Travis Texas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

State:
Multi-State
County:
Travis
Control #:
US-01923BG
Format:
Word
Instant download

Description

The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


Rule 56(e)(1) of the Federal Rules of Civil Procedure provides in part: "A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated."

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FAQ

You typically file a motion for summary judgment in Texas after the discovery phase of your case is complete. It's important to do this when you believe there are no disputed facts that require a trial. By strategically timing your motion, you increase your chances of success. Providing a Travis Texas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff reinforces your position and argument.

In Texas, you must provide at least 21 days' notice before a summary judgment hearing. This notice period allows the opposing party adequate time to prepare their response. When planning your hearing, utilizing the Travis Texas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff can communicate your position clearly. Proper notice ensures a transparent legal process.

A motion for summary judgment in Texas is a request asking the court to rule in favor of one party before a trial. The party filing this motion claims there are no significant facts in dispute, allowing for a decision based purely on the law. Using a Travis Texas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff helps strengthen your argument. This motion can save time and resources compared to a full trial.

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A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief they are requesting or when a responding party lacks a proper and precise defense to the assertion(s) brought against them by the Petitioner

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. (Id.)

Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.

A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief they are requesting or when a responding party lacks a proper and precise defense to the assertion(s) brought against them by the Petitioner

(1) TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT.

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Travis Texas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff