Defendants' Joint Motion to Dismiss Mississippi Form
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People also ask
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Is a motion of severance of defendants a motion to have co defendants tried separately?
A motion to sever means to ask the court to separate a defendant from other people in the same case. PC 1098 says, “When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order separate trials.
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What is the rule 41 motion to dismiss?
Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.
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What is the rule of 81?
A Rule 81 summons must be served on the defendant. Service of process was defective when notice was served on a defendant's attorney, rather than the defendant in a contempt proceeding.
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What is the wife entitled to in a divorce 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.
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What is the rule 33 of the Mississippi Rules of Civil Procedure?
RULE 33. INTERROGATORIES TO PARTIES Interrogatories may, without leave of court be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
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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. See MISS.
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What is the rule 59 in Mississippi?
The Legislature adopted the so-called “85 percent rule” which mandated that all state convicts must serve at least 85 percent of their sentences before being eligible for parole. Mississippi's law sharply contrasted with other states, where the 85 percent rule applied only to violent offenders.
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