Memorandum Brief in Opposition to Motion to Transfer Cause to Chancery Court - Mississippi 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin with the 'Introduction' section. Clearly state your opposition to the motion, including relevant details such as the case number and parties involved.
  3. In the 'Facts' section, provide a concise summary of the events leading up to this memorandum. Include specific claims made against the defendants and any pertinent financial details.
  4. Move on to the 'Argument and Authority' section. Here, cite relevant Mississippi law that supports your position against transferring the case. Use clear references to legal precedents.
  5. Conclude with a strong 'Conclusion' that reiterates your request for denial of the motion, emphasizing potential prejudice if transferred.
  6. Finally, ensure all fields are filled out correctly, including signature lines and certificate of service at the end of the document.

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The chancellors, also referred to as Chancery Court judges, hear special court cases involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.
Examples of chancery cases include injunctions, mortgage foreclosures and mechanics lien. Eminent Domain cases involve the taking of private land for public projects such as schools, roads, bridges, etc. Commercial or residential eviction proceedings and for any proceedings for ejectment.
Chancery courts handle cases involving deception, contracts, partnership dissolution, guardianship, juvenile issues, and enforcement of wills and trusts.

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Chancery Court is a separate court of equity. This is distinguished from the law court or circuit court in Mississippi. The Chancery Judge or Chancellor generally hears cases without a jury. Juries are permitted only in paternity cases and will contests or as an advisory jury not binding on the Chancellor.
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.

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