October 4 – October 10, 2025
1 opinion this week
Supreme Court of Texas
The Texas Supreme Court held that summary-judgment evidence need only be on file at the time of the hearing to be considered under Tex. R. Civ. P. 166a(c), even if not physically attached to the motion. This decision reversed the court of appeals, which erred by refusing to address evidentiary challenges on forfeiture grounds when the parties agreed the evidence was on file.
Litigation Takeaway
“This opinion emphasizes that documentary evidence relevant in family-law cases, such as business valuations, tax returns, and attorney’s fee affidavits, are considered as long as they are on file and thus supports appellate court's consideration of evidence not physically attached to specific motions. It encourages seeking clarification instead of facing forfeiture if there is any uncertainty regarding on-file documents.”