Texas Court Reporter Practice Exam

What is the purpose of filing a motion for summary judgment?

1. To request a new trial

2. To require the opposing party to perform an act

3. To assert that there are no real issues of fact to be decided at trial

4. To appeal a court decision

The correct answer is: To assert that there are no real issues of fact to be decided at trial

The purpose of filing a motion for summary judgment is to assert that there are no real issues of fact to be decided at trial. This legal motion is used by a party to argue that based on the evidence presented, there is no need for a trial because the facts are undisputed and the law is on the side of the party making the motion. Essentially, it aims to resolve the case without going through the lengthy and resource-intensive process of a trial, saving time and money for both the court and the parties involved. By demonstrating that there are no material facts in dispute and that they are entitled to judgment as a matter of law, the party seeks a favorable ruling from the court. If the court agrees, it will grant the motion and render a judgment in favor of the moving party, effectively ending the case without the need for trial. Other options include requesting a new trial, which is not relevant in this context as summary judgment is about deciding a case without a trial; requiring the opposing party to perform an act, which pertains to other types of motions; and appealing a court decision, which is a separate legal avenue that occurs after a judgment has already been rendered, rather than addressing the facts or legal decisions before going to trial.