TCT.2.11.030 Summary Judgment

At any time not barred by a scheduling order in the case, a party may move for summary judgment on any claim, counterclaim, cross-claim or third-party claim, which shall be granted if the pleadings, depositions, answers to interrogatories, admissions, and evidentiary affidavits on file show that there is no genuine issue as to any material fact and that the moving or opposing party is entitled to judgment as a matter of law. The court may, in its discretion, hold a non-evidentiary hearing on the motion. Any material upon which the motion is based which is not on file at the time of the filing of the motion shall be filed with the motion. Any counter affidavits or other material in opposition to the motion shall be filed and served within the time set by scheduling order, or if none is in effect, no more than 21 days after service of the motion and supporting papers on the responding party. If the court holds a hearing on the motion, it shall be no sooner than five days after the last date allowed for filing responsive materials. Interlocutory summary judgment may be entered on some but not all claims or issues in a case. The court may enter summary judgment in favor of a party even though the party has not moved for summary judgment, if the materials submitted in support of and opposition to another party's motion for summary judgment show that summary judgment is appropriate under the standards set by this section.