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What is failure to prosecute?

Failure to prosecute occurs in a case when a claimant fails to continue to pursue an action but does not withdraw the claim.

How many days before court must you be served in Mississippi?

The defendant shall have thirty (30) days from the date of first publication in which to appear and defend.

What does it mean when a suit is dismissed?

Dismiss refers to the courts decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendants motion to dismiss or do so sua sponte (voluntarily).

How many days do you have to answer a complaint in Mississippi?

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.

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.

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