[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [San Antonio State Court] [San Antonio, Texas] Subject: Proposed Order Granting Summary Judgment in the Case of [Plaintiff's Name] v. [Defendant's Name], Case No. [Case Number] Dear Honorable [Judge's Name], I trust this letter finds you in good health and high spirits. I am writing to submit a Proposed Order for the granting of Summary Judgment in the aforementioned case. Kindly consider this submission an extension of my Motion for Summary Judgment, which was previously filed with the court. [Provide a brief summary of the case, including the plaintiff's claims and the defendant's defenses. Highlight the key facts and legal arguments supporting your request for Summary Judgment.] Based on the undisputed material facts and legal merits of this case, I respectfully request the court to grant Summary Judgment in favor of the [Plaintiff/Defendant], [Name of Party Seeking Summary Judgment]. The facts and applicable law essentially dictate that no genuine dispute exists regarding the essential elements of the claims/defenses in this case. [Optional: If relevant, briefly mention the legal standards and legal authority supporting your request for Summary Judgment.] In light of the above, I have prepared a Proposed Order Granting Summary Judgment to assist the court in promptly resolving this matter in accordance with the law. The Proposed Order, attached herewith, reflects the findings, conclusions, and relief sought by [Plaintiff/Defendant]. [Optional: If applicable, briefly address any potential opposition or objections raised by the opposing party, emphasizing their lack of legal merit or factual basis.] If the court finds the arguments, facts, and law presented in support of Summary Judgment persuasive, I kindly request the court to adopt and execute the Proposed Order, or to make any necessary modifications to ensure proper compliance with the law. I appreciate the court's attention to this matter and look forward to a just and timely resolution. Should the court require any further information or clarification, please do not hesitate to contact me at the above-mentioned contact details. Thank you for your time and consideration. Sincerely, [Your Name]
San Antonio Texas Sample Letter for Proposed Order Granting Summary Judgment
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FAQ
There are two main ways pro se litigants can file documents with the court. The first way is to file a document either in person or by mail. The second way is to file a document electronically if the litigant has access to a computer and the internet.
A defendant can apply for summary judgment at any time, but typically this is done at the first Case Management Conference (CMC). Any application for summary judgment should be made after acknowledgment of service. If no acknowledgment is served, permission of the court is needed.
A defendant can apply for summary judgment at any time, but typically this is done at the first Case Management Conference (CMC). Any application for summary judgment should be made after acknowledgment of service. If no acknowledgment is served, permission of the court is needed.
A motion for summary judgment (sometimes called an MSJ) is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party.
In a summary judgment proceeding, the nonmovant is entitled to 21-days notice of the hearing or submission.
Primary tabs. A motion asking the court to issue summary judgment on at least one claim. If the motion is granted, a decision is made on the claims involved without holding a trial.
A party must respond within 30 days from service of the request, unless the defendant is served before its answer is due, in which event, defendant has 50 days after service to respond.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
Summary judgment motions do have a timeline for filing and response. First, a summary judgment motion must be on file at least 21 days before it can be heard. (TRCP 166a) Second, any opposing affidavits or written response should be on file no later than 7 days before the hearing.
There are two types of motions for summary judgment- traditional and no evidence.
