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Defendants' Joint Motion to Dismiss - Mississippi

Defendants' Joint Motion to Dismiss - Mississippi 2025

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The document is a legal motion filed by the defendants in a Mississippi Circuit Court, requesting the dismissal of the plaintiff's case with prejudice due to the plaintiff's failure to prosecute. The motion cites that the plaintiff has not secured new counsel or indicated an intention to represent themselves after their previous attorney withdrew. The defendants argue that this inaction has prejudiced their position and seek a court order for dismissal under Rule 41 of the Mississippi Rules of Civil Procedure.

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Click ‘Get Form’ to open the Defendants' Joint Motion to Dismiss in the editor.
Begin by filling in the names of the Defendants at the top of the form. Ensure accuracy as this identifies who is filing the motion.
Next, input the case number and details regarding the trial date in section one. This information is crucial for court records.
In section two, document any motions related to counsel withdrawal. Specify dates and reasons clearly to support your request.
Continue through sections three to six, providing necessary details about deadlines and Plaintiff's actions or inactions regarding legal representation.
Finally, review all entries for completeness and accuracy before signing. Use our platform’s signature feature for a professional touch.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is a rule 59 motion?

Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

What is a motion for a new trial in Mississippi?

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

What is the 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.

How long do you have to respond to a summons in Mississippi?

You have 30 days to respond to a summons for debt in Mississippi. Your first notice of the lawsuit against you was likely receiving the Summons and Complaint.

What is the rule of civil procedure 59 in Mississippi?

Not later than 10 days after entry of judgment the court of its own initiative, on notice to the parties and hearing, may order a new trial for any reason for which it might have granted a new trial on motion of a party, and in the order shall specify the grounds therefor. (e) Motion to alter or amend a judgment.

What is the maximum amount you can sue for in civil court in Mississippi?

Justice Courts have jurisdiction over small claims civil cases involving amounts of $3,500 or less, misdemeanor criminal cases and any traffic offense that occurs outside a municipality.

Whats the difference between a motion to dismiss and a motion for summary judgment?

While a motion to dismiss can officially end the case by preventing the court from hearing it, a summary judgment ends the case by deeming a trial unnecessary because an indisputable fact of law means the judge can decide the case conclusively based on that fact alone.

Defendants' Joint Motion to Dismiss - Mississippi 2025

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