What is a motion for summary judgment?

A motion for summary judgment is a legal action that can be taken in a court of law in Texas. It is used to ask the judge to make a decision in a case without a trial. The purpose of a motion for summary judgment is to establish that there is no issue of material fact at stake, meaning that all parties to the case agree on the facts of the dispute. This is especially helpful when a dispute arises out of a contract, and both parties agree to the facts of the dispute but disagree on a legal interpretation. In such a situation, the party making the motion for summary judgment can point to the agreed upon facts and ask the court to rule that they are entitled to judgment on the basis of those facts without the need for a trial. The court will then consider the motion and decide whether to grant it. If the motion is granted, the case may end without a trial. In Texas, such motions are filed in the court where the case is being heard. The motion must include a statement of facts and legal argument, along with any evidence to support the motion. After filing the motion, the filing party must serve it on the other side and provide them with an opportunity to respond. The court may then hear arguments from each side of the dispute, and make a ruling on whether to grant or deny the motion.

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