Preparing a Summary Judgment in State and Federal Courts

Business Lawyer, John McDuff

A motion for summary judgment is a critical juncture in any type of civil litigation. In a motion for summary judgment, the court will decide whether there are any material issues of fact in the case. If the court agrees that there are no disputed facts, the court can grant the moving party the relief they ask for without the need for trial. If substantial amounts of money are at stake, it is vital that your lawyer is able to develop a compelling motion for summary judgment or defend against one. I am Austin business lawyer John McDuff. I represent businesses throughout Central Texas in civil litigation.

In Texas state courts, the party moving for summary judgment has the burden of proving that there is “no genuine issue of material fact.” At this stage in the proceedings the court is required to take any evidence favorable to the nonmoving party as true, and to resolve any doubts as to the facts in favor of the nonmoving party. A defendant’s motion for summary judgment will be granted if it can “conclusively negate” one or more of the essential elements of the case. It is possible to request partial summary judgment as to certain claims in a case as well.

If the judge grants either party’s motion for summary judgment, the court will grant the successful party appropriate relief. This will end the case, unless the unsuccessful party wishes to appeal. Even if a court does not grant summary judgment, the court may still provide information as to how it views certain important issues in a case. This can lead to potential settlement between the parties.

Further, a successful motion for summary judgment may ultimately save clients time and money. I have more than 30 years’ experience litigating significant disputes and have drafted numerous summary judgment motions over this time. I have received the AV* rating under Martindale-Hubbell’s peer review system and have a comprehensive knowledge of the local court rules.

Contact Austin Business Litigation Attorney John McDuff

To learn more about my approach to summary judgment motions, please call 512.457.1177 or contact me online.

*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.

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