Pleadings and Motions
Dispositive Motions
A no-evidence motion, available in Texas and some other jurisdictions, identifies elements on which the non-movant bears the burden and asserts no evidence supports them. The respondent must produce evidence raising a fact issue.
The movant need not present evidence.
Alternative Names:
No-Evidence Summary Judgment, No Evidence Motion
Why it Matters?
The procedure is efficient because the movant carries no evidentiary burden, which makes it available after adequate time for discovery without assembling a record. Identifying the specific elements challenged is required, and motions asserting generally that the claim lacks support are denied. In jurisdictions without the device, the same result is achieved under Celotex by pointing to the absence of evidence.
Frequently Confused with
Related terms
Frequently asked questions
What must a no-evidence motion specify?
Is the device available federally?
