Granting Summary Judgment With Contract

State:
Mississippi
Control #:
MS-61637
Format:
Word; 
Rich Text
Instant download

Description

The document is a legal order from the Circuit Court of Mississippi that grants a motion to dismiss a defendant from the plaintiff's cause of action without prejudice. This means that the plaintiff can refile the case in the future if they choose. The order states that each party will bear their respective costs, maintaining fairness in the proceedings. This document serves as a formal notification of the court's decision and is crucial for record-keeping purposes. For attorneys, this form streamlines the process of withdrawing a defendant from a case while retaining the right to refile, making it a valuable tool in litigation management. Partners and owners can utilize this form to understand their liability and the implications of a case moving forward or being dismissed. Associates and paralegals will find the form useful for maintaining organizational protocols and ensuring legal documentation is correct. Legal assistants can benefit from clear instructions provided in the form for filling out and editing it to ensure compliance with court requirements. This form is an essential component in contract law cases where claims may be reconsidered or reevaluated.

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FAQ

For the defense bar, a motion for summary judgment can be an incredibly effective litigation tool. The successful motion puts an immediate end to a matter before trial, can limit the issues in dispute, or can provoke more reasonable settlement discussions.

Drafting A Motion For Summary Judgment Your task is to demonstrate two simple things: 1) the material facts are undisputed (i.e., there are no genuine issues of material fact); and 2) you are entitled to judgment as a matter of law on those facts.

Replies should be succinctly stated. If the response to a fact is undisputed, the reply should also state undisputed. If you contend that despite a response of disputed, the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

Summary Judgment Standard Generally, a trial court deciding whether to grant a motion for summary judgment must view the facts in the light most favorable to the non-moving party, drawing any reasonable inferences in that party's favor.

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Granting Summary Judgment With Contract