In Texas courts, motions are formal requests made by parties involved in a case to seek specific actions or rulings from the court. These motions can be filed at any stage of the legal process and are powerful tools for lawyers to request decisions on procedural or substantive legal issues. Motions play an essential role in litigation, allowing lawyers to address issues without the need for a full trial. Below are some of the most common types of motions used in Texas legal proceedings.
- Motion to Dismiss: When a Case Should Be Dismissed
A motion to dismiss is a request made to the court asking for the case to be dismissed due to insufficient evidence, lack of jurisdiction, or other legal reasons. In Texas civil cases, this motion is used when the plaintiff fails to state a valid claim, or when the court doesn’t have the authority to hear the case. If you’re facing a motion to dismiss in Texas courts, it’s important to consult with an attorney to determine the best response.
- Motion for Summary Judgment: Resolving a Case Without a Trial
A motion for summary judgment is filed when one party believes there is no genuine dispute over the material facts of the case. The party filing the motion argues that they are entitled to judgment as a matter of law, eliminating the need for a trial. Summary judgment motions, such as divorce and child custody matters, are common in both civil and family law cases in Texas.
- Motion to Compel: Enforcing Discovery Compliance
A motion to compel is a legal request asking the court to order the other party to comply with a discovery request. For example, it can be used to force the opposing party to turn over documents or respond to interrogatories. If you’re involved in a Texas lawsuit and the other party is refusing to comply with discovery, a motion to compel might be necessary to keep the case moving forward.
- Motion for Continuance: Postponing a Trial or Hearing
A motion for continuance is a formal request asking the court to delay a trial or hearing to a later date. This is typically done when one party needs additional time to prepare, or if there is a scheduling conflict. Texas courts allow motions for continuance in cases where there is a valid reason for the delay, such as the unavailability of key witnesses or important evidence.
- Motion to Strike: Removing Irrelevant or Improper Evidence
A motion to strike is a request to remove specific evidence, pleadings, or arguments from the record. This motion is used when a party believes that certain materials are improper, irrelevant, or prejudicial to the case. In Texas courtrooms, attorneys often file a motion to strike to protect their clients from unfair evidence that could harm their case.
- Motion for New Trial: Seeking a Second Chance After an Unfavorable Verdict
If a party believes that errors occurred during the trial—such as improper jury instructions, misconduct, or other legal issues—a motion for new trial can be filed. This motion asks the court to set aside the judgment and order a new trial. In Texas family law cases, for example, a motion for new trial might be filed after a divorce decree or custody order is issued if legal mistakes are identified.
- Motion in Limine: Limiting Evidence at Trial
A motion in limine is a pretrial motion that seeks to limit or exclude certain evidence from being presented at trial. This motion is often used to prevent prejudicial evidence that could confuse the jury or unfairly sway the judge. In Texas civil cases and family law disputes, motions in limine help ensure that only relevant and permissible evidence is considered during the trial.
- Motion for a Protective Order: Protecting a Party from Harassment
A motion for a protective order is filed when a party believes that a discovery request is too burdensome or could result in harassment. This motion requests that the court limit the scope of discovery or impose conditions to protect a party or witness from undue stress or harm. If you are involved in a Texas family law case and are concerned about privacy or harassment, a protective order may be a critical motion to consider.
- Motion for Enforcement: Enforcing Court Orders
A motion for enforcement is filed when one party believes that the other is not adhering to a court order. This is commonly used in family law cases involving child support, child custody, or spousal support when the other party has failed to comply with an existing court ruling. A motion for enforcement ensures that the court’s orders are followed and provides legal recourse for non-compliance.
- Motion to Modify
A motion to modify is filed when a party wants to change an existing court order, such as a custody order, visitation schedule or child support order. A motion to modify requests the court to change the existing court order and requires demonstrating a “substantial change in circumstances” since the last order was issued.
- Motion for Temporary Orders
A motion for temporary orders is filed to request temporary orders regarding custody, visitation, or child support while a case is pending. A motion for temporary orders is a legal request to a court to issue temporary orders in your family law case until a final order can be agreed to or ordered by the court.
Why Motions Are Essential in Texas Legal Cases:
Motions are essential in the Texas legal system because they help streamline the process and address important legal issues before trial. Whether you are seeking to dismiss a case, enforce a court order, or exclude improper evidence, motions are a critical tool in Texas courts for ensuring that your case is handled fairly and efficiently. The legal team with the Denis Law Group understands the process and importance of family law motions.
Contact a Texas Attorney for Help with Motions:
If you are involved in a legal matter in Texas and need help with motions, it’s important to consult with an experienced Texas attorney who understands how to navigate the court system. Whether it’s a motion for summary judgment in a divorce case, a motion to compel discovery in a child custody dispute, or a motion to strike evidence in a civil case, an attorney can help ensure your legal rights are protected. Book your consultation today with the Denis Law Group, we understand the process and here to help you understand it as well.