Mississippi Motion for Summary Judgment
About this form
The Motion for Summary Judgment is a legal document used to request the court to rule in favor of one party without a full trial. This form is essential when a party believes there are no disputed facts that warrant a trial. This streamlined process saves time and resources by resolving legal disputes efficiently. Unlike other motions, this specific motion addresses the entire case's merits, emphasizing that further proceedings are unnecessary.
Key parts of this document
- Caption: Identifies the court and parties involved in the case.
- Statement of undisputed facts: Outlines facts that both parties agree on.
- Legal argument: Provides the legal basis for granting the summary judgment.
- Prayer for relief: States what the moving party is asking the court to do.
- Signature block: Includes spaces for signatures of the attorneys and the date.
When this form is needed
This form is used primarily in civil litigation when one party believes that there are no genuine disputes about material facts and that they are entitled to judgment as a matter of law. Common scenarios include breach of contract cases, employment disputes, or personal injury claims where the evidence is overwhelmingly in favor of one party.
Who this form is for
- Individuals or businesses involved in civil lawsuits seeking to expedite the legal process.
- Attorneys representing clients who wish to assert a strong case early on.
- Parties in a dispute with evidence clearly supporting their position that does not warrant a trial.
Instructions for completing this form
- Identify the parties involved and the court.
- Fill out the statement of undisputed facts by listing all agreed-upon facts.
- Craft a clear legal argument supporting your motion for summary judgment.
- Specify the relief you are requesting from the court in the prayer for relief section.
- Ensure that the document is signed by all relevant parties.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to support undisputed facts with appropriate evidence.
- Not citing relevant laws or precedents in the legal argument.
- Omitting the prayer for relief, leaving it ambiguous.
- Submitting the form before reviewing local court rules.
Benefits of using this form online
- Convenience of downloading and filling out the form at your own pace.
- Editability allows you to customize the motion according to your needs.
- Access to attorney-drafted templates ensures legal compliance and accuracy.
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FAQ
Motions filed, the percent of cases with motions granted in whole or in part, and the percent of cases terminated by summary judgment. The percentage of cases with summary judgment motions, averaged across the six courts in the study, has increased from approximately 12% in 1975, to 17% in 1985, to 19% in 1988.
A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.
Decision on motions for summary judgment: About 15 months after beginning of representation. The judge will make a decision on summary judgment about three months after s/he hears arguments from both sides.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.
