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Mississippi Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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US-01531BG
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A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Mississippi Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal process in Mississippi that allows a party to request the court's permission to amend or correct a judgment by including an additional party defendant as a real party in interest. This motion is applicable in situations where there is a need to bring a new party into the lawsuit or litigation process. The Mississippi Rules of Civil Procedure provide guidance on the process for filing a Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest. There are different types of these motions, including: 1. Mississippi Rule 25: This rule allows for the substitution of parties when a public officer is a party to the lawsuit and later ceases to hold office, or when a party dies or becomes incompetent. The motion seeks to bring in the successor or representative of the original party as the new real party in interest. 2. Mississippi Rule 19: This rule deals with the joiner of necessary parties. A motion under this rule is filed when a party believes that the presence of an additional party defendant is necessary in order to afford complete relief. The motion argues that the absent party's interests may be affected by the court's judgment, and therefore, they should be made a real party in interest. 3. Mississippi Rule 15: This rule allows a party to amend their pleading before trial or with the court's permission. A motion to amend or correct judgment is filed when a party wants to add a party defendant after the judgment has been entered. The motion argues that the new party's participation is essential for justice to be served. 4. Mississippi Rule 21: This rule deals with the disjointed and conjoiner of parties. A motion is filed under this rule when there is a need to either remove a party who was improperly included or add a party who was mistakenly omitted. The motion argues that the amendment or correction is necessary to rectify the error and ensure that all real parties in interest are properly involved in the litigation. When filing a motion to amend or correct judgment to include an additional party defendant as a real party in interest, it is important to follow the proper procedure outlined in the Mississippi Rules of Civil Procedure. The motion should provide a detailed explanation of why the court should allow the addition of the new party, how their presence is essential for a fair resolution of the case, and how the motion complies with the relevant rules. In conclusion, a Mississippi Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal procedure that allows for the inclusion of a new party in a lawsuit or litigation process. Different types of such motions include Mississippi Rule 25, Rule 19, Rule 15, and Rule 21. Each motion has its own requirements, and it is crucial to adhere to the Mississippi Rules of Civil Procedure when filing these motions.

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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. (b) Judgment.

Rule 54(b) gives a trial court discretion to certify an interlocutory order as a final judgment if the court determines that "there is no just reason for delay" of the appeal. Rule 54(b) certification should be reserved for cases in which delay of the appeal might prejudice a party.

When an action involves multiple claims, appeals normally must wait until the district court has resolved all of claims. Federal Rule of Civil Procedure 54(b) is one exception to this general rule. It permits a district court to enter a partial judgment on the resolution of some (but not all) claims in an action.

A party against whom a claim, counter-claim, or crossclaim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy, any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, phono-records, and other data ...

Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery.

A party moving for relief pursuant to Rule 60(b)(1) based upon fraud, misrepresentation or other misconduct of an adverse party must do so within six months after entry of the judgment and must prove the fraud, misrepresentation or other misconduct by clear and convincing evidence.

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Plaintiff's Motion for Substitution- Deceased Party Defendant. Form 34. Pre-trial Order. Form 35. Motion for Judgment Notwithstanding the Verdict, or in the ... (d) Supplemental Pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a ...Dec 30, 2016 — Once the true name of the opposing party is discovered, the party may amend the pleadings to substitute that true name. Rule 15(c)(4), Ala. R. When a motion for new trial is based upon affidavits they shall be filed with the motion. The opposing party has ten days after service to file opposing ... A default judgment establishes a right on the part of the party or parties in ... each party from the original or amended complaint and all other intervening ... party seeking the entry of default judgment must serve notice of the motion upon the party not joining in the motion, and any opposing party will have seven ... After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact ... MERS did not have standing as a real party in interest under the Rules to file the motion. The declaration also failed to assert that MERS, FMC Capital. LLC ... This includes notice of both the parties' right to file a petition for review with the Board and the appellant's right to seek judicial review. While the ... This is an informational handbook. This handbook is a guide for self-represented litigants. It is not legal advice and should not be considered as such.

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Mississippi Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest