Failure to Make Reference to a Deposition In a Judicial Document
In Guthrie v. Suiter, 934 S.W.2d 820, 826 (Tex.App.--Houston [1st Dist.] 1996, no writ), the First Court of Appeals considered a situation in which the proponent of the evidence attached a 500-page deposition to his response to a motion for summary judgment. See Guthrie, 934 S.W.2d at 825.
He failed to make any reference to the deposition in his response, and the trial court refused to consider the deposition as summary judgment evidence. See Guthrie, 934 S.W.2d at 826.
The court of appeals upheld the trial court's decision, reasoning that "the trial court should not be compelled to sift through a 500-page deposition to search for evidence supporting the contestants' contentions." Id.
The court of appeals relied on the Supreme Court's holding in Rogers v. Ricane Enterprises, Inc., 772 S.W.2d 76, 81 (Tex. 1989), that general references to a voluminous record do not direct trial courts and parties to evidence on which the movant relies. See id.