What is the motion stage of civil procedure?
The motion stage of civil procedure is an important part of the civil lawsuit process in Texas. This stage happens after both parties have engaged in discovery – the process of gathering evidence and facts. During the motion stage, both parties can make motions to the court to get certain rulings or decisions. One type of motion is a motion for summary judgment. When a party files this kind of motion, they are asking the court to end the case without going to trial. The party who requests summary judgment is claiming that there are no issues of fact that need to be decided by a jury, so it should be dismissed. Another type of motion that can be made during this stage is a motion to dismiss. In this motion, the party is asking the court to dismiss the case with prejudice, which means the case cannot be brought to court again. This motion is typically filed when a party feels the plaintiff’s claims do not have enough evidence or merit to make a case in court. Additionally, parties can file what’s known as a motion in limine. This motion is typically used to keep certain evidence from being presented in court or to keep certain witnesses from testifying. The motion in limine must be made before the trial begins, as the court cannot hear this motion during the trial. The motion stage of civil procedure in Texas is an important part of the civil lawsuit process, as it allows parties to make requests to the court to determine how the case should move forward.
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