[STYLE OF THE CASE]
[Insert Caption pursuant to Tex. R. Civ. P. 79]
CAUSE NO. [____]
[PLAINTIFF],
Plaintiff,
v.
[DEFENDANT],
Defendant.
IN THE [___th] JUDICIAL DISTRICT COURT
[COUNTY] COUNTY, TEXAS
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
[// GUIDANCE: This template is drafted for a Defendant’s motion. Swap party designations as needed.]
TABLE OF CONTENTS
- Notice of Hearing ……………………………………………………………… 1
- Introduction ……………………………………………………………………… 2
- Statement of Undisputed Material Facts ………………………………… 3
- Summary-Judgment Standard ……………………………………………… 4
- Argument & Authorities ……………………………………………………… 5
5.1 Traditional Grounds (Rule 166a(c)) ………………………………… 5
5.2 No-Evidence Grounds (Rule 166a(i)) ……………………………… 7 - Prayer ……………………………………………………………………………… 9
- Certificate of Conference …………………………………………………… 10
- Certificate of Service ………………………………………………………… 11
- Appendix Index ………………………………………………………………… 12
- Proposed Order (Exhibit A) ………………………………………………… 13
[// GUIDANCE: Remove or collapse the TOC if final brief is within the local page-limit threshold that does not require one.]
1. NOTICE OF HEARING
PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME] a.m./p.m., Defendant will present the foregoing Motion for Summary Judgment to the Honorable [JUDGE’S NAME], presiding in the [___th] Judicial District Court of [County] County, Texas, located at [Courthouse Address].
[// GUIDANCE: Confirm and comply with local notice-of-hearing rules, including minimum-days notice (commonly 21 days for traditional MSJ and 21 days for no-evidence MSJ under TRCP 166a(c), (i)).]
2. INTRODUCTION
- Plaintiff asserts the following causes of action: [LIST CAUSES OF ACTION].
- As shown below and in the accompanying Appendix, there is no genuine issue of material fact, and Defendant is entitled to judgment as a matter of law on each claim.
- Accordingly, the Court should grant this Motion, dismiss Plaintiff’s claims with prejudice, and award Defendant its taxable costs.
3. STATEMENT OF UNDISPUTED MATERIAL FACTS
The following facts are undisputed for purposes of this Motion and are supported by the cited summary-judgment evidence contained in Defendant’s Appendix:
| No. | Fact | Evidence Citation* |
|---|---|---|
| 1. | [Undisputed Fact No. 1] | Appx. Tab 1, p. [__] |
| 2. | [Undisputed Fact No. 2] | Appx. Tab 2, pp. [–] |
| … | … | … |
* Record citations reference sequentially-numbered appendix pages in compliance with Tex. R. Civ. P. 166a(d).
[// GUIDANCE: Use pinpoint page references and ensure every citation is to authenticated, admissible evidence (e.g., sworn affidavits, certified records, deposition excerpts).]
4. SUMMARY-JUDGMENT STANDARD
4.1 Traditional Summary Judgment. Under Tex. R. Civ. P. 166a(c), the movant must show that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of law.
4.2 No-Evidence Summary Judgment. After adequate discovery, a party may move for a no-evidence summary judgment on the grounds that there is no evidence of one or more essential elements of a claim. Tex. R. Civ. P. 166a(i).
4.3 Burdens of Proof.
• Traditional motion: Defendant bears the initial burden; if met, the burden shifts to Plaintiff to raise a fact issue.
• No-evidence motion: The burden begins with Plaintiff to produce more than a scintilla of evidence on each challenged element.
5. ARGUMENT & AUTHORITIES
5.1 Traditional Grounds (Rule 166a(c))
A. Claim 1 – [e.g., Breach of Contract]
1. Element at Issue: [INSERT ELEMENT]
2. Application: [APPLY UNDISPUTED FACTS TO ELEMENT]
3. Legal Basis: Tex. R. Civ. P. 166a(c).
B. Claim 2 – [e.g., Negligence]
1. Element at Issue: [INSERT ELEMENT]
2. Application: …
[// GUIDANCE: Enumerate each theory. Tie each element directly to evidentiary citations in Section 3. Avoid broad, conclusory paragraphs.]
