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Motion, Answer and Defenses - Mississippi

Motion, Answer and Defenses - Mississippi 2025

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The document is a legal filing in the Circuit Court of Mississippi, where the Defendant presents its Motion, Answer, and Defenses to a Complaint. The Defendant seeks to sever the Plaintiff's causes of action due to misjoinder and argues that the Complaint fails to state a valid cause of action. The Defendant admits and denies various allegations made in the Complaint, asserting defenses based on misrepresentation of material facts related to an insurance policy and denying any entitlement to punitive damages. The document concludes with a request for dismissal of the case.

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Click ‘Get Form’ to open the Motion, Answer and Defenses - Mississippi document in the editor.
Begin by filling in the Defendant's name and attorney information at the top of the form. Ensure all details are accurate for proper identification.
In the 'MOTION' section, clearly state your request to the court regarding severing causes of action. Use concise language to articulate your position.
Proceed to the 'FIRST DEFENSE' section. Here, you will respond to each paragraph of the complaint. Indicate whether you admit or deny each allegation, providing necessary explanations where applicable.
Continue through subsequent defenses, ensuring that each response is tailored to the specific allegations made against you. Utilize numbered paragraphs for clarity.
Finally, complete the 'CERTIFICATE OF SERVICE' section by signing and dating it, confirming that copies have been sent to all relevant parties.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the rule 56 in Mississippi?

Rule 56. Summary Judgment A party against whom a claim, counter-claim, or cross- claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.

What are the types of affirmative defenses?

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.

What is the rule of civil procedure 59 in Mississippi?

Not later than 10 days after entry of judgment the court of its own initiative, on notice to the parties and hearing, may order a new trial for any reason for which it might have granted a new trial on motion of a party, and in the order shall specify the grounds therefor. (e) Motion to alter or amend a judgment.

What are the affirmative defenses in Mississippi?

Affirmative defenses include, but are not limited to, and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of

Which of the following are affirmative defenses?

Code 11-55-1 et seq. Mississippis Rule 11(b) allows a court to award reasonable attorneys fees if the opposing party filed a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay. M.R.C.P. 11(b).