summary judgment defined

Bringing down the house of cards

one Pro Se at a time.

Summary Judgment Defined

Most litigants finding themselves in court or being sued for the first time often here of the phrase "motion for summary judgment." Under Texas rules of civil procedure a party to a litigation or lawsuit can move or motion the court to grant it judgment or victory regarding the movant's claims if there are no genuine issues of material fact. In other words, the facts of the case are so in favor of the party moving for judgment that the court must grant summary judgment without having a full trial on the merits.

Under well- settled standards for summary judgment in Texas, and in a traditional motion for summary judgment, the party moving for summary judgment has the burden of showing there is no genuine issue of material fact and that he, she or it is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Swilley v. Hughes, 488 S.W.2d 64, 67 (Tex. 1972). A defendant moving for a traditional summary judgment has the burden of proving all essential elements of his defense as a matter of law. Black v. Victoria Lloyds Ins. Co., 797 S.W.2d 20, 27 (Tex. 1990). By contrast, when a party moves for summary judgment under rule 166a(i), asserting that no evidence exists as to one or more elements of a claim on which the nonmovant would have the burden of proof at trial, the burden is on the nonmovant to present enough evidence to raise a genuine issue of material fact on each of the challenged elements. Tex. R. Civ. P. 166a(i); Gen. Mills Rest., Inc. v. Tex. Wings, Inc., 12 S.W.3d 827, 832 (Tex. App.-Dallas 2000, no pet.). If the nonmovant fails to do so, the trial judge must grant the motion. Id.

DISCLAIMER:The author is not an attorney and is not rendering legal ,financial, or other professional services. The information contained on this web site is the author opinion based on his personal experience. If you need legal advice, consult a competent attorney.

Bringing down the house of cards

one Pro Se at a time.

Pro-Se-info

Bringing down the house of cards

one Pro Se at a time.

Pro-Se-info