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What are the rules of 81?

Hence, under the original wording of Rule 81(c), where a case is filed less than 20 days before the term and is removed within a few days but before answer, it is possible for the defendant to delay interposing his answer or presenting his defenses by motion for six months or more.

Is notice of hearing still required?

The Rules of Court require that every written motion be set for hearing by the movant, except those motions which the court may act upon without prejudicing the rights of the adverse party. The notice of hearing must be addressed to all parties and must specify the time and date of the hearing.

What happens after indictment in Mississippi?

Once indicted, the next step is arraignment. The arraignment is where the defendant charged will plead guilty or not guilty. In most, if not all cases, the person charged will enter a not guilty plea at the arraignment. During the arraignment, the defendant will have the benefit of counsel.

Does a summons have to be served in person?

When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.

What are the three basic items all motions must include?

Unless otherwise required by law, a motion must consist of at least the following: A notice of hearing on the motion. The motion itself. A memorandum in support of the motion or demurrer (referred to as points and authorities)

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