What are the differences between a motion for summary judgment and a motion for judgment on the pleadings in civil litigation?

A motion for summary judgment and a motion for judgment on the pleadings are two proceedings that occur in civil litigation in Texas. The purpose of both is to resolve a case without going to trial. In order for the motion to be granted, the facts must be undisputed by the opposing party. A motion for summary judgment is a request to the court to make a judgment in a case based on the available evidence presented by both parties. This motion is filed when the two parties agree on the facts, but disagree on the legal conclusion. The court has the authority to grant the motion if the evidence presented is sufficient. A motion for judgment on the pleadings is a request to the court to make a ruling based solely on the pleadings already filed with the court. This motion is used when the facts are not in dispute, but the parties disagree on the legal conclusion. The court must determine if the facts as presented support the legal conclusion. In both motions, the court has the authority to grant the motion and resolve the case without going to trial. However, the standard is different for each. In a motion for summary judgment, the evidence must be sufficient, while in a motion for judgment on the pleadings, the court must determine to what extent the facts as presented support the legal conclusion.

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