Mississippi Motion for Summary Judgment
Understanding this form
A Motion for Summary Judgment is a legal document used to request a court to rule in favor of one party without a full trial. This form serves as a way to assert that there are no substantial facts in dispute and that the requesting party is entitled to judgment as a matter of law. It is distinct from other motions as it seeks a definitive resolution to a legal issue or claim, streamlining court processes by avoiding unnecessary trials.
Main sections of this form
- Title of the motion, indicating the request for summary judgment.
- Statement of facts supporting the motion, outlining the evidence that justifies the request.
- Legal arguments that demonstrate why the judgment should be granted.
- Request for relief, specifying the desired outcome from the court.
- Signature block for the submitting party or their attorney.
Common use cases
This form is typically used when one party believes there are no important facts that need to be resolved through a trial. It is appropriate in cases where the evidence overwhelmingly supports one side, allowing the court to make a judgment based solely on legal principles. Users may encounter this form in civil litigation matters, such as contract disputes, personal injury claims, or employment law cases.
Who needs this form
- Parties involved in a legal dispute seeking a swift resolution without going to trial.
- Attorneys representing clients in civil matters who need to streamline litigation.
- Individuals with a strong case who wish to minimize legal costs and time.
Instructions for completing this form
- Identify the parties involved and their respective roles in the case.
- Clearly state the facts relevant to your motion for summary judgment.
- Craft detailed legal arguments supporting your request for judgment.
- Include a section outlining the relief you are seeking from the court.
- Sign and date the motion before filing with the court.
Notarization requirements for this form
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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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 provide sufficient evidence to support the motion.
- Omitting necessary legal arguments or citations.
- Not adhering to local court rules and formatting requirements.
- Missing deadlines for submitting the motion to the court.
Advantages of online completion
- Easy accessibility: Download the form anytime, anywhere.
- Editability: Customize the form to fit your specific case needs.
- Reliability: Forms are drafted by licensed attorneys, ensuring legal accuracy.
Legal use & context
- The Motion for Summary Judgment is recognized and enforceable under U.S. law.
- It is commonly applied in civil litigation to expedite legal processes.
- This motion can be contested by the opposing party, requiring careful preparation.
Main things to remember
- A Motion for Summary Judgment seeks court resolution without a trial.
- Ensure strong evidence is provided to support the motion.
- Check specific state regulations for variances in requirements.
Looking for another form?
Form popularity
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.
