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Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If its not clear that there is no more evidence, then summary judgment must be denied.
Service. A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena.
CIVIL CASES OTHER THAN FAMILY LAW (2) Civil Jury Cases Within 18 months from appearance date. Civil Non-jury Cases Within 12 months from appearance date.
A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty days after the service upon him.
Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.
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The defendant shall have thirty (30) days from the date of first publication in which to appear and defend.
When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game.
Overview of Responding to a State Complaint. 1. When must a defendant respond to the complaint? In Mississippi, a defendant must answer or otherwise respond within 30 days of being served with a summons and complaint (Miss.
Summary judgment is an application that can be brought during proceedings if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.

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