Form 19-9

Ordinary summary judgment for a claimant is appropriate if pleadings and admissible summary judg­ment evidence demonstrate that there is no genuine issue of material fact (see sections 19.41 and 19.42 in this chapter) and the plaintiff is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c). The motion is discussed at section 19.43.

Alternative grounds for paragraph 3. of this form are at forms 19-10 through 19-15. The grounds should be amended as appropriate to fit the facts of the case.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Plaintiff’s Motion for Summary Judgment

1.Parties.      Plaintiff is [name of plaintiff], who, pursuant to the provisions of rule 166a(a) of the Texas Rules of Civil Procedure, moves for summary judgment against [name of defendant], Defendant in this cause.

2.Nature of Suit.      This cause is a suit [describe action, e.g., on a written debt and for foreclosure of a security interest] plus interest, attorney’s fees, and costs of court, as shown in Plaintiff’s original petition on file in this cause, which is incorporated by reference in this motion.

3.Grounds.

Because there is no genuine issue of any material fact in this cause, Plaintiff is entitled to a summary judgment herein as a matter of law.

4.Alternative Partial Summary Judgment.      If summary judgment for Plaintiff is not rendered on the entire cause or for all relief requested, and if a trial is necessary on some of the issues in this cause, Plaintiff requests the Court, after examining the pleadings and summary judgment evidence before it and interrogating counsel to ascertain those material facts that are in good faith actually controverted, to make an order specifying those facts that appear to be without substantial controversy and directing such further proceedings in the action that are just.

5.Attorney’s Fees.      As shown by Plaintiff’s original petition on file in this cause, Plaintiff has pleaded for attorney’s fees

in a reasonable amount as provided by applicable statute.

based on the provision for reasonable attorney’s fees contained in the note or agreement on which this cause is founded.

in the amount of [percent] percent of principal and interest due as provided in the note or agreement on which this cause is founded.

in the amount of $[amount] as specifically provided in the note or agreement on which this cause is founded.

There is no genuine issue of fact about the basis for recovery of attorney’s fees in this cause or about the amount thereof, and as a matter of law Plaintiff is entitled to recover attor­ney’s fees as alleged in Plaintiff’s original petition on file herein and as evidenced by Attor­ney’s Affidavit in Support of Fees attached hereto.

Plaintiff is entitled to recover attorney’s fees as alleged in Plaintiff’s original petition on file herein and as evidenced by Attorney’s Affidavit in Support of Fees attached hereto, and the issue of attorney’s fees should be set for hearing and should be heard by the Court immediately following the hearing on this Motion for Summary Judgment.

6.Use of Unfiled Discovery Documents.      Plaintiff hereby gives notice of his intent to use unfiled discovery documents attached hereto as Exhibit [exhibit number/letter].

7.Prayer.      Plaintiff prays that—

a.the Court set this matter for hearing;

b.Plaintiff be granted summary judgment for $[amount] on the debt owed Plaintiff; or alternatively, should the Court find some facts to be controverted, Plaintiff be granted a partial summary judgment specifying those facts that appear to be without substantial controversy;

c.Plaintiff be granted summary judgment for prejudgment interest, postjudg­ment interest, and costs of court, all as prayed for in Plaintiff’s original peti­tion on file herein;

d.Plaintiff be granted summary judgment for attorney’s fees as prayed for in Plaintiff’s original petition on file herein; or alternatively, the Court set a hearing on the matter of attorney’s fees, to be held immediately following the summary judgment on this cause, and after the hearing Plaintiff be granted an order setting the amount of attorney’s fees to be awarded; and

e.Plaintiff be granted all further relief to which Plaintiff may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]