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Rule 13 generally requires compulsory counterclaims to be asserted in the pending litigation to avoid waiver. All other counterclaims are permissive and may be asserted by the defending party.
Lack of realization could cause you to miss the statute of limitations; however, Mississippi has a discovery rule. The discovery rule extends the statute of limitations in specific circumstances where the victim did not immediately discover the injury.
If the judge finds probable cause exists, the judge shall issue a warrant naming or describing the person or thing to be seized, and naming or describing the person or place to be searched.
Quick Overview of a Search Warrant Affidavit: Caption. Include the proper title of the court that will issue the warrant. Affiant resume (?hero statement?). Describe your training and experience and tell the court about your prior search warrant experience (if any). Description. ... Probable cause. ... Notice. ... Time.
Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...
The effect of having an outstanding bench warrant is that any law enforcement officer can arrest you and bring you before a judge at any time. Although officers will typically not seek you out in response to a bench warrant, your name will be entered into a database that all officers can access.
Usually, search warrants remain active for 10 days in Mississippi and must be carried out within that time frame. If not, a judge must issue a new warrant to perform a search. Warrants of arrest for misdemeanors remain active for 180 days, with a maximum time of one year.
A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial. It is a pretrial motion, heard and decided by a judge. In a criminal trial in Mississippi, the prosecution must prove the charge beyond a reasonable doubt.