Mississippi Emergency Motion to Remand Cause
Description
How to fill out Emergency Motion To Remand Cause?
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FAQ
Agreed Scheduling Orders: Pursuant to Rule 26 of the Mississippi Rules of Civil Procedure, all cases are required to have an Agreed Scheduling Order submitted to the Court within thirty days after the issues are joined.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party.
Rule 5 provides an expedient method of exchanging written and electronic communications between parties and an efficient system of filing papers with the clerk. This rule presupposes that the court has already gained jurisdiction over the parties.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. (b) Time for motion.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS.
Once a default judgment has been entered, a creditor can then use it to seek to garnish your wages and other property. In Mississippi, a default judgment acts as a lien against property you have in any county where the judgment has been properly entered.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
The summons and a copy of the complaint must then be served on each defendant. This rule provides for personal service, residence service, first-class mail and acknowledgement service, certified mail service, and publication service.
