Rebuttal to Defendant's Reply to Motion to Remand - Mississippi 2025

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The document is a legal rebuttal submitted by the plaintiff in a civil case, requesting the court to remand the case back to the Circuit Court of a specific county in Mississippi. The plaintiff affirms through an affidavit that they will not seek damages exceeding the jurisdictional limit if remanded. The document references a previous court ruling and indicates that the plaintiff has withdrawn their request for attorney's fees.

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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.

Can you appeal a denial of a motion to remand?

The denial of a motion to remand is interlocutory and is generally not appealable. In certain circumstances, however, federal law permits appeals of interlocutory orders.

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 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 56 rule?

Summary Judgment. (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought.

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