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Civil & Commercial Litigation

The No-Evidence Motion: A Texas Specialty

T. Maxwell Smith· January 27, 2026· 1 min read

After enough time for discovery, you can force the other side to produce proof on every element of its claim — or lose it.

Texas gives defendants a powerful tool: the no-evidence motion for summary judgment. It says, in effect, 'you have had time to find your proof; show it or the claim is gone.'

The claimant must then point to actual evidence on each challenged element. If it cannot, the court dismisses the claim. This is why a plaintiff who files without proof, hoping to find it later, takes a serious risk.

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