No Evidence Summary Judgments

The Texas Rules of Civil Procedure also permit a party to file what is called a no evidence-motion for summary judgment, which is controlled by Tex. R. Civ. P. 166a(i). The party may file such a motion without submitting any summary judgment proof after there has been an adequate time for discovery. The motion need only contend that there is no evidence of one or more essential elements of a claim or defense on which the adverse party would have the burden of proof at trial. The filing of such a motion shifts the burden to the respondent to produce summary judgment evidence which raises a genuine issue of material fact. If the respondent fails to produce component summary judgment evidence, the trial court is supposed to grant the summary judgment. A motion for a no-evidence summary is often filed along with a motion for a traditional summary judgment in what is call a hybrid motion for summary judgment.