Lesson on Motion Practice: Motion for Summary Judgment

Introduction

• Motion for Summary Judgment: An essential substantive motion in civil litigation allowing resolution of all or part of a lawsuit without a full trial.
• Purpose: To eliminate unmeritorious claims and defenses, not to deprive a trial by jury.

Understanding Summary Judgment

• Availability: Only available where there is no genuine issue as to any material fact.
• Standard: The party making the motion must be entitled to judgment as a matter of law.

Federal and State Rules

• Federal Rule: Governed by Federal Rule of Civil Procedure 56.
• Texas State Rule: Controlled by Texas Rule of Civil Procedure 166a.
• Differences: Interpretation can vary, Texas historically less likely to grant summary judgment.

Federal Rule 56

• Standard: No genuine issue as to any material fact and entitled to judgment as a matter of law.
• Timing: Motion can be filed at any time up to 30 days after the close of discovery.

Texas Rule

• Traditional Summary Judgment: Required conclusive proof or disproof of elements.
• No Evidence Motion: Introduced in 1997, allows shifting burden by alleging no evidence on specific elements.

Summary Judgment Scenario

• Example: Paul Plaintiff vs. Denise Defendant for breach of contract.
• Defense Strategy: Denise could disprove one of Paul’s elements or rely on defensive affirmative like accord and satisfaction.
• Plaintiff Strategy: Attack Denise’s affirmative defense, show there is no evidence supporting it.

Evidence and Procedure

• Evidence Requirement: Movements should file evidence supporting the motion.
• No Live Testimony: Evidence must be presented in sworn writing (affidavit or deposition).
• Admissibility: Evidence must be admissible at trial and made on personal knowledge.

Conclusion

• Suitability: Not suitable for issues with conflicting testimony.
• Burden of Proof: Movement must prove conclusively with admissible evidence.
• No Evidence Motion: Allows shifting burden to non-movement to produce evidence.

Importance

• Strategic Use: Can significantly reduce litigation time and cost.
• Risk Management: Opportunity to end litigation favorably if evidence supports it.