Mississippi Summary Judgment Motion
About this form
A Summary Judgment Motion is a formal written request submitted to the court, asking for a judgment on specific aspects of a case without a trial. This motion asserts that no significant facts are in dispute and that the law is on the side of the party making the request. Unlike other motions, which may seek various forms of relief, a Summary Judgment Motion aims at resolving the case or a part of it swiftly. It serves to streamline legal proceedings, saving time and resources for all parties involved.
Key parts of this document
- Case caption: Identifies the parties and court where the motion is filed.
- Motion statement: Clearly articulates the request being made to the court.
- Supporting facts: Details the factual assertions supporting the motion for summary judgment.
- Legal argument: Presents the legal reasoning and precedents that justify the motion.
- Signature block: Includes spaces for signatures and dates of involved parties or their attorneys.
State-specific compliance details
This form may vary in format and requirements depending on the state where it is filed. It's essential to ensure compliance with local court rules and guidelines when preparing and submitting a Summary Judgment Motion.
Situations where this form applies
This form is valuable in a variety of legal scenarios, including civil litigation cases where one party believes that there are no material facts requiring a trial. Common situations for using a Summary Judgment Motion include personal injury claims, contract disputes, or cases involving property rights. By submitting this motion, a party can seek a favorable ruling based on the law rather than going through the time-consuming process of a trial.
Who can use this document
The following individuals or entities should consider using this form:
- Individuals involved in civil litigation seeking a prompt resolution to their case.
- Attorneys representing clients who believe that there are no disputed facts that require a trial.
- Organizations or businesses involved in legal disputes looking to avoid lengthy court proceedings.
How to complete this form
- Identify the parties involved and fill in the case caption section.
- Clearly state your motion and the specific ruling you are seeking.
- List the supporting facts that justify your motion, ensuring clarity and relevance.
- Provide a detailed legal argument referencing applicable laws and precedents.
- Sign and date the form as required, ensuring all necessary signatures are included.
Notarization requirements for this form
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.
Avoid these common issues
- Failing to include all relevant supporting facts, leading to a weak motion.
- Not citing applicable laws and precedents accurately, which can undermine the motion's effectiveness.
- Omitting signatures from all necessary parties, which can result in rejection by the court.
- Misinterpreting the court rules regarding filing procedures and deadlines.
Why complete this form online
- Convenient access to professionally drafted forms from anywhere at any time.
- Editable templates allow users to tailor the motion specifics to their unique circumstances.
- Reliable sources ensure that the forms comply with current legal standards.
Quick recap
- A Summary Judgment Motion is used to request a ruling without a trial when there are no significant factual disputes.
- Properly drafted motions can expedite legal proceedings and resolve disputes efficiently.
- Ensure compliance with state-specific requirements to avoid pitfalls during submission.
Form popularity
FAQ
A motion is a way to ask the court for certain action. The party will move the court for an order or other action. This subchapter concerns usual pretrial motions, such as motions to dismiss and motions for summary judgment, but will not deal with discovery motions.
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.
What happens during a motion for summary judgment hearing? Once the motion and response has been filed, the judge will read both and then preside over a hearing. At the hearing, each party will be given a certain amount of time to reiterate their argument in front of the judge.
A summary judgment motion is usually the last thing a plaintiff and their legal team ever want to see.If you win the summary judgment, then you get to do exactly what you were trying to do before the motion was ever filed, which is progress your client's case towards litigation with a chance of settlement.
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.
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.
The grant of summary judgment usually results in a final judgment only if the grant resolves all issues as to all parties. An order for summary judgment is interlocutory if it does not entirely end the proceedings before the trial court.
Unless the requirements of Code of Civil Procedure 437c, subdivision (f)(2), are met a party may not file a second summary judgment motion.
Check a judge's standing orders before filing. Although Rule 56 does not prohibit successive summary judgment motions,15 some judges limit a party to a single summary judgment motion.
