What is a motion for summary judgment?
A motion for summary judgment is a legal request that is made by one party in a civil lawsuit asking the court to decide the case without a trial. This is done when there are no disputed facts, and only legal issues remaining in the case. It is a way to speed up the legal process and avoid costly trials. In Texas, a motion for summary judgment is typically used when a party to a case believes there is no dispute over facts, and that the court can decide the case as a matter of law. The party making the motion must prove that there is no dispute over the facts of the case, and must present legal authority that supports their position. The opposing party is allowed to object to the motion and present any facts or evidence that disputes the motion. If the court agrees with the motion, it renders a summary judgment in favor of the party who made the motion. This judgment is a decision in the case and will serve as the final outcome unless it is overturned on appeal. Generally, summary judgment is granted if the court finds that the facts are undisputed and that there is no dispute as to what the law says. This is a swift and efficient way to resolve a case without going through a trial.
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