13 Miss. Code. R. 4-3.19

Current through December 10, 2024
Rule 13-4-3.19 - Motions
(a) All motions shall be in writing, unless made during a hearing.
(b) A motion shall state with particularity the grounds therefore, shall be supported by a memorandum of points and authorities, and shall set forth the relief or order sought.
(c) Every written motion other than one which may be considered ex parte shall be filed with the hearing examiner and served by the moving party upon the adverse party or as the hearing examiner directs.
(d) An opposing party shall have ten (10) calendar days after service of the motion within which to file and serve a memorandum of points and authorities in opposition to the motion.
(e) The moving party shall have five (5) calendar days after service of the opposing memorandum to serve and file a reply memorandum of points and authorities if he so desires.
(f) If a motion or opposition is served by mail, three (3) calendar days shall be added to the time periods specified herein for response.
(g) The failure of a moving party to file a memorandum of points and authorities in support of a motion shall constitute consent to the denial of the motion. The failure of an opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

(Adopted: 09/25/1991.)

13 Miss. Code. R. 4-3.19

Miss. Code Ann. § 75-76-119