Mississippi Motion for Summary Judgment on Behalf of Defendant

State:
Multi-State
Control #:
US-PI-0269
Format:
Word; 
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This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.

A Mississippi Motion for Summary Judgment on Behalf of Defendant is a legal document filed in court by the defendant's attorney seeking a ruling in their favor without going to trial. This motion claims that there are no genuine disputes regarding the facts of the case, and based on the law, the defendant is entitled to judgment as a matter of law. Keywords: Mississippi, Motion for Summary Judgment, defendant, detailed description, relevant keywords Types of Mississippi Motions for Summary Judgment on Behalf of Defendant: 1. Traditional Summary Judgment: Under this type of motion, the defendant argues that there are no genuine issues of material fact in dispute and requests the court to make a judgment based solely on legal interpretations. The defendant must present evidence that proves there is no need for the case to proceed to trial. 2. No-Evidence Summary Judgment: This motion asserts that the plaintiff lacks sufficient evidence to support their claim. The defendant argues that even taking all the evidence and inferences in the most favorable light to the plaintiff, their case falls short. The defendant must show that there is no factual basis for the plaintiff's claims. 3. Summary Judgment Affirmative Defense: In certain cases, the defendant might argue that, even if all the plaintiff's claims are true, they are entitled to summary judgment due to specific legal defenses or immunities. This motion focuses on proving that the defendant's actions are protected by the law, even if they are assumed to be true. A Mississippi Motion for Summary Judgment on Behalf of Defendant is a crucial strategic maneuver in litigation as it can potentially dismiss the case entirely or severely limit the issues that need to be addressed at trial. It highlights the defendant's perspective that there are no genuine disputes over material facts and showcases their legal arguments to secure a favorable outcome without the need for a costly and time-consuming trial. The motion requires careful research, analysis, and presentation of evidence supporting the defendant's position, making it a critical component of their legal strategy.

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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 26(b)(5) governs discovery of electronically stored information and provides that a party may initially refuse to produce electronically stored information from a source that is not reasonably accessible because of undue burden or cost.

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 37 - Failure to Make or Cooperate in Discovery: Sanctions (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery.

Rule 40 - Assignment of Cases for Trial (a) Methods. Courts shall provide for placing of actions upon the trial calendar (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or, (3) in such other manner as the court deems expedient.

A party or person may not be required to travel an unreasonable distance for an examination. The party requesting the examination shall pay the examiner and shall advance all necessary expenses to be incurred by the party or person in complying with the order.

Rule 81(d) recognizes that there are certain actions and matters whose nature requires special rules of procedure. Basically these are matters of which the State has an interest in the outcome or which because of their mature should not subject a defendant/respondent to a default judgment for failure to answer.

Rule 36 will be enforced ing to its terms; matters admitted or deemed admitted upon the responding party's failure to timely respond are conclusively established unless the court, within its discretion, grants a motion to amend or withdraw the admission.

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The summons shall be dated and signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to  ... (A) Be dated and signed by the clerk; (B) Bear the court's seal; (C) Name the court; (D) Name the parties; (E) Be directed to the defendant; (F) State the name ...Fill and Sign the Motion for Summary Judgment on Behalf of Defendant Mississippi Form. How it works. Open the document and fill out all its fields. Apply your ... The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, ... May 13, 2019 — In its next motion for summary judgment, the State contends that “Plaintiff has not identified the reasonable modifications Mississippi must ... judgment must file a motion with appropriate exhibits and supporting legal ... C(6), but does not join in the motion for entry of default judgment, the. After the seller failed to answer the complaint and discovery requests, the buyer filed a motion for summary judgment. The seller appeared pro se for the ... A party seeking summary judgment must file and serve a supporting brief and any evidence (that is not already in the record) that the party relies on to support ... IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF MISSISSIPPIGREENVILLE DIVISION ; believes demonstrate the absence of a genuine issue of material ... Therefore, Defendant's Motion to Dismiss the injunctive relief is also denied. 2. Defendants' Motion for Summary Judgment. Standard of Review. A Rule 56(b) ...

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Mississippi Motion for Summary Judgment on Behalf of Defendant