How much notice must a Mississippi summary judgment motion give before the hearing?

At least 10 calendar days before the date fixed for the hearing, computed under Miss. R. Civ. P. 6(a). Because this 10-day period is not less than seven days, intermediate weekends and holidays are not excluded (Miss. R. Civ. P. 56(c)).

I was served with a Mississippi summary judgment motion. When is my reply due?

In circuit court, your reply is due 10 days after the movant serves its memorandum of authorities, not 10 days from the notice of the motion itself. Your reply should state your agreement or your specific reasons for disagreeing with each fact the movant itemized as undisputed, and a rebuttal memorandum may then be submitted within 5 days (Uniform Rules of Circuit and County Court Practice (URCCC) 4.02(2)). Whether this clock applies in county court is not clear from the rule's text, and URCCC 4.02 does not govern chancery court, so confirm the deadline with the clerk.

Does Mississippi's Rule 56 itself set a deadline to respond to a summary judgment motion?

No. Rule 56 sets no fixed number of days; it lets the adverse party serve opposing affidavits prior to the day of the hearing (Miss. R. Civ. P. 56(e)). The 10-day reply clock comes from a separate circuit court rule, URCCC 4.02(2).

Has Mississippi's summary judgment standard changed recently?

The text of Rule 56(c) has not been amended since its original adoption and still asks whether there is a genuine issue as to any material fact, not the newer genuine-dispute wording used in some other states. Only the rule's Advisory Committee Note has been updated, effective July 1, 2014, and again effective January 16, 2020.

What papers must accompany a Mississippi summary judgment motion?

The motion itself, an itemization of the facts relied upon and not genuinely disputed filed with the clerk, and a memorandum of authorities mailed to the presiding judge at the time of filing. Supporting affidavits are optional but, if used, must be on personal knowledge and attach sworn or certified copies of any referenced papers; any memorandum is limited to 25 pages (URCCC 4.02(2), (4); Miss. R. Civ. P. 56(e)).

Is there a deadline for filing or a hearing cutoff for a Mississippi summary judgment motion?

A claimant generally must wait 30 days after the action commenced before filing, or may file immediately if the adverse party has already served its own motion; a defending party may file at any time. Whenever it is filed, the motion is deemed abandoned unless heard at least 10 days before trial (Miss. R. Civ. P. 56(a), (b); URCCC 4.02(5)).

Can a party get partial summary judgment in Mississippi?

Yes. Rule 56(a) and (b) let a party move for summary judgment on all or any part of a claim, counterclaim, cross-claim, or request for declaratory judgment, with no separate adjudication procedure required. An interlocutory judgment on liability alone is also available even if a genuine issue remains as to the amount of damages.

Is a Mississippi summary judgment motion the same as a motion to dismiss or a request to set aside a default?

No. A motion to dismiss and a motion to set aside a default are separate procedures with their own timing rules. This page also covers Mississippi state trial court practice only, not a summary judgment motion filed in federal court.

Mississippi Motion for Summary Judgment

Mississippi requires the motion to be served at least 10 calendar days before the hearing under Rule 56(c); in circuit court the respondent's reply is due within 10 days after service of the movant's memorandum of authorities, a rebuttal may follow within 5 days after that under Uniform Rule 4.02(2), and a dispositive motion is deemed abandoned unless heard at least 10 days before trial under Uniform Rule 4.02(5).

Find out where you stand in Mississippi

Which side of the motion are you on?

DocDraft provides document preparation, not legal advice.

