If your personal injury case in Texas goes beyond the insurance claim stage and into a lawsuit, you’re going to encounter motions in one form or another. Essentially, these are formal requests that either party can file with the court, asking a judge to take a specific action or to rule on a particular issue. They can shape the direction of your case long before a jury ever hears the facts.
Most people don’t think much about the procedural side of a lawsuit, but motions often determine whether your case moves forward. Learning about what they are and how they work can give you a much clearer picture of what’s happening behind the scenes, so read on for the information you should know about.
What Exactly Is a Motion?
A legal motion is a written request submitted to the court asking the judge to rule on a legal issue. It can be filed by either the plaintiff or the defendant at different stages of the case. Some motions address procedural matters, such as requesting more time. Others go straight to the heart of the case and ask the judge to throw out claims altogether.
In Texas personal injury cases, motions are governed by the Texas Rules of Civil Procedure. Some motions are decided solely on written submissions, while others require the parties to appear before the judge for oral argument or a hearing. Whether a hearing is necessary depends on the type of motion and the court’s procedures.
Motion to Dismiss
A motion to dismiss is one of the earliest motions the defense might file. Under Texas Rule of Civil Procedure 91a, the defendant can ask the court to dismiss your case if your claims have no basis in law or in fact. This motion targets the legal sufficiency of your petition rather than the evidence itself.
If the court grants the motion, your case could be thrown out before discovery begins. However, your attorney can respond to the motion and argue why your claims should survive. Courts generally give plaintiffs the benefit of the doubt at this stage, but a weak petition can still leave your case vulnerable.
Motion for Summary Judgment
This is one of the most common motions defendants file in Texas personal injury lawsuits. A motion for summary judgment asks the judge to rule in the defendant’s favor without going to trial. The argument is that there are no genuine disputes over the key facts, so a jury isn’t needed.
Types of Summary Judgment Motions in Texas
Texas recognizes two types of summary judgment motions. A traditional summary judgment requires the moving party to prove that they are entitled to judgment as a matter of law. A no-evidence motion for summary judgment takes a different approach. Instead of presenting proof, the defendant argues that the plaintiff has failed to produce sufficient evidence on one or more essential elements of their claim.
No-evidence motions are especially common in premises liability cases, where the defendant will often challenge whether the plaintiff can prove the property owner had knowledge of the hazard. Once this motion is filed, the burden shifts to the plaintiff to come forward with enough evidence to raise a genuine issue of fact. If they can’t, the court may dismiss the claim.
The deadlines here are strict. The motion must be filed and served at least 21 days before the hearing, and the response is due no later than seven days before. No oral testimony is allowed at the hearing itself, so the strength of your written evidence is what matters most.
Motion to Compel Discovery
During the discovery phase of your case, both sides exchange information with each other. If the other side refuses to cooperate or withholds documents they’re required to produce, your attorney can file a motion to compel. This asks the court to order the opposing party to hand over the requested material.
These motions are important because discovery often turns up evidence that can make or break your case. Medical records, internal communications, surveillance footage, and maintenance logs are just a few examples of what might be at stake.
Motion in Limine
Before the trial begins, either side can file a motion in limine to prevent certain evidence from being presented to the jury. The goal is to keep out information that could be unfairly prejudicial or misleading. For example, your attorney might file this motion to exclude evidence about a prior unrelated injury that the defense could use to confuse the jury about causation.
These motions don’t permanently bar the evidence. Instead, they require the opposing side to obtain the judge’s permission before raising the issue before the jury.
Contact a Dallas Personal Injury Attorney at Benton Accident & Injury Lawyers for a Free Consultation
If you’ve been injured in an accident and your case has moved into the litigation stage, the motions filed by both sides will play a major role in determining the outcome. A trusted Dallas personal injury lawyer will have the experience to anticipate what the defense will file and respond effectively at every turn.
Call Benton Accident & Injury Lawyers today at (214) 556-8321 for a free consultation with a Dallas personal injury lawyer to learn more about where your case stands. With our contingency fee structure, you only pay attorneys’ fees if you win compensation.
