Overview of the court system in the state of mississippi i form
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IN THE CHANCERY COURT OF
_________________________________________COUNTY STATE OF MISSISSIPPI
__________________________________________________ PLAINTIFF
(Name of Plaintiff) VS. CAUSE NO.___________________
__________________________________________________ DEFENDANT
(Name of Defendant)
Motion to Require Drug Testing of Plaintiff
Comes now _____________________________________________________ (Name of
Defendant), Defendant in the above-captioned cause, by and through his attorney, and moves
this Court for an order, pursuant to Rule 35 of the Mississippi Rules of Civil Procedure,
requiring that drug testing be performed on __________________________________________ ________________________ (Name of Plaintiff), the Plaintiff in this action. In support of said
Motion, Defendant would show the following: I.
This action involves a proceeding to modify a child custody award granted to Plaintiff by
this Court on _______________________________________________ (date).
II.
It is in the best interests of __________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________ (names of children),
the minor children of Plaintiff and Defendant, that Plaintiff be tested to determine whether she is,
or has been, using drugs. III.
The costs of the testing should be borne by both parties, equally.
IV.
The type of drug testing that is necessary is (description of testing) _________________
______________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________. V.
The testing should be performed no later than ___________________________________
__________________ (date).
VI.
The basis for this motion is that (specify factual basis for motion) __________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
Wherefore, Plaintiff moves that this Court order Defendant, to submit to (description of
testing) _______________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________________________________________ at a time and place appointed by this Court.
Respectfully submitted, _________________________________________
(Name of Defendant)
By: ______________________________________ (Typed Name of Attorney)
__________________________________________
(Signature of Attorney for Defendant)
State Bar No. _______________
Attorney for Defendant
Certificate of Service
This is to certify that I, _____________________________________________________
(Name of Attorney) , attorney for Defendant __________________________________________
___________________________ (Name of Defendant), have this date served a true and correct
copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following
counsel of record for Plaintiff:
______________________________________________________________ (Name of Attorney for Plaintiff)
Post Office Box ____________________
______________________________________________________________________________ ____________________________(City, State, Zip Code)
This the _____day of _____________________________________________, 20_____.
Respectfully Submitted, ____________________________________
(Printed Name) ____________________________________
(Attorney’s Signature)
State Bar No. _______________
Attorney for Defendant
OF COUNSEL: ______________________________________________
(Name of Attorney)
Post Office Box _______-________________________________________________________________________________________
City, State, Zip Code
Telephone: ________-________-____________
Notice of Motion
You are notified that on _____________________________________________ (date),
at ________________________ (time), or as soon thereafter as counsel can be heard, in
Courtroom _______________ of the Chancery Court for ________________________________
County, Mississippi, at the _______________________________________________ (County)
Courthouse at __________________________________________________________________ _______________________________________________________________________________________________________________________ (street address, city, county, state, zip code),
Defendant ____________________________________________________________ (Name of
Defendant), by and through his attorney, will bring on for hearing his Motion to Require Drug
Testing of Plaintiff for the reasons stated in the above Motion.
Respectfully Submitted, ____________________________________
(Printed Name of Attorney)
____________________________________
(Signature of Attorney)
State Bar No. _______________
Attorney for Plaintiff
OF COUNSEL: _______________________________________________
(Name of Attorney)
Post Office Box ________-_________________________________________________________________________________________
City, State, Zip Code
Telephone: ________-________-______________
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