Introduction

In Mississippi, the party moving for summary judgment must serve the motion at least 10 calendar days before the date fixed for the hearing, computed under Miss. R. Civ. P. 6(a), which excludes intermediate weekends and holidays only when a period is less than seven days, so they are not excluded from this 10-day period (Miss. R. Civ. P. 56(c)). A claimant, such as a plaintiff, counter-claimant, or cross-claimant, may not move for summary judgment until 30 days have passed since the action commenced, or immediately after the adverse party serves its own motion for summary judgment, while a defending party may move at any time with no waiting period (Miss. R. Civ. P. 56(a), (b)). Rule 56 itself sets no filing deadline, but a separate uniform rule supplies the real cutoff: a dispositive motion, including a motion for summary judgment, is deemed abandoned unless it is heard at least 10 days before trial (Uniform Rules of Circuit and County Court Practice (URCCC) 4.02(5)). The movant must file with the clerk, as part of the motion, an itemization of the facts relied upon and not genuinely disputed, and must mail a memorandum of authorities to the presiding judge at the time of filing; the respondent must then reply within 10 days after service of that memorandum, stating either agreement or specific reasons for disagreement with the itemized facts, and a rebuttal memorandum may be submitted within 5 days after service of the reply (URCCC 4.02(2)). URCCC 4.02 does not expressly label these 10-day and 5-day periods as calendar or court days, and it is not settled whether Rule 6(a)'s day-computation rule governs them, so confirm how they are counted with the clerk. URCCC 4.02(2) introduces this memorandum-and-reply sequence as circuit court practice, and it is not clear from the rule's text whether the same 10-day reply clock and itemization duty also apply in county court, so a filer or respondent in county court should confirm the local practice with the clerk. URCCC 4.02 is a circuit and county court rule, so a party in chancery court should confirm the applicable motion practice with the clerk. Summary judgment is granted if the record shows there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, the original wording that Mississippi's Rule 56(c) has never replaced with the newer genuine-dispute phrasing used in some other states; the rule's own text has not been amended since its original adoption, though its Advisory Committee Note has been updated, effective July 1, 2014, and again effective January 16, 2020 (Miss. R. Civ. P. 56(c)). Supporting affidavits are optional, but if used they must be made on personal knowledge, set forth admissible facts, show the affiant's competence to testify, and attach a sworn or certified copy of any paper referred to (Miss. R. Civ. P. 56(e)), and a memorandum or brief, including a summary judgment memorandum, may not exceed 25 pages (URCCC 4.02(4)). Partial summary judgment does not require a separate procedure in Mississippi: Rule 56(a) and (b) authorize a motion on all or any part of a claim, counterclaim, cross-claim, or request for declaratory judgment, and an interlocutory, liability-only judgment may be rendered even though a genuine issue remains as to the amount of damages; where the motion is not fully granted, Rule 56(d) lets the court, at the hearing, specify which material facts are established without substantial controversy for trial. A movant who loses should expect a real cost: if summary judgment is denied, Rule 56(h) requires the court to award the prevailing party its reasonable expenses of attending the hearing, and allows an award of attorney's fees on top of that if the motion was made without reasonable cause, and Rule 56(g) separately allows sanctions, including contempt, against a party or attorney who files a bad-faith affidavit. Summary judgment is technical and is lost on procedure, such as a missing itemization of facts, as often as on the merits. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers Mississippi state trial court practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.

Key Things to Know

1
The motion must be served at least 10 calendar days before the hearing (Miss. R. Civ. P. 56(c)), and once the movant's memorandum of authorities is served, in circuit court the respondent must reply within 10 days, and a rebuttal memorandum may be submitted within 5 days after that (Uniform Rules of Circuit and County Court Practice (URCCC) 4.02(2)).
2
If you were served with a Mississippi summary judgment motion in circuit court, your 10-day reply clock starts when the movant's memorandum of authorities is served on you, not from the date the motion itself was noticed or filed, and your reply must state agreement or specific reasons for disagreement with each fact the movant itemized as undisputed (URCCC 4.02(2)). Whether this clock applies in county court is not clear from the rule's text, so confirm with the clerk.
3
Mississippi's Rule 56 itself sets no fixed number of days to respond; it lets the adverse party serve opposing affidavits prior to the day of the hearing (Miss. R. Civ. P. 56(e)). The concrete 10-day reply clock comes from a separate circuit court rule, URCCC 4.02(2).
4
Mississippi's Rule 56(c) standard has not been amended since its original adoption and still uses the older 'genuine issue' wording rather than the newer 'genuine dispute' phrasing used in some other states; only the rule's Advisory Committee Note has been updated, effective July 1, 2014, and again effective January 16, 2020.
5
The movant must file with the clerk, as part of the motion, an itemization of the facts relied upon and not genuinely disputed, and must mail a memorandum of authorities to the presiding judge at the time of filing; affidavits are optional, and any memorandum or brief is limited to 25 pages (URCCC 4.02(2), (4); Miss. R. Civ. P. 56(e)).
6
A dispositive motion, including a motion for summary judgment, is deemed abandoned unless heard at least 10 days before trial (URCCC 4.02(5)). A claimant generally must wait 30 days after the action commenced to file, while a defending party may move at any time (Miss. R. Civ. P. 56(a), (b)).
7
If summary judgment is denied, Rule 56(h) requires the court to award the prevailing party its reasonable hearing expenses, and allows attorney's fees on top if the motion lacked reasonable cause; partial summary judgment on all or any part of a claim is available under Rule 56(a) without a separate procedure. A motion to dismiss, a motion to set aside a default, and federal court practice are different procedures not covered on this page.

Key decisions before you file

Before you file a Motion for Summary Judgment in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

CAUSE NO. [CAUSE NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

IN THE [CIRCUIT OR COUNTY] COURT OF [COUNTY] COUNTY, MISSISSIPPI

NOTICE OF MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT]

TO: [NAME OF OPPOSING PARTY OR COUNSEL OF RECORD]

PLEASE TAKE NOTICE that [MOVING PARTY NAME], [PLAINTIFF OR DEFENDANT], will move this Court on [HEARING DATE], at [HEARING TIME], in the [CIRCUIT OR COUNTY] Court of [COUNTY] County, Mississippi, for an order granting summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] [IF APPLICABLE: on the issue of liability alone, although a genuine issue remains as to the amount of damages,] on the ground that there is no genuine issue as to any material fact and that [MOVING PARTY NAME] is entitled to a judgment as a matter of law, under Miss. R. Civ. P. 56(a) [IF APPLICABLE: OR 56(b)] and 56(c). This motion is served at least 10 days before the date fixed for the hearing, as required by Rule 56(c).

