What Is a 'No-Evidence Motion for Summary Judgment' (TRCP 166a(i)) in Texas Civil Courts?
Direct Answer Under Texas Law
Under Texas Rule of Civil Procedure 166a(i), after 'adequate time for discovery,' a defendant can file a two-page 'No-Evidence Motion for Summary Judgment' without attaching a single piece of evidence—simply asserting that there is no evidence of one or more specific essential elements of the plaintiff's claim (for example, 'there is no evidence Wal-Mart had actual or constructive notice of the spill' or 'there is no evidence of gross negligence'). Under Rule 166a(i) and King Ranch v. Chapman, 118 S.W.3d 742 (Tex. 2003), the trial court MUST grant the motion and dismiss the claim unless the plaintiff files a timely written response at least 7 days before the hearing attaching 'more than a scintilla of probative evidence' raising a genuine issue of material fact!
Critical Texas Procedural Trap to Watch Out For
Missing the 7-day-before-hearing summary judgment response deadline under TRCP 166a(c)/(i)—or attaching unauthenticated documents without an affidavit or discovery-production certificate under TRCP 193.7—results in mandatory dismissal of your case without ever seeing a jury!
Recommended Action Plan for Texas Claimants
Calendar the 7-day pre-hearing response deadline the instant a TRCP 166a(i) motion is served, and invoke TRCP 193.7 (self-authentication of documents produced by the opposing party) for all defense records attached to your response.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. R. Civ. P. 166a(c) (Traditional) & 166a(i) (No-Evidence Summary Judgment) and controlling Texas appellate precedent in King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003); Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. R. Civ. P. 166a(c) (Traditional) & 166a(i) (No-Evidence Summary Judgment) and how Texas courts apply King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003); Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004) in your county's appellate district.
- Beware of the Texas Procedural Trap: Missing the 7-day-before-hearing summary judgment response deadline under TRCP 166a(c)/(i)—or attaching unauthenticated documents without an affidavit or discovery-production certificate under TRCP 193.7—results in mandatory dismissal of your case without ever seeing a jury!
- Execute the Texas Action Plan: Calendar the 7-day pre-hearing response deadline the instant a TRCP 166a(i) motion is served, and invoke TRCP 193.7 (self-authentication of documents produced by the opposing party) for all defense records attached to your response.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is a 'No-Evidence Motion for Summary Judgment' (TRCP 166a(i)) in Texas Civil Courts?
Under Texas Rule of Civil Procedure 166a(i), after 'adequate time for discovery,' a defendant can file a two-page 'No-Evidence Motion for Summary Judgment' without attaching a single piece of evidence—simply asserting that there is no evidence of one or more specific essential elements of the plaintiff's claim (for example, 'there is no evidence Wal-Mart had actual or constructive notice of the spill' or 'there is no evidence of gross negligence'). Under Rule 166a(i) and King Ranch v. Chapman, 118 S.W.3d 742 (Tex. 2003), the trial court MUST grant the motion and dismiss the claim unless the plaintiff files a timely written response at least 7 days before the hearing attaching 'more than a scintilla of probative evidence' raising a genuine issue of material fact! Key Texas Trap to Avoid: Missing the 7-day-before-hearing summary judgment response deadline under TRCP 166a(c)/(i)—or attaching unauthenticated documents without an affidavit or discovery-production certificate under TRCP 193.7—results in mandatory dismissal of your case without ever seeing a jury!
What Texas statute and Supreme Court / appellate precedent control texas no-evidence summary judgment (trcp 166a(i))?
This question is governed in Texas by Tex. R. Civ. P. 166a(c) (Traditional) & 166a(i) (No-Evidence Summary Judgment) and the legal standards articulated in King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003); Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004). Recommended step: Calendar the 7-day pre-hearing response deadline the instant a TRCP 166a(i) motion is served, and invoke TRCP 193.7 (self-authentication of documents produced by the opposing party) for all defense records attached to your response.
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