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Motion for Summary Judgment on Behalf of Defendant

Bexar Texas Motion for Summary Judgment on Behalf of Defendant

Name: Bexar Texas Motion for Summary Judgment on Behalf of Defendant
Brand: US Legal Forms
Rating: 4.85 (347 reviews)

Category:

Civil Actions - Personal Injury - Sample Motions

State:

Multi-State

County:

Bexar

Control #:

US-PI-0269

Format:

Instant download

Description

This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.

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FAQ

The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.

A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties' claims or defenses before trial.

An application for summary judgment can be made by a claimant, defendant, counterclaimant or other party to an additional claim.

When can you apply for summary judgment? A person can apply for summary judgment at any time and in any proceedings (save for the limited examples in CPR 24.3(2)). If a claimant wishes to apply before the defendant has acknowledged the claim or filed its defence, permission from the court is required (CPR 24.4).

Summary judgment is an application that can be brought during proceedings if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.

Either a plaintiff or a defendant may move for summary judgment on all or part of a claim or defence. Rule 20.04(2) of the Rules of Civil Procedure provides that the court shall grant summary judgment if: ?the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence?.

A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise.

While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.

According to Rule 166a, a summary judgment should be filed and served no less than 21 days before the hearing. Any response to the summary judgment is due no less than 7 days before the hearing. A party may file a reply to a response, but there is no set time limit for doing so.

More info

(m) "Default Judgment" is a judgment awarded to a plaintiff when the defendant fails to answer and dispute the plaintiffs claims in the lawsuit. And on Behalf of the Estate of Martha Ray Zacharie, Deceased,.GREG ABBOTT, ATTORNEY GENERAL OF TEXAS, Defendant ? Northern District of Texas Opinion granting motion for summary judgment for Defendant Kaufman. County, Texas dated October 4, 2016 . You are not being sued. Can a landlord bring an eviction lawsuit in a Texas small claims court? Lawsuit filed on behalf of Vote. (Dkt. Summary Judgment in Your Favor .

Bexar Texas Motion for Summary Judgment on Behalf of Defendant

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