Form 19-10

If applicable, incorporate one of the two alternatives below as paragraph 3. of form 19-9 in this chap­ter. See section 19.45 regarding motions for summary judgment on sworn accounts.

Grounds for Summary Judgment—Sworn Account

            3.      Grounds.      This motion is based on the pleadings on file in this cause. Defendant has failed to comply with the requirements of rules 93(10) and 185 of the Texas Rules of Civil Procedure in that Defendant’s answer is not a timely filed sworn pleading, verified by and supported by affidavit, denying the account that is the foundation of Plaintiff’s cause of action. As a matter of law, therefore, there is no genuine issue of any material fact with respect to Plaintiff’s cause of action on sworn account, and Plaintiff is entitled to a judgment against Defendant as prayed for in Plaintiff’s original petition.

            3.      Grounds.      The pleadings, affidavits, and discovery documents, such as deposition transcripts, answers to interrogatories, and admissions, on file herein or attached hereto show that there is no genuine issue as to any material fact in this cause, in that—

a.In the usual course of business, Plaintiff sold and delivered to Defendant cer­tain goods or services, as evidenced by [describe evidence, e.g., Defendant’s answers to Plaintiff’s Written Interrogatories numbers 6 and 7].

b.The statement of account attached to Plaintiff’s original petition on file herein accurately describes each item of goods or services delivered by Plaintiff to Defendant, the price of each such item, and the delivery date of each such item, as evidenced by [describe evidence].

c.The price for each item of goods or services was [agreed to by Defendant/the usual and customary price for similar items], as evidenced by [describe evi­dence].

d.The above-described account has not been paid, as evidenced by [describe evidence].