What is the difference between a motion to dismiss and a motion for summary judgment?

A motion to dismiss and a motion for summary judgment are both legal tools used to end civil litigation processes. In the state of Texas, these motions are part of the civil procedure rules. A motion to dismiss is a formal request to the court saying that there is no reasonable legal basis for a lawsuit. This motion can be made early on in the litigation process, such as when a plaintiff has failed to state a legal cause of action or when a case is barred by a statute of limitations. The judge may grant the motion, resulting in the dismissal of the case, or may deny the motion. A motion for summary judgment is also a request to the court, but it is made later on in the litigation process. This motion is based on the argument that there are no material facts in dispute such that a trial is not necessary. The judge must consider the evidence presented by both parties and decide whether summary judgment should be granted or denied. Essentially, a motion to dismiss is an early attempt to end the litigation process, while a motion for summary judgment is a late attempt to end the litigation process. Both motions are legal tools and require the court to make a decision, but the timing of the motions and the way they are argued differ.

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What is the difference between a motion to dismiss and a motion for summary judgment?

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