If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What is a summary judgment and how could one affect your Texas family law case?Divorce Lawyer in Houston: A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is requesting or when a responding party lacks a proper and clear defense to the assertion(s) brought against him or her by the Petitioner.Basically, if one party or the other doesn’t have a leg to stand on as far as their case’s arguments are concerned then the opposing party can file a motion for summary judgment in an attempt to dispose of the case.If you are involved in a family lawcase and the opposing party is making assertions and arguments that are not backed by sufficient evidence then you can file a motion for summary judgment.
Likewise, if your case is instead heading to mediation you have an advantage due to your having removed certain issues from the negotiating table.
If you are attempting to settle on a particular issue and you remove other avenues for your opposing party to argue about, then your chances of settling increase dramatically.No evidence motion for summary judgmentThere are two types of motions for summary judgment- traditional and no evidence.
For the purposes of today’s blog post we will focus on no evidence motions for summary judgment.
If you are motioning the court to grant your request for no evidence summary judgment, you are essentially stating to the judge that there is no evidence to support a claim or claims of your opposing party.Since the burden of proof is on your opposing party to do so, you are merely pointing out that the party will be unable to meet the burden at trial and as a result the claim needs to be disposed of now rather than later.Once the parties have had a chance to seek discovery responses from the opposing side, you can file a motion for summary judgment in the event that there is no evidence available to support a claim or defense that the other side is attempting to argue.
You must go through the claim being asserted by the opposing party and state specifically where their evidence is either faulty or insufficient.The beauty (from the perspective of the filing party) is that you do not have to present any evidence.