Mississippi Court Motions

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Commonly Asked Questions about Mississippi Court Motions

What does it mean when a motion is granted?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence. Diagram of How a Case Moves Through the Courts.

What is the difference between a motion and a request?

A motion is filed to get a court ruling on an issue. Examples are a Motion for Summary Judgment, Motion for Judgment of Acquittal, or Motion to Dismissal. A Request is less common, but is filed when the party has failed to Answer the Complaint and a party files a Request for Order of Default.

What is the Rule 12 in Mississippi?

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.

What is Rule 81 in Mississippi?

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.

How long do you have to respond to a motion in Mississippi?

Respondent should file a response to any motion within ten (10) days after service of the motion. The movant MAY file a rebuttal in support of any response within five (5) days after service of the rebuttal.

What does motion mean in a case?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

Is a motion the same as a hearing?

Is a motion the same as a hearing? No, a motion is a formal request to the court, while a hearing is the proceeding where the court considers and decides on that request.

What are motions in a case?

What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.