13 Miss. Code. R. 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.)
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.