Practical Focus on Appellate Reality: Summary Judgment Proceedings


Texas has experienced a huge change in Texas summary judgment practice.  As of September 1, 1997, Texas has no-evidence summary judgments.  A party without the burden of proof at trial (usually the defendant), without having to produce any evidence at all, can move for summary judgment on the basis that the respondent (usually the plaintiff) has no evidence to support an element of its claim or defense.  For a review of summary judgment procedure generally see Hittner & Liberato, Summary Judgments in Texas, 34 Hous. L. Rev. 5 (1998).

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