Philip Moore | Summary Judgments in Family Law

Melinda sits down with family law attorney Philip Moore to explain summary judgments and their role in family law cases. Summary judgments allow a judge to rule without a full trial when the facts aren’t in dispute, helping resolve cases quickly and efficiently.

Philip discusses how summary judgments are used in both divorce cases and post-divorce modification actions. They explore what constitutes a substantial change in circumstances for modifications, the types of motions available, and timing considerations under Texas rules. The episode also covers drafting strategies, how judges review summary judgments, and practical advice.

About the Guest:
Philip W. Moore, Jr. is a family law attorney of Moore Family Law practicing in Frisco, Tx. To contact, please call (214) 764-8033 or visit Frisco Divorce Attorney | Moore Family Law, P.C.


Key Takeaways About Summary Judgments in Family Law:
Definition: Summary judgments are a procedural tool used when the facts are undisputed and no genuine issue of material fact exists. The judge can rule as a matter of law without a trial.

Purpose: They help avoid jury trials, resolve cases early, and streamline litigation.

Applicable Cases: Used in divorce cases and post-divorce modifications.

Modifications: Only substantial changes qualify, such as serious health issues, abuse, or parent arrests. Normal life events like children aging, minor schedule changes, or remarriage usually do not meet the threshold.

Types of Motions:
Traditional Summary Judgment: Can be filed anytime after the party has appeared.
No-Evidence Motion: Can be filed when the opposing party has produced discovery; must be filed at least 21 days before the hearing.
Reply: Allows the moving party to respond if the opposing side has produced discovery that still fails to establish a material fact.

Drafting Considerations: Include statements, intentions, or acknowledgments regarding foreseeable changes when preparing orders.

Judge Preferences: Some judges prefer detailed written submissions, while others also allow oral presentations at the hearing.

Timeline Rules:
21 days’ notice before the hearing is required.
Responses are due 7 days before the hearing.
No strict deadline exists for replies to the response under Texas Rules of Civil Procedure.


Notable Quotes About Summary Judgements:

“Summary judgments are a way to resolve cases when the facts aren’t in dispute—saving time and avoiding a jury trial.”

“Only substantial, material changes rise to the level required for modification—things like health issues, abuse, or arrests, not minor life events.”

“Judges vary: some like to read all submissions in advance, others want a clear oral presentation at the hearing.”