![]() ![]() Our Texas judgment collection attorneys fully understand how the process works and will do everything in their power to help you. Get Legal Help with Filing a Summary Judgment Motion TodayĪt the Law Offices of Seth Kretzer, our litigation attorneys are well-versed in the procedures for summary judgment and know precisely when to move for summary judgment. Therefore, a cross-motion for summary judgment is ‘using the filing party’s motion against them’ to achieve the opposite result. What Is a Cross-Motion for Summary Judgment?Ī cross-motion for summary judgment is basically a recasting or recharacterizing of the facts a party submits for summary judgment to show the opposite outcome is warranted, based on the same or substantially similar facts (occasionally, a few more points will be added). Working with an attorney expert in researching cases, drafting pleadings, and making oral arguments is crucial for responding to a motion for summary judgment. A summary judgment motion is heavily steeped in legal arguments, primarily case law. The opposing party hopes that the court will deny summary judgment and allow the case to proceed to a factfinder, either judge or jury. Like the filing party, the opposing party will submit a statement of facts serving as a roadmap to their evidence which shows that issues of fact remain. So, to successfully defeat a summary judgment motion, the opposing party will want to submit evidence showing that there are still issues of fact in dispute. The party responding to a motion for summary judgment by filing an opposition to a motion for summary judgment is trying to keep their claims or defenses alive. Responding to and Opposing a Motion for Summary Judgment Often a complex case with many claims can be reduced to just a handful of claims when the other side has fired multiple volleys of summary judgment. For example, parties may seek summary judgment on some issues, claims, or defenses in a case to help strengthen their position in the litigation and leverage a settlement from the other side. Motion for Partial Summary JudgmentĪ motion for partial summary judgment only attacks some of the issues in a case, meaning that the entire case will not end once the motion is decided. Any such evidence must be accompanied by a statement of facts, which serves as a roadmap to the evidence for the court to review to determine if summary judgment should be granted. To file a strong motion for summary judgment, a party will want to include facts that cannot be refuted – and these may come in the form of declarations, affidavits, deposition testimony, documents, admissions, and answers to interrogatories. In addition, if there are multiple plaintiffs or defendants, sometimes called “multi-party litigation.” Any of the litigants in the case may file a summary judgment motion as to those claims and defenses that pertain specifically to them. This means that the plaintiff, who brought the case to the court, or the defendant, who is defending themselves in the case, may file summary judgment motions to try to bring part of the case, or the whole case, to an end. ![]() Who Can File a Motion for Summary Judgment?Īny party in a case can file a motion for summary judgment through their attorney or cross-motion for summary judgment as part of a response to a motion for summary judgment. Therefore, an attorney who understands the applicable case law related to the underlying claims and can navigate the waters of deep legal research is paramount to filing and winning a summary judgment motion. A summary judgment determination by the court relies mainly on the law. So, who can file a motion for summary judgment? In Texas, summary judgment motions can be filed by any party in a case under Texas Rule of Civil Procedure 166a to bring an end to claims, counterclaims, or cross-claims. Therefore the case can be decided on the law alone. ![]() A motion for summary judgment may be filed when one side believes that the evidence gathered during discovery shows that there is no longer any dispute left in the facts. What Is a Summary Judgment Motion?Ī motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial. In this article, we’ll discuss who can file motion for summary judgment and how the whole process plays out in court. ![]()
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