Mississippi Motion for Summary Judgment
About this form
A Motion for Summary Judgment is a legal document used to request a court to make a ruling on a case without going to trial. This form asserts that there are no genuine disputes over material facts, making a trial unnecessary. Unlike other motions, a Motion for Summary Judgment seeks to resolve the case based solely on law. This template can be adapted based on the specific circumstances of your case and is available for download now in standard formats.
Form components explained
- Identification of the moving party (Defendant/Counterplaintiff) and their counsel.
- Reference to the applicable legal rule (Rule 56 of the Miss. R. Civ. Proc.).
- Statement asserting the lack of genuine issues of material fact.
- Request for an order granting summary judgment.
- Submission of supporting documents, such as a Memorandum of Authorities.
When to use this document
This form is used when one party in a legal dispute believes that there are no significant facts at issue and that they are entitled to a judgment based on the law. Common scenarios for using a Motion for Summary Judgment include cases involving contract disputes, personal injury claims, and civil rights violations where the evidence firmly supports one party's position. It can help expedite a resolution without the need for a potentially lengthy trial.
Who should use this form
- Defendants or Counterplaintiffs seeking to dismiss a case without going to trial.
- Parties involved in civil litigation where there are no disputed facts.
- Individuals or attorneys who represent clients in legal actions.
How to prepare this document
- Identify the parties: Clearly indicate who is filing the motion.
- Refer to the applicable legal rule by citing Rule 56 of the Mississippi Rules of Civil Procedure.
- State the lack of genuine issues of material fact clearly.
- Request the specific relief sought from the court (summary judgment).
- Attach all relevant supporting documents, such as a Memorandum of Authorities.
Does this document require notarization?
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.
Common mistakes
- Failing to cite the correct legal authority or rule.
- Omitting necessary supporting documents.
- Not clearly stating the lack of material facts in dispute.
- Using vague language in the request for judgment.
Why complete this form online
- Convenient access to a well-drafted form anytime, anywhere.
- Easily editable to address various cases and individual needs.
- Reliable template created by licensed attorneys ensuring legal compliance.
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.
