Accident on 80No-Evidence Summary Judgments in Texas
Sounds pretty cool, right? No evidence and Summary Judgment together is a pretty awesome phrase. Say that at dinner parties and ears will perk. But make sure you know what it means before you start throwing that phrase out there. If you want to know what it means or how to get one, you’re in luck. I have the information you seek.
The standard for a no-evidence summary judgment in Texas is found under Rule 166(a)(i) of the Texas Rules of Civil Procedure and states as follows:
(i) No-Evidence Motion. After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial. The motion must state the elements as to which there is no evidence. The court must grant the motion unless the respondent produces summary judgment evidence raising a genuine issue of material fact.
