What is a dispositive motion in civil law?
A dispositive motion in civil law is a request to a court to make a decision on a case without going to trial. This motion seeks to have the court decide on the various claims made by the parties in the case, which could result in either the dismissal of the case or the judgement of one party over the other. This motion can be filed by either the defendant or the plaintiff and is usually done during the discovery phase of the case. In Texas, dispositive motions are typically handled by way of motion for summary judgement and can generally be used in any case, including those involving contracts, property, and civil torts. These motions are often used by lawyers in Texas because they can help to conclude a case more quickly and efficiently by avoiding a lengthy and costly trial. To make a dispositive motion, the requesting party must submit a statement of facts to the court providing evidence to support dismissal of the case or the judgement of one party over the other. The opposing party will then have an opportunity to submit a response to these facts before a judge will make a decision. If the judge agrees with the motion, the lawsuit will be dismissed or judgement will be awarded to the successful party without further need for a trial.
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