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 "Dallas Texas Motion for Summary Judgment by Plaintiff for Breach of Contract" is a legal document filed in a court located in Dallas, Texas, by a plaintiff (the party who initiates a lawsuit) seeking a summary judgment in their favor for a breach of contract claim. This motion requests the court to rule in favor of the plaintiff without proceeding to a full trial, as there may be no genuine dispute of material facts in the case. Keywords: Dallas Texas, motion for summary judgment, plaintiff, breach of contract, legal document, court, lawsuit, summary judgment, trial, genuine dispute, material facts. Different types of "Dallas Texas Motion for Summary Judgment by Plaintiff for Breach of Contract" may include: 1. Traditional Motion for Summary Judgment: In this type of motion, the plaintiff presents a legal argument, supported by evidence, that no genuine issues of material fact exist and that they are entitled to judgment in their favor as a matter of law. 2. No-Evidence Motion for Summary Judgment: This motion asserts that the plaintiff, despite having the burden of proof, lacks sufficient evidence to support an essential element of their breach of contract claim. It challenges the opposing party to present evidence to create a genuine dispute on the factual issues. 3. Partial Motion for Summary Judgment: If the plaintiff's claim involves multiple issues, they may file separate motions seeking summary judgment for specific breach of contract claims or certain aspects of the case where they believe no genuine dispute of material facts exists. 4. Expedited/ Emergency Motion for Summary Judgment: In urgent situations, where immediate resolution is required, such as when there is a risk of irreparable harm to the plaintiff, they may file an expedited or emergency motion for summary judgment, requesting the court's prompt intervention. Please note that this is an informative description, and for accurate legal advice, it is always recommended consulting with a licensed attorney familiar with the specific laws and regulations in Dallas, Texas.A "Dallas Texas Motion for Summary Judgment by Plaintiff for Breach of Contract" is a legal document filed in a court located in Dallas, Texas, by a plaintiff (the party who initiates a lawsuit) seeking a summary judgment in their favor for a breach of contract claim. This motion requests the court to rule in favor of the plaintiff without proceeding to a full trial, as there may be no genuine dispute of material facts in the case. Keywords: Dallas Texas, motion for summary judgment, plaintiff, breach of contract, legal document, court, lawsuit, summary judgment, trial, genuine dispute, material facts. Different types of "Dallas Texas Motion for Summary Judgment by Plaintiff for Breach of Contract" may include: 1. Traditional Motion for Summary Judgment: In this type of motion, the plaintiff presents a legal argument, supported by evidence, that no genuine issues of material fact exist and that they are entitled to judgment in their favor as a matter of law. 2. No-Evidence Motion for Summary Judgment: This motion asserts that the plaintiff, despite having the burden of proof, lacks sufficient evidence to support an essential element of their breach of contract claim. It challenges the opposing party to present evidence to create a genuine dispute on the factual issues. 3. Partial Motion for Summary Judgment: If the plaintiff's claim involves multiple issues, they may file separate motions seeking summary judgment for specific breach of contract claims or certain aspects of the case where they believe no genuine dispute of material facts exists. 4. Expedited/ Emergency Motion for Summary Judgment: In urgent situations, where immediate resolution is required, such as when there is a risk of irreparable harm to the plaintiff, they may file an expedited or emergency motion for summary judgment, requesting the court's prompt intervention. Please note that this is an informative description, and for accurate legal advice, it is always recommended consulting with a licensed attorney familiar with the specific laws and regulations in Dallas, Texas.
