Texas Motion To Dismiss Form For Summary Judgment

State:
Texas
Control #:
TX-G0435
Format:
PDF
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Description

The Texas motion to dismiss form for summary judgment is a legal document used to request the dismissal of a case based on specific grounds before trial. This form is crucial for attorneys and legal practitioners who aim to expedite court processes by arguing that there is no genuine issue of material fact, allowing for a judgment in their favor without needing a full trial. Key features of the form include fields for detailing the case background, the specific grounds for dismissal, and supporting arguments. When filling out the form, it is imperative to provide clear and concise information, adhering to court formatting rules. Attorneys, partners, owners, and associates can utilize this form to streamline litigation and potentially save costs by avoiding prolonged court proceedings. Paralegals and legal assistants can assist in preparing the form by gathering necessary evidence and ensuring compliance with filing protocols. Overall, this form is a valuable tool in the litigation arsenal, promoting efficiency and clarity in legal proceedings.
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  • Preview A08 Defendant's Motion to Dismiss With Prejudice
  • Preview A08 Defendant's Motion to Dismiss With Prejudice
  • Preview A08 Defendant's Motion to Dismiss With Prejudice
  • Preview A08 Defendant's Motion to Dismiss With Prejudice
  • Preview A08 Defendant's Motion to Dismiss With Prejudice

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FAQ

Permissive appeal is an option. Can get mandamus to order trial court to rule but generally not how to rule. Generally, courts do not allow mandamus relief to review the denial of a summary judgment motion. The Texas Supreme Court granted mandamus review to reverse a trial court's denial of a summary judgment.

Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.

The motion for summary judgment shall state the specific grounds therefor. Except on leave of court, with notice to opposing counsel, the motion and any supporting affidavits shall be filed and served at least twenty-one days before the time specified for hearing.

In Texas state court, there are two types of motions for summary judgment: (1) a traditional motion for summary judgment, and (2) a no-evidence motion for summary judgment. A traditional motion argues that the non-movant cannot recover on a claim as a matter of law.

3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.

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Texas Motion To Dismiss Form For Summary Judgment