61ST COURT PROCEDURES REGARDING SUMMARY JUDGMENTS
Motions for Summary Judgment are heard by submission only unless otherwise requested by the parties.
PER RULE 166A: Motions for Summary Judgment must be heard within 60 days of filing. If a Motion for Summary Judgment is not set or heard within 60 days, it will be automatically denied without prejudice.
Hearings and submission settings for Motions for Summary Judgment cannot be passed via e-mail or phone call. If a party wishes to withdraw their pending motion for summary judgment and cancel the hearing, they must file a notice withdrawing the motion and a proposed order granting the withdrawal. If a party wishes to reset an oral hearing or submission setting on a Motion for Summary Judgment, they must file an affidavit or declaration indicating why the hearing needs to be moved.
If the reset is granted, the motion MUST be heard within 90 days of filing, or the motion will be automatically denied without prejudice.
Do not wait until the last minute to file your motion or request a hearing. (See Texas Rules of Court 166a(c) for notice requirements.)
Summary judgments must be heard at least one month before trial. Late-filed summary judgments will be addressed at the Court’s discretion.
Motions and responses should identify specific deposition testimony relied upon to support a position, rather than simply attaching a deposition.
Proposed orders granting summary judgments should include all relief requested. Motions should show how damages are calculated and provide supporting evidence. For example, in a case involving a breach of a credit card agreement, the plaintiff should provide evidence showing how the plaintiff calculated the amount due by the debtor.
A hearing may be requested on Summary Judgment motions by any party by filing a written request with the Court.
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