Summary judgment is a procedural mechanism that allows a Texas court to resolve a case, or discrete issues within a case, without a trial when the record demonstrates that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Governed by Texas Rule of Civil Procedure 166a, summary judgment ensures that only cases requiring factfinding proceed to trial.
What Is Summary Judgment Under Texas Rule 166a?
Summary judgment is decided entirely on the written record. The court considers pleadings, affidavits, discovery responses, deposition excerpts, admissions, stipulations, and authenticated public records that are properly before it at the time of the hearing. Live testimony is not permitted, and the court does not resolve credibility disputes or weigh competing evidence.
The court’s task is limited to determining whether the summary judgment evidence raises a genuine dispute over a material fact. If no such dispute exists and the law favors one party, the court may rule as a matter of law without convening a trial.
The Purpose of Summary Judgment in Texas Civil Cases
The primary purpose of summary judgment is to promote judicial efficiency while preserving the right to trial where factual disputes exist. When the outcome of a claim or defense is controlled by law rather than disputed facts, a trial serves no legitimate purpose. Summary judgment allows courts to eliminate legally or evidentially unsupported claims and defenses before trial, thereby narrowing the issues or resolving the case entirely.
Summary judgment also provides a procedural safeguard by ensuring that a party is not subjected to trial based on speculation, conjecture, or legally insufficient evidence.
Who May File a Motion for Summary Judgment?
Texas procedure permits any party to seek summary judgment. A claimant may move for summary judgment on a claim, counterclaim, cross-claim, or request for declaratory relief, while a defending party may move for summary judgment against any asserted claim or defense.
The rules allow summary judgment motions to be filed with or without supporting affidavits, depending on the type of motion asserted. Although Rule 166a does not limit the number of motions a party may file, trial courts frequently regulate timing and scope through scheduling orders.
What Issues Can Be Decided by Summary Judgment?
Summary judgment may resolve an entire case or may be limited to specific issues. Courts commonly grant summary judgment on individual claims, discrete elements of a claim or defense, or liability alone while leaving damages for trial.
When summary judgment does not fully dispose of the case, the court may issue an order identifying which material facts are established as a matter of law and directing how the remaining issues will proceed. These rulings often shape trial strategy and significantly narrow the scope of evidence presented at trial.
Interlocutory vs. Final Summary Judgment in Texas
Not all summary judgments result in a final disposition of the case. An interlocutory summary judgment resolves fewer than all claims or parties and generally is not immediately appealable. These rulings often address liability, dismiss particular causes of action, or establish uncontested facts.
A final summary judgment, by contrast, disposes of all claims and all parties. Once signed, it ends the case in the trial court and triggers appellate deadlines. Whether a summary judgment is interlocutory or final depends on its substantive effect rather than how the order is labeled.
Texas Summary Judgment Deadlines Under Rule 166a
Summary judgment practice in Texas is governed not only by substantive standards, but also by strict timing requirements. Texas Rule of Civil Procedure 166a establishes default notice and response deadlines tied to the summary judgment hearing date. Unless modified by court order, a motion for summary judgment and any supporting evidence must be filed and served at least twenty-one days before the hearing, and the nonmovant’s response and opposing evidence must be filed and served no later than seven days before the hearing.
Court Deadlines for Hearing and Ruling on Summary Judgment Motions
Texas courts are subject to mandatory timing requirements for the consideration and disposition of summary judgment motions. Under Texas Rule of Civil Procedure 166a(c-1), once a response to a motion for summary judgment has been filed, the trial court must either hear the motion or consider it without oral argument within 45 days.
After the motion is heard or taken under submission, the court must issue a written ruling within 90 days of the hearing date or the date the motion is considered without oral argument.
These deadlines apply regardless of whether the court conducts an oral hearing or rules based solely on the written submissions. The rule is designed to prevent summary judgment motions from remaining undecided indefinitely and to promote prompt resolution of dispositive issues.
In many cases, however, the court’s scheduling order alters when summary judgment motions may be filed or heard. Scheduling orders frequently impose dispositive-motion deadlines that operate independently of Rule 166a’s notice periods. When a scheduling order addresses summary judgment timing, it controls.
Because missing a summary judgment deadline can bar a motion or waive evidence, practitioners must evaluate both Rule 166a and the applicable scheduling order in every case.
Why Summary Judgment Is Not a Trial on the Merits
Summary judgment is fundamentally different from a trial. The court does not determine which evidence is more persuasive, resolve conflicts in testimony, or assess witness credibility. All reasonable inferences must be drawn in favor of the non-moving party.
If the evidence permits reasonable jurors to reach different conclusions on a material fact, summary judgment must be denied. The presence of a fact dispute, not the court’s view of the evidence’s strength, controls the outcome.
How Summary Judgment Fits Into the Texas Litigation Process
Summary judgment often serves as a critical inflection point in Texas civil litigation. It may dispose of claims entirely, clarify the legal landscape before trial, or significantly narrow the issues for a jury. Understanding what summary judgment is and what it can accomplish is essential before addressing the distinct procedural rules governing traditional and no-evidence summary judgment motions, including the deadlines and evidentiary burdens imposed by Rule 166a and any applicable scheduling order.