Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.
This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
A Texas Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal filing made by the plaintiff in a civil lawsuit where they allege that the defendant has breached a contract. This motion requests the court to issue a summary judgment in favor of the plaintiff without the need for a trial, based on the contention that there are no genuine issues of material fact and that the plaintiff is entitled to judgment as a matter of law. In Texas, there are several types of Motions for Summary Judgment applicable to breach of contract cases, including: 1. Traditional Motion for Summary Judgment: This motion is filed when there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law based on evidence provided. 2. No-Evidence Motion for Summary Judgment: This motion is filed when the moving party believes that the opposing party lacks sufficient evidence to support their claims or defenses. The purpose of this motion is to force the opposing party to present evidence or risk having the case dismissed. 3. Summary Judgment on Affirmative Defense: In some cases, the defendant may raise an affirmative defense that, if proven, could prevent liability for breach of contract. A plaintiff can file this motion to request a summary judgment on the affirmative defense, arguing that it lacks merit or is insufficiently supported by evidence. When filing a Texas Motion for Summary Judgment by Plaintiff for Breach of Contract, certain keywords should be utilized to ensure relevance: — Texas contract la— - Motion for Summary Judgment — Breaccontractac— - Plaintiff - Defendant — Civil lawsui— - No genuine issues of material fact — Judgment as a matter of la— - Evidence — Traditional Motion for Summary Judgment — No-Evidence Motion for Summary Judgment — Affirmativdefensens— - Affidavit - Discovery — Affidavit oseveratheftsts ctct— - Legal precedent — Material bre—ch - Damage— - Contractual obligations — Performancfailureur— - Contractual disputes — Contract interpretation Please note that legal matters can be complex, and it is always advisable to consult with a licensed attorney for specific legal advice and guidance.
