What is a motion for summary judgment in civil law?

A motion for summary judgment in civil law is a request to a court to decide a case without a trial. This motion is filed when one party believes there is no dispute of material facts and they are entitled to judgment as a matter of law. In Texas, either party in a lawsuit can file a motion for summary judgment. To make a motion for summary judgment in Texas, the party must serve written notice to the other party and the court. The motion must include a summary of the facts of the case and references to the evidence law. After service, the other party must respond to the motion. The court will look at all the evidence and documentation to decide if summary judgment is appropriate. The court will consider the pleadings and all admissible evidence presented to it. If the court determines that the evidence effectively proves that one party is entitled to judgment as a matter of law, it will grant a motion for summary judgment. If the court denies the motion for summary judgment, the parties will proceed to trial where the court will make a ruling after hearing all of the evidence. Motions for summary judgment are typically used to speed up the civil litigation process. Summary judgment allows for an expedited resolution and helps both parties avoid the time and expense of a trial.

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