Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion - Mississippi 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in the case number at the top of the form. This is essential for identifying your motion within court records.
  3. In the section labeled 'COME NOW, the Plaintiffs,' enter the names of all plaintiffs involved in the case. Ensure accuracy as this identifies who is filing the motion.
  4. Next, provide details regarding lead counsel and any relevant dates related to motions and depositions. This information supports your request for a continuance.
  5. Clearly articulate your grounds for requesting a continuance in the designated sections. Be specific about why additional time is necessary for discovery.
  6. Complete the 'WHEREFORE' section by summarizing your request succinctly, emphasizing that adequate time is needed for discovery before proceeding with summary judgment.
  7. Finally, sign and date the document at the bottom, ensuring that all required fields are filled out correctly before submission.

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In a civil case, when someone files a motion for summary judgment, they are asking the court not to go to trial but instead issue a summary judgment. If the court grants the motion, a judgment will be entered into the case, and it will not go to trial.
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.
MOTION FOR CONTINUANCE THIS MOTION IS NOT FOR PURPOSES OF DELAY, BUT IS MADE SO THAT JUSTICE MAY BE DONE. NOTICE OF THIS MOTION HAS BEEN SERVED ON THE OPPOSING PARTY, AND IF REPRESENTED BY COUNSEL, THE OPPOSING PARTYS ATTORNEY OF RECORD.

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The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.

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