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Mississippi Motion for Partial Summary Judgment and Notice of Hearing

State:
Mississippi
Control #:
MS-60497
Format:
Word; 
Rich Text
Instant download

Understanding this form

The Motion for Partial Summary Judgment and Notice of Hearing is a legal document that requests the court to make a decision on specific issues in a case without the need for a full trial. This motion is distinct from other types of motions because it seeks to resolve parts of a claim when there are no genuine disputes over material facts. It is essential for efficiently addressing particular aspects of a legal dispute in a timely manner.

What’s included in this form

  • Identification of the parties involved in the case.
  • Statement of the specific issues for which partial summary judgment is requested.
  • Evidence and documentation supporting the claims made in the motion.
  • Request for the court to set a hearing date for the motion.
  • Signature line for the submitting party or their attorney.
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When to use this document

This form is typically used in civil litigation cases when one party believes that there are no material facts in dispute regarding specific issues, and therefore, a trial is unnecessary on those points. For example, this motion may be filed when one party seeks to obtain a judgment on a breach of contract or when asserting a claim based on clear legal grounds that do not require factual determination.

Who can use this document

  • Parties involved in a civil lawsuit who wish to expedite the legal process.
  • Attorneys representing clients in cases with clear, undisputed facts.
  • Individuals or businesses seeking to clarify specific legal issues without undergoing a full trial.

Steps to complete this form

  • Identify the parties involved in the case and their roles.
  • Clearly state the specific issues for which you are seeking summary judgment.
  • Gather and attach any relevant documentation and evidence to support your request.
  • Specify a proposed date for the hearing on the motion.
  • Sign the document and provide any necessary attorney endorsements if applicable.

Notarization guidance

This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes

  • Failing to attach necessary evidence to support the motion.
  • Not clearly defining the issues for which summary judgment is sought.
  • Omitting the notice of hearing or neglecting to propose a date.
  • Not following local court formatting and procedural rules.

Benefits of using this form online

  • Convenience of downloading and filling out the form from anywhere.
  • Editable templates that allow customization for specific circumstances.
  • Access to forms drafted by licensed attorneys, ensuring legal accuracy.

Main things to remember

  • The Motion for Partial Summary Judgment is essential for efficiently resolving specific issues in a case.
  • Proper evidence and clarity are crucial when drafting this motion.
  • Always check your state's specific rules regarding filing and hearing procedures.

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FAQ

A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.

At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order. However, during a trial or a hearing, an oral motion may also be permitted.

The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "Notice of Motion." It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do)." Read the Local

A motion is a written request made to the court, asking the judge to issue an order.The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.

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Mississippi Motion for Partial Summary Judgment and Notice of Hearing