When I was one-and-twenty, I heard a wise man say . . .

June 12, 2017

prime timeA quick reminder on summary judgment procedure appears in Autosource Dallas LLC v. Addison Aeronautics LLC:

  • “A movant is required to provide twenty-one days’ notice when setting a summaryjudgment. This twenty-one day requirement is designed to give
    the nonmovant sufficient time to prepare and file a response for the original setting.”
  • “The twenty-one-day notice requirement does not however apply to a resetting of the hearing, so long as the nonmovant received twenty-one days’ notice of the original hearing.”
  • For a recheduled hearing, the movant “needed only to give reasonable notice that the hearing on its summary judgment had been rescheduled. Reasonable notice means at least seven days before the hearing because a nonmovant
    may only file a response to a motion for summary judgment not later than seven days prior to the date of the hearing without leave of court.”

No. 05-16-00838-CV (June 9, 2017) (mem. op.)