Legal Standard: Under Texas Rule of Civil Procedure 166a(i), a party may file a No Evidence Motion for Summary Judgment if they believe that there is no evidence to support one or more elements of the opposing party's claim or defense. In other words, the moving party is essentially arguing that, even if all the evidence were viewed in the light most favorable to the opposing party, there is still no evidence to support their position on the specific issue.

2. Specificity: The motion must specify which elements or issues within the case the moving party is challenging as lacking evidence. The motion should clearly identify the legal and factual basis for the challenge, making it precise and clear. Obviously, before filing a motion for no evidence summary judgment on a cause of action / claim, the movant must actually know and state the elements of the cause of action or claim. This means that the movant must do some legal research to determine the elements and cited to a legally sufficient source for the elements.

3. Burden of Proof: When a party files a No Evidence Motion for Summary Judgment, the burden of proof shifts to the non-moving party (the party opposing the motion). The non-moving party is required to present evidence that raises a genuine issue of material fact regarding the challenged elements. This typically involves pointing to specific evidence in the record that supports their case.

4. Response: The non-moving party has the opportunity to respond to the motion. In their response, they must present any evidence they believe establishes a genuine issue of material fact on the challenged issue. This can include affidavits, deposition transcripts, documents, or any other relevant evidence.

5. Court's Decision: The court will consider the motion and the response. If the court agrees with the moving party and finds that there is no evidence to support the challenged elements, it may grant the No Evidence Summary Judgment. This means that the issue is decided in favor of the moving party without the need for a trial. However, if the court finds that there is some evidence supporting the challenged elements, it will deny the motion and the case will proceed to trial on those issues.

It's important to note that a Motion for No Evidence Summary Judgment is a procedural tool used to eliminate unsupported claims or defenses. It does not address the merits of the case as a whole. If the motion is granted on some issues, the case may still proceed to trial on the remaining issues that were not challenged in the motion.