Mississippi Response to Motion for Stay

State:
Mississippi
Control #:
MS-60738
Format:
Word; 
Rich Text
Instant download

Description

This response form, a model Response to Motion for Stay, can be completed by filling in the blanks and/or adapted to fit your specific circumstances. The form is available for download in several standard formats. USLF control no. MS-60738
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FAQ

There are basically 3 stages to a civil appeal in Mississippi. First, you file your notice of appeal and other preliminary documents. Critically, you MUST file your notice of appeal within 30 days of the trial court's final judgment. In some cases, you should file a post-trial motion within 10 days of the judgment.

Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.

To appeal a Circuit Court decision, an appellant must file a Notice of Appeal in the Circuit Court, serve the other party, and pay the accompanying fee. (See the Revised Schedule of Circuit Court Charges, Costs and Fees.) The appellant must pay a filing fee to the Court of Special Appeals as well.

(a) Motion and opposition (3) Any opposition must be served and filed within 15 days after the motion is filed.

You have only 14 days to respond to a regular motion. The time to respond runs from the date the motion was filed. Check the certificate of service, which should be included with the Motion papers. If you need to respond to an Administrative Motion, you have only 4 days.

A motion is a written request made to the court, asking the judge to issue an order.Other parties have the chance to file and serve a written response to the motion. There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing.

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.

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Mississippi Response to Motion for Stay