Is there a deadline to file a summary disposition in a civil lawsuit in Texas ?

2 views 1 answers
Sorry, a summary judgment motion filed only two days before the hearing must be denied. If for some reason the court were to grant the motion, even without objection from the opposing side, the judgment would be overturned on appeal. Not only is the hearing and notice untimely, but the opposing side literally could not have filed their response, which is due 7 days before the hearing (i.e. 5 days before the motion was filed in your example ). Summary judgments are technical, and many lawyers do not do them well. You have virtually no chance at winning a summary judgment (as either the movant or the respondent) without an attorney to represent you.

Attorney Answer

1
Teri Walter ·
Sorry, a summary judgment motion filed only two days before the hearing must be denied. If for some reason the court were to grant the motion, even without objection from the opposing side, the judgment would be overturned on appeal. Not only is the hearing and notice untimely, but the opposing side literally could not have filed their response, which is due 7 days before the hearing (i.e. 5 days before the motion was filed in your example ). Summary judgments are technical, and many lawyers do not do them well. You have virtually no chance at winning a summary judgment (as either the movant or the respondent) without an attorney to represent you.
0 upvotes