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Rebuttal Memorandum Supporting Summary Judgment Motion - Mississippi

Rebuttal Memorandum Supporting Summary Judgment Motion - Mississippi 2025

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The document is a rebuttal memorandum in a civil action case involving the Mississippi Employment Security Commission (MESC) and an appellant. It argues that the MESC's opposition to the appellant's summary judgment motion is unfounded, highlighting issues such as the failure of the Board of Review to maintain a complete record, refusal to consider eyewitness testimony, and lack of substantial evidence supporting its decision. The memorandum asserts that there is no legal basis for remand and calls for the reversal of the Board's decision in favor of the appellant.

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What is the rule 60 in Mississippi?

Rule 60 motions for relief from a judgment filed no later than ten days after entry of judgment toll the time period in which an appeal may be taken. M.R.A.P. 4(d). Rule 60 motions filed more than ten days after entry of judgment do not toll the time period in which an appeal may be taken.

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 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 59 in Mississippi?

A timely Rule 59 motion for a new trial or to alter or amend the judgment tolls the time in which to file a notice of appeal; the thirty-day time period in which to file a notice of appeal runs from the entry of the order disposing of the post-trial motion.

How do I argue against a motion for summary judgment?

Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. Show that a dispute exists on a material fact. Show that the law does not support judgment on the undisputed facts.

What does rule 60 mean?

Relief from a Judgment or Order. (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

Rebuttal Memorandum Supporting Summary Judgment Motion - Mississippi 2025

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