So who can file an application for summary judgment? In Texas, summary judgment petitions may be filed by either party in a Texas 166a civil proceeding case to terminate claims, counterclaims, or counterclaims. A summary judgment of the court is primarily based on the law. Therefore, a lawyer who understands the applicable case law regarding the underlying claims and can navigate the waters of extensive legal research is paramount to filing and winning a summary judgment claim. Consider the legal experience of the expert you are using. If you are working with someone who has little or no experience as a hired expert, additional time may be required to draft and finalize the statement. This may require additional meetings or phone calls, which must be factored into your schedule to complete the objection. Like the party submitting it, the opposing party submits a statement of facts that serves as a roadmap for its evidence and shows that questions of fact remain. The opposing party hopes that the court will reject a summary verdict and refer the case to an investigator, either a judge or a jury. An application for summary judgment is strongly permeated by legal arguments, particularly case law. Working with a legal expert to investigate cases, write briefs and argue orally is essential to responding to a request for summary judgment. So what exactly is summary judgment? What happens during and after the hearing? And what is the difference between a trial and a hearing? Let`s find out. What is an Application for Summary Ruling (YP) and how does it differ from a Request for Summary Ruling on Issues (SOSIP)? What documents can you expect and what is the purpose of each document? What does it mean to prepare an objection and what documents must be attached? What can you do to avoid last-minute fire drills, ensure the appeal is completed and filed on time, and how can you best support lawyers preparing the appeal? Ultimately, if the case goes to court, the jury must decide on the disputed facts. It is entirely possible that the plaintiff and defendant agree with all the facts, but disagree with their legal significance.
Going back to the example of medical error, for example, both parties may agree on what the defendant physician did, but they do not agree on whether it meets the standard of care. The expert statements that are part of the moving and opposing documents will support both parties` argument, and ultimately, a jury must clarify the issue and decide which expert to believe. Preparing an opposition to an MSJ/MSAI is not for the faint of heart. This requires a thorough understanding of the applicable laws as well as support staff with an equally deep understanding. If you take the time to understand the documents and their purpose, coupled with an understanding of the rules, you will become an indispensable part of your legal team. Their role in preparing the opposition is not just to govern the rules. You are part of the think tank and should not sell yourself too short. You are the eyes and ears of your lawyer and your clients` lawyers. Push yourself to be better, push the boundaries of your understanding, push your lawyers to be better, and encourage them to prepare their documents properly.
After all, the other party doesn`t necessarily know what they`re doing, and that could be their fatal mistake. In legal terms, a request is any petition that asks the court to act. For example, a motion may be made to ask the court to block evidence for a trial. Another request could ask the court to move the hearing to another courtroom. Once everything has been established and any glaring deficiencies have been identified, distribute copies of the application to the appropriate people in your office. This could be the partner or employee working on the case, as well as other legal assistants on your team who will help prepare the appeal. At this point, it is advisable to scan the documents into your computer system and start formatting the defense statements as usable text so that your lawyers can easily manipulate them in formulating their objections to the evidence. Knowing which documents need to be included in these types of applications will help you when you start processing the application. You can start by looking for glaring flaws, such as: the claimant`s failure to include a separate statement and bring it to the attention of your lawyers immediately so that it can be remedied either before the appeal deadline or in the opposition itself. The standard of law imposed by most courts requires the party seeking summary judgment to prove that “there are no real questions of fact of substance and that the requesting party is entitled to a judgment as of right”. Simply put, this means that the undisputed facts presented in a particular case entitle them to victory on the basis of existing law on the matter. It has happened to all of us.
You are living, as everyone would agree, a wonderful day; Their lawyers are in a good mood; They had only to put out ten fires instead of the usual fifty; There are no urgent projects that require your attention. And you say to yourself, “Nothing could ruin this day. You walk through your mailbox and wonder if there is anything interesting to do when you see it; this dreaded pile of papers, at least 400 pages long, piled against each other; A request for summary ruling! Immediately, the wheels in your head begin to turn, hearings, appeals, discoveries, experts, statements.
