Mississippi Order Granting Motion to Lift Stay

State:
Mississippi
Control #:
MS-SKU-0032
Format:
PDF
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Description

Order Granting Motion to Lift Stay

A Mississippi Order Granting Motion to Lift Stay is a court order issued by a Mississippi court that allows a party to proceed with an action or suit that was previously stayed. This type of court order may be issued in a variety of circumstances, such as when a party requests a motion to lift the stay, when a party requests a stay pending resolution of some other matter, or when a party requests a stay due to a change in circumstances. There are two types of Mississippi Order Granting Motion to Lift Stay: a temporary stay and a permanent stay. A temporary stay allows the party to proceed with the action or suit for a limited time period, while a permanent stay allows the party to proceed with the action or suit indefinitely. In both cases, the court will specify the conditions that must be met in order for the stay to remain in effect.

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FAQ

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.

A party moving for relief pursuant to Rule 60(b)(1) based upon fraud, misrepresentation or other misconduct of an adverse party must do so within six months after entry of the judgment and must prove the fraud, misrepresentation or other misconduct by clear and convincing evidence.

In lieu of participating in the oral examination, parties may serve written questions on the party taking the deposition, who shall propound them to the witness and See that the answers thereto are recorded verbatim.

Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application.

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

Rule 45(a)(1) provides that a subpoena shall command each person to whom it is directed to attend and give testimony, or to produce and permit inspection of evidence, or to permit inspection of premises, and provides further that a command to produce evidence or to permit inspection may be joined with a command to

The Stay Has Been Lifted ? Now What? Once a creditor gets a court order lifting the automatic stay, they are allowed to move forward with foreclosure or repossession of the property that secures the debt.

Rule 11 - Signing of Pleadings and Motions (a) Signature Required. Every pleading or motion of a party represented by an attorney shall be signed by at least one attorney of record in that attorney's individual name, whose address shall be stated.

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Mississippi Order Granting Motion to Lift Stay