Mississippi Plaintiffs' Motion for Partial Summary Judgment Against Defendants
Understanding this form
The Plaintiffs' Motion for Partial Summary Judgment Against Defendants is a legal document filed by plaintiffs in a civil case. It requests the court to issue a judgment in their favor on certain parts of the case without the need for a full trial. This form differs from other motions as it specifically addresses requests for summary judgment based on evidence that is undisputed, seeking to expedite the legal process in cases where the key facts are clear and settled.
Key components of this form
- Identification of plaintiffs and defendants involved in the case.
- A detailed description of the contract that forms the basis of the motion.
- Inclusion of relevant exhibits such as the contract and addendum.
- Citations to legal provisions (e.g., Mississippi Rules of Civil Procedure).
- Statements of undisputed facts supporting the motion for summary judgment.
When to use this form
This form should be used when a plaintiff believes that there are no significant disputes over key facts of the case and seeks a legal ruling on specific issues. It is commonly utilized in situations where the parties have entered into a contract and one party does not comply with the agreement, or when a party admits to certain facts that resolve parts of the dispute.
Who can use this document
- Individuals or businesses acting as plaintiffs in a civil lawsuit.
- Legal representatives filing motions on behalf of clients in relevant cases.
- Parties involved in disputes where key facts are undisputed and suitable for summary judgment.
How to prepare this document
- Identify and list the plaintiffs and defendants involved in the case.
- Clearly state the specific issues on which you are seeking partial summary judgment.
- Attach all relevant exhibits, such as contracts or addendums, accurately labeled.
- Ensure that all parties sign the document as required for legal validity.
- File the motion with the appropriate court along with any required fees.
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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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 include necessary exhibits or supporting documentation.
- Omitting signatures from all relevant parties before filing.
- Not clearly stating the undisputed facts or legal basis for the motion.
- Using outdated forms or not following local court rules and procedures.
Why complete this form online
- Convenience of downloading the form easily and quickly from your device.
- Editability allows you to fill in the required details directly.
- Access to professionally drafted templates ensures compliance with legal standards.
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FAQ
(b) (1) A party may move for judgment on the pleadings.(A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.
When it comes to summary judgment, plaintiff lawyers are often guilty of forgetting the fact that either party can file one. If you have solid evidence that can't be disputed, you may very well be able to prove your claim without going to trial.
Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.
Partial summary judgment," as used in' this comment, refers to the granting of judgment on a portion of a single claim. It is not used to refer to the granting of judgment on a single claim where more than one claim is presented in a case.
When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied.
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case.
Motion for judgment on the pleadings is a party's request to the court to rule in his/her favor based on the pleadings on file, without accepting evidence, as when the outcome of the case rests on the court's interpretation of the law.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.