[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Motion to Continue This Action as a Pending Case — [Case Name and Number] Dear [Recipient's Name], I write to you as the plaintiff in the aforementioned case to file a formal motion seeking the continuation of this action as a pending case in the state of Mississippi. As per Mississippi Code Section [relevant code section], I am entitled to request a continuance based on justifiable grounds, which are duly manifested in this letter. [Purpose of the Motion] The purpose of this motion is to present to the court the unique circumstances that necessitate the continuation of this case as a pending matter. The proceedings in this case are of immense importance and require additional time to ensure thorough preparation and the attainment of justice. The grounds for the requested continuance are as follows: 1. [Ground 1]: Provide a brief yet detailed description of the primary ground, supported by relevant facts and evidence. Emphasize how this ground justifies the need for a continuance. 2. [Ground 2]: Briefly outline the secondary ground, again supported by facts and evidence. Clearly explain why this ground is relevant and contributes to the necessity for a continuance. 3. [Ground 3]: If applicable, describe any additional grounds similarly, providing factual support. [Argument for Continuance] Having presented the justifiable grounds for a continuance, I would like to outline the arguments supporting this request: 1. [Argument 1]: Elaborate on the legal basis for the motion, citing applicable laws, court rules, and case precedents. Clearly connect these legal provisions to the present circumstances. 2. [Argument 2]: Present any additional arguments, highlighting why a continuance is essential for ensuring proper representation, enabling full disclosure of evidence, or maintaining the integrity of the judicial process. [Proposed Timeline] In order to demonstrate my commitment to expediting the resolution of this case, I propose the following timeline: 1. [Proposed Timeline Step 1]: Specify the proposed next step in the legal process and provide a reasonable time frame for its completion. 2. [Proposed Timeline Step 2]: Similar to the previous point, outline the subsequent step and the associated time frame. [Conclusion] I trust that the aforementioned grounds and arguments sufficiently justify the necessity for a continuance. Granting this motion would not only serve the interests of justice but also ensure a fair and lawful resolution to this complex matter. I kindly request that you review this motion in a timely manner and schedule a hearing to consider the merits of the continuation of this case. Thank you for your attention to this matter. Should you require any further supporting documents or information, please do not hesitate to contact me at the provided contact details. Yours sincerely, [Your Name]
Mississippi Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case
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How to fill out Mississippi Sample Letter For Plaintiff's Motion To Continue This Action As A Pending Case?
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FAQ
Rule 41(a)(1) provides two methods by which a plaintiff may dismiss an action without obtaining the consent of the court: He may do so at any time by stipulation of all the parties; he may do so prior to service of an answer or of a motion for summary judgment by his own unilateral act of filing a notice of dismissal ...
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.
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. R.
Rule 82 - Jurisdiction and Venue (a) Jurisdiction Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the courts of Mississippi. (b) Venue of Actions. Except as provided by this rule, venue of all actions shall be as provided by statute.
In circuit court a memorandum of authorities in support of any motion to dismiss or for summary judgment shall be mailed to the judge presiding over the action at the time that the motion is filed. Respondent shall reply within ten (10) days after service of movant's memorandum.
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.
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.
