Mississippi Memorandum in Support of Motion for Summary Judgment by Defendant

By motion for summary judgment, I'll be referring to motions for summary adjudication as well, which are treated more favorably in federal court than in state courts such as California.Many defendants automatically file a motion summary judgment in every case, even if they don't reasonably expect to win it.

It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a MATTER OF LAW. Any party may move for summary judgment; it is not uncommon for both parties to seek it.

Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.As no oral evidence can be given on a summary judgment application, it will only succeed if the applicant can establish the strength of its case on paper alone.

Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.

A document that cites (refers to) legal authorities such as statutes and court cases, and explains how those authorities support the position advocated by the party who wrote the memorandum. Often written to support a motion.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

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.

Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.

When filing a motion for summary judgment, the motion must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court following the applicable rules of evidence.