ITEMIZATION OF UNDISPUTED MATERIAL FACTS

Under Uniform Rules of Circuit and County Court Practice (URCCC) 4.02(2), [MOVING PARTY NAME] files with the clerk, as part of this motion, the following itemization of the facts relied upon and not genuinely disputed:

[NUMBERED ITEMIZATION OF EACH UNDISPUTED MATERIAL FACT]

[IF APPLICABLE: In support, the attached affidavit of [AFFIANT NAME] is made on personal knowledge, sets forth facts admissible in evidence, and shows the affiant's competence to testify, with a sworn or certified copy of each referenced paper attached, as required by Miss. R. Civ. P. 56(e).]

MEMORANDUM OF AUTHORITIES

I. INTRODUCTION [SUMMARY OF THE ACTION AND THE GROUNDS FOR THE MOTION]

II. STATEMENT OF FACTS [SUMMARY OF THE UNDISPUTED FACTS, WITH REFERENCE TO THE ITEMIZATION ABOVE]

III. LEGAL STANDARD Summary judgment is granted if the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Miss. R. Civ. P. 56(c).

IV. ARGUMENT [APPLICATION OF THE STANDARD TO THE UNDISPUTED FACTS, ELEMENT BY ELEMENT]

V. CONCLUSION For the foregoing reasons, [MOVING PARTY NAME] respectfully requests that the Court grant this motion.

RELIEF REQUESTED

WHEREFORE, [MOVING PARTY NAME] respectfully requests that the Court enter [IF APPLICABLE: partial] summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] [IF APPLICABLE: on DESCRIPTION OF THE CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR ISSUE OF LIABILITY], and grant such other relief as the Court deems proper.

Respectfully submitted,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, MISSISSIPPI ZIP] [PHONE] [EMAIL] [MISSISSIPPI BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], being at least 10 days before the hearing date set above, a true and correct copy of this Notice of Motion, Itemization of Undisputed Material Facts, [IF APPLICABLE: the supporting affidavit,] and Memorandum of Authorities was served on [NAME OF OPPOSING PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], and a copy of the Memorandum of Authorities, together with a copy of the complaint and any answer on file, was mailed to the presiding judge under URCCC 4.02(2).

[SIGNATURE] [NAME]

Mississippi Requirements for Motion for Summary Judgment

10-Day Notice Before the Hearing
The motion must be served at least 10 calendar days before the date fixed for the hearing, computed under Miss. R. Civ. P. 6(a) with no exclusion of intermediate weekends or holidays (Miss. R. Civ. P. 56(c)).
10-Day Reply After the Movant's Memorandum
In circuit court, the respondent must reply within 10 days after service of the movant's memorandum of authorities, stating agreement or specific reasons for disagreement with the movant's itemized facts (Uniform Rules of Circuit and County Court Practice (URCCC) 4.02(2)).
5-Day Rebuttal Memorandum
A rebuttal memorandum may be submitted within 5 days after service of the reply memorandum (URCCC 4.02(2)).
10-Days-Before-Trial Hearing Cutoff
A dispositive motion, including a motion for summary judgment, is deemed abandoned unless it is heard at least 10 days before trial (URCCC 4.02(5)).
30-Day Earliest Filing for a Claimant
A claimant may not move for summary judgment until 30 days have passed since the action commenced, or immediately after the adverse party serves its own motion for summary judgment; a defending party may move at any time (Miss. R. Civ. P. 56(a), (b)).
Itemization of Undisputed Facts Filed With the Clerk
The movant must file with the clerk, as part of the motion, an itemization of the facts relied upon and not genuinely disputed, functioning as a de facto separate statement even though Rule 56 itself does not require one (URCCC 4.02(2)).
25-Page Limit on Memoranda
A memorandum or brief, including a summary judgment memorandum, may not exceed 25 pages (URCCC 4.02(4)).
Mandatory Fee-Shifting If Summary Judgment Is Denied
If summary judgment is denied, the court must award the prevailing party its reasonable expenses of attending the hearing, and may award attorney's fees on top of that if the motion was made without reasonable cause (Miss. R. Civ. P. 56(h)).
Partial or Liability-Only Summary Judgment Built Into Rule 56(a)
Rule 56(a) and (b) authorize a motion on all or any part of a claim, counterclaim, cross-claim, or request for declaratory judgment, including an interlocutory judgment on liability alone even though a genuine issue remains as to the amount of damages, with no separate adjudication procedure required.

Find out where you stand in Mississippi

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Mississippi Requirements for Motion for Summary Judgment

10-Day Notice Before the Hearing

10-Day Reply After the Movant's Memorandum

5-Day Rebuttal Memorandum

10-Days-Before-Trial Hearing Cutoff

30-Day Earliest Filing for a Claimant

Itemization of Undisputed Facts Filed With the Clerk

25-Page Limit on Memoranda

Mandatory Fee-Shifting If Summary Judgment Is Denied

Partial or Liability-Only Summary Judgment Built Into Rule 56(a)

Frequently Asked Questions