Mississippi Motion for Summary Judgment
About this form
A Motion for Summary Judgment is a formal request made to a court, asking the judge to rule in favor of one party based on the evidence presented, without a full trial. This form is essential for resolving disputes quickly when there are no material facts in dispute, allowing the court to make a decision based on the law. Unlike other motions, this specific motion focuses on the legal merits of a case rather than factual ambiguities that require a trial.
Key components of this form
- Title and case information: Identifies the parties involved and the case number.
- Grounds for the motion: Outlines the reasons and legal standards supporting the request for summary judgment.
- Undisputed facts: Lists the facts that both parties agree upon, which are critical for the judge's decision.
- Arguments: Provides legal arguments to explain why the court should grant the motion.
- Conclusion: Summarizes the request for the court to rule in favor of the moving party.
Situations where this form applies
This form is typically used when one party believes there are no genuine disputes regarding material facts in a case, allowing for a legal decision without trial. Common scenarios include contract disputes, employment terminations, or cases involving breach of non-competition agreements where the facts are clear and undisputed.
Who needs this form
- Individuals or entities involved in a legal dispute who wish to request a summary judgment.
- Parties who believe that the opposing side cannot prove its claims due to lack of evidence.
- Legal professionals seeking a model to draft their own motion for summary judgment.
Steps to complete this form
- Identify the parties involved by entering the names of the plaintiff and defendant.
- Specify the case number at the top of the form.
- Clearly state the grounds for your motion, explaining the legal basis for summary judgment.
- List all undisputed facts that support your request for summary judgment.
- Present your legal arguments in a structured manner.
- Sign and date the motion before submitting it to the court.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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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.
Mistakes to watch out for
- Failing to provide sufficient undisputed facts to support the motion.
- Neglecting to cite relevant laws or precedents that justify the request.
- Submitting the motion without proper formatting or compliance with court rules.
Advantages of online completion
- Convenient access to legally vetted forms anytime and from anywhere.
- Editable templates that allow customization to suit specific cases.
- Reliable and up-to-date legal language ensures compliance with state laws.
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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.
