This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
Mississippi Motion to Clarify and / or Reconsider and for Protective order
State:
Multi-State
Control #:
US-MOT-01428
Format:
Word;
Rich Text
Instant download
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FAQ
If any 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, the court may order such a party, or his attorney, or both, to pay to the opposing party or parties the reasonable expenses incurred by such other parties and by their attorneys, ...
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.
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 10 - Form of Pleadings (a) Caption; Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Rule 7(a).
Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion-motion for Judgment on the Pleadings (a) When Presented. A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4.
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.
Federal Rule of Civil Procedure 11 provides that a district court may sanction attorneys or parties who submit pleadings for an improper purpose or that contain frivolous arguments or arguments that have no evidentiary support.
Rule 4(h) provides that if service is not made upon a defendant within 120 days after the filing of the complaint, the claims against that defendant will be dismissed without prejudice absent good cause for the failure to timely serve the defendant.
