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Plaintiffs' Response to Defendants' Motion to Amend - Mississippi

Plaintiffs' Response to Defendants' Motion to Amend - Mississippi 2025

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The document is a legal response by the Plaintiffs in a Chancery Court case in Mississippi, addressing the Defendants' Motion to Amend. The Plaintiffs deny the existence of a claimed debt that the Defendants assert was transferred during a sale, arguing that no such liability was documented or agreed upon prior to closing. They contend that the Defendants have failed to provide necessary financial documentation and have used discovery processes to ascertain information about the Plaintiffs' financial records. The Plaintiffs request the court to dismiss the Defendants' motion and express their intention to amend their own complaint if necessary.

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What are the grounds for a 12 b )( 6 motion?

A FRCP 12(b)(6) motion to dismiss asks the court to test the legal sufficiency of the complaints factual and legal allegations.

What is the rule 65 in Mississippi?

Rule 65 authorizes parties to seek temporary restraining orders (TROs) and preliminary injunctions in civil cases in which permanent injunctive relief or other relief is being sought.

What is the rule 12b6 in Mississippi?

Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.

What is the Rule 12b6 summary judgment?

It will also be observed that if a motion under Rule 12(b)(6) is thus converted into a summary judgment motion, the amendment insures that both parties shall be given a reasonable opportunity to submit affidavits and extraneous proofs to avoid taking a party by surprise through the conversion of the motion into a

How do you survive a Rule 12 b 6 motion?

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct.

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.

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 does a trial require that a 12 b )( 6 motion does not?

What does a trial test that a 12(b)(6) motion does not? Answer: Trial tests the truth of the allegations.

Plaintiffs' Response to Defendants' Motion to Amend - Mississippi 2025

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