5.2 No-Evidence Grounds (Rule 166a(i))
Subject to Rule 166a(i), and after adequate time for discovery, Plaintiff cannot produce evidence on the following essential elements:
| Claim | Essential Element(s) Lacking Evidence | Record Deficiency |
|---|---|---|
| Claim 1 | [INSERT ELEMENT] | Discovery responses (Appx. Tab __) show no supporting evidence. |
| Claim 2 | [INSERT ELEMENT] | … |
Therefore, Plaintiff’s claims fail as a matter of law.
[// GUIDANCE: Verify that formal discovery has been on file for at least 30 days before filing a no-evidence motion.]
6. PRAYER
WHEREFORE, Defendant respectfully requests that the Court:
- Grant this Motion for Summary Judgment;
- Render judgment that Plaintiff take nothing on all claims;
- Tax court costs against Plaintiff; and
- Award Defendant such other and further relief to which it is justly entitled.
7. CERTIFICATE OF CONFERENCE
Pursuant to [LOCAL RULE] of the [County] County District Courts, I certify that on [DATE], counsel for Defendant conferred with counsel for Plaintiff regarding the relief sought herein. Plaintiff [IS/IS NOT] opposed to the Motion.
[ATTORNEY NAME]
[Bar No.]
8. CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Motion for Summary Judgment and Appendix was served on [DATE] on all counsel of record in accordance with Tex. R. Civ. P. 21a via [E-SERVICE / EMAIL / FAX / HAND DELIVERY].
[ATTORNEY NAME]
9. APPENDIX INDEX
| Tab | Description | Supporting Section(s) |
|---|---|---|
| 1 | Affidavit of [NAME] with Exhibits A-C | Facts 1–4 |
| 2 | Deposition Excerpts of [NAME] | Facts 2, 5 |
| 3 | Certified Contract dated [DATE] | Fact 3 |
| … | … | … |
[// GUIDANCE: Bates-label each appendix page (Appx. 001, 002, …) and cite those numbers in Sections 3 and 5.]
10. PROPOSED ORDER (EXHIBIT A)
text
CAUSE NO. [____]
[PLAINTIFF] § IN THE ___ JUDICIAL
v. § DISTRICT COURT OF
[DEFENDANT] § [COUNTY] COUNTY, TEXAS
ORDER GRANTING
MOTION FOR SUMMARY JUDGMENT
On this day, the Court considered Defendant’s Motion for Summary Judgment.
After considering the Motion, the response, the summary-judgment evidence, and the arguments of counsel, the Court is of the opinion that the Motion should be GRANTED.
IT IS THEREFORE ORDERED that Plaintiff take nothing on all claims asserted in this action, that costs are taxed against Plaintiff, and that all relief not expressly granted is denied.
SIGNED on ____, 20_.
JUDGE PRESIDING
PAGE-LIMIT / WORD-COUNT COMPLIANCE
[// GUIDANCE: Texas statewide rules do not impose a universal page limit for summary-judgment motions; however, many counties (e.g., Dallas, Harris, Travis, Tarrant) impose local limits ranging from 25–50 pages. Confirm and insert the applicable limitation before filing.]
E-FILING TECHNICAL TIPS
[// GUIDANCE: (1) Combine motion and brief into a single PDF; (2) file appendix as a separate lead document tagged “Appendix”; (3) bookmarks each Tab for judicial efficiency; (4) verify scanned exhibits are OCR-searchable.]
ATTORNEY SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: ([]) [-_]
Facsimile: ([]) [-_]
E-mail: [____]
By: ______
[ATTORNEY NAME]
State Bar No. [______]
ATTORNEYS FOR DEFENDANT
[// GUIDANCE: Add notarization only if required for supporting affidavits, NOT the motion itself.]