[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of Opposing Party's Attorney] [Address of Opposing Party's Attorney] [City, State, ZIP] Re: Motion to Extend Time for Service of Process in the Case of [Case Name and Number] Dear [Opposing Party's Attorney's Name], I hope this letter finds you well. I am writing to request an extension of time for service of process in the aforementioned case. Due to unforeseen circumstances, I require additional time to properly serve the necessary documents to the opposing party. In support of this motion, please consider the following: 1. Circumstances Leading to the Request: Explain the reasons for the delay in serving the documents and provide any relevant details that have hindered the timely completion of this process. 2. Diligence and Good Faith Efforts: Outline the diligent efforts made to effectuate service within the stipulated time period. Describe the various methods utilized, such as attempted personal service, certified mail, or other reasonable means of service contemplated by the Mississippi Rules of Civil Procedure. 3. How the Extension Will Aid in Justice: Emphasize the importance of granting this extension to ensure due process and to uphold the principles of fairness and justice. Explain how the additional time will allow for proper service, thereby promoting the efficient resolution of the case. 4. Proposed New Deadline: Suggest a reasonable new deadline for completing the service of process. Take into consideration any applicable legal requirements and ensure sufficient time for the opposing party to respond once served. In accordance with the Mississippi Rules of Civil Procedure, please find enclosed a proposed Order for the extension of time. If agreeable, kindly sign and return the enclosed copy to acknowledge your consent to the extension. I would appreciate your prompt attention to this matter. Should you have any questions or require further information, please do not hesitate to contact me at your earliest convenience. Thank you for your cooperation. Sincerely, [Your Name]
Mississippi Sample Letter for Motion to Extend Time for Service of Process
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It delved into Order VII Rule 11(d) of CPC, which provides for the rejection of a plaint when "the suit appears from the statement in the plaint to be barred by any law."
The Rule authorizes a court to award a party reasonable attorneys' fees and expenses when an adverse party "files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay." Thus, Rule 11 provides two alternative grounds for the imposition of sanctions-the ...
R. 11 requires a finding of subjective bad faith before sanctions can be imposed. R.C. 2323.51 applies an objective standard in determining frivolous conduct. The determination is made ?without inquiry as to what the individual knew or believed.?
If action of record is not taken or good cause is not shown, the court shall dismiss each such case without prejudice. The cost of filing such order of dismissal with the clerk shall not be assessed against either party.
RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS. (a) Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.
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 11 of the Texas Rules of Civil Procedure lets lawyers and parties to any lawsuit enter into a written agreement on any subject matter of the lawsuit.
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.
