Form 19-16

If applicable, incorporate the oral debt text as paragraph 3. of form 19-9 in this chapter.

Grounds for Summary Judgment—Oral Debt

            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.Plaintiff and Defendant entered into an oral agreement, as described in Plain­tiff’s original petition on file herein, under which Defendant became obli­gated to pay Plaintiff for certain goods, services, or money furnished to Defendant by Plaintiff, as evidenced by [describe evidence].

b.Plaintiff performed all his obligations under the agreement by delivering the specified goods, services, or money to Defendant, as evidenced by [describe evidence].

c.Defendant defaulted in payment of the debt created by the agreement, as evi­denced by [describe evidence].

d.The amount of $[amount] is due by Defendant to Plaintiff under the agree­ment, as evidenced by [describe evidence].