In addition, if there are multiple plaintiffs or defendants, sometimes called “multi-party litigation.” Any of the litigants in the case may file a summary judgment motion as to those claims and defenses that pertain specifically to them. This means that the plaintiff, who brought the case to the court, or the defendant, who is defending themselves in the case, may file summary judgment motions to try to bring part of the case, or the whole case, to an end. Who Can File a Motion for Summary Judgment?Īny party in a case can file a motion for summary judgment through their attorney or cross-motion for summary judgment as part of a response to a motion for summary judgment. Therefore, an attorney who understands the applicable case law related to the underlying claims and can navigate the waters of deep legal research is paramount to filing and winning a summary judgment motion. A summary judgment determination by the court relies mainly on the law. So, who can file a motion for summary judgment? In Texas, summary judgment motions can be filed by any party in a case under Texas Rule of Civil Procedure 166a to bring an end to claims, counterclaims, or cross-claims. Therefore the case can be decided on the law alone. A motion for summary judgment may be filed when one side believes that the evidence gathered during discovery shows that there is no longer any dispute left in the facts. What Is a Summary Judgment Motion?Ī motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial. In this article, we’ll discuss who can file motion for summary judgment and how the whole process plays out in court.
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