Texas Motion for Summary Judgment by one Defendant
Description
Key Concepts & Definitions
A10 Motion for Summary Judgment by One Defendant: This is a legal motion filed by a single defendant in a multi-party case, requesting the court to rule in their favor without a trial. It asserts that there are no material facts in dispute requiring a trial for resolution, and that they are entitled to judgment as a matter of law.
Step-by-Step Guide
- Determine Eligibility: Review case documents and evidence to ensure that no factual disputes exist that might affect the outcome.
- Prepare the Motion: Draft the motion clearly stating the grounds for requesting the summary judgment, attaching all supportive evidence and affidavits.
- File the Motion: Submit the motion to the court, ensuring compliance with court rules and timelines.
- Serve the Motion: Legally serve all other parties involved in the lawsuit with the motion to inform them of the request for summary judgment.
- Attend the Hearing: Participate in the hearing, presenting arguments and responding to any opposing viewpoints.
- Obtain the Decision: Await the judge's ruling on the motion, which could potentially dismiss the case or specific claims against the filing defendant.
Risk Analysis
- Rejection of Motion: If the motion is not well-supported by facts and law, or if disputed facts exist, the court may deny it, prolonging the legal proceedings.
- Increased Costs: Preparing and arguing a summary judgment motion can lead to increased legal costs, especially if the motion is denied.
- Strategic Retaliation: Filing for summary judgment might provoke strategic counter-moves from other parties, impacting case dynamics and relationships.
Key Takeaways
- Understanding the legal foundation and requirements of an A10 motion for summary judgment is crucial for implementation.
- Thorough preparation and evidence collection are key to increasing the chances of a favorable ruling.
- Assessing the risks associated with filing such a motion can help in making informed decisions in multi-defendant scenarios.
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FAQ
The response to the Motion must be filed at least 7 days prior to any hearing. The Response should contain an affidavit specifically creating a fact issue in the case.
Motions filed, the percent of cases with motions granted in whole or in part, and the percent of cases terminated by summary judgment. The percentage of cases with summary judgment motions, averaged across the six courts in the study, has increased from approximately 12% in 1975, to 17% in 1985, to 19% in 1988.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.
The key to defeating a motion for summary judgment is to show the court that there are still facts in dispute. Summary judgment is only appropriate if none of the facts are disputed.
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.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
You cannot file a second motion dismiss. You have to raise it as an affirmative defense in your answer and present it with evidence at summary judgement or trial...
Unless the requirements of Code of Civil Procedure 437c, subdivision (f)(2), are met a party may not file a second summary judgment motion. The pertinent provision provides: However, a party may not move for summary judgment...
A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.