This form provides boilerplate contract clauses that limit the remedies available to the parties both under and outside the terms of the contract agreement. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.
Mississippi Limitation of Remedies and Damages Provisions
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FAQ
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.
A Rule 4 Summons is used to provide notice to the Defendants in a lawsuit. It informs the Defendants that they have been sued and attaches a copy of the Complaint or Petition. The Complaint or Petition informs the Defendant(s) why they are being sued and provides the allegations or reasons behind the lawsuit.
Mississippi law states that in all cases involving an award of punitive damages, the following relevant information must be considered when determining the amount of punitive damages: The defendant's financial condition and net worth. The nature and seriousness of the defendant's wrongdoing.
The statute of limitations varies by state?in Mississippi, it ranges from one to seven years for civil cases.
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.
If a defendant is not served within 90 days after the complaint is filed, the court?on motion or on its own after notice to the plaintiff?must dismiss the action without prejudice against that defendant or order that service be made within a specified time.
The first step in a civil action is the filing of the complaint with the clerk or judge. Service of process upon the defendant is not essential to commencement of the action, but Rule 4(h) does require service of the summons and complaint within 120 days after the filing of the complaint.
Statute of limitations in contracts for sale. An action for breach of any contract for sale must be commenced within six (6) years after the cause of action has accrued. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.