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Texas Rule Of Civil Procedure 166a(I): A New Weapon For Texas Defendants Comment., Robert W. Clore
Texas Rule Of Civil Procedure 166a(I): A New Weapon For Texas Defendants Comment., Robert W. Clore
St. Mary's Law Journal
This Comment analyzes the Texas Rule of Civil Procedure 166a(i) for a “no evidence” motion and discusses its likely application in Texas courts. Part II reviews summary judgment practice in federal and Texas state courts in order to determine the likely construction of the new rule. Part III discusses Rule 166a(i) and explores the role of litigation reform in shaping the no-evidence motion. This part also addresses the procedural shortcomings of the new rule and compares Rule 166a(i) with federal summary judgment practice. Part IV assesses whether Rule 166a(i) violates the Texas Constitution by denying citizens the right to a …