[COURT SEAL OR CAPTION SPACE]

IN THE [_] COURT OF [___] COUNTY, MISSISSIPPI
[PLAINTIFF’S COMPLETE NAME],
                           PLAINTIFF

v. CIVIL ACTION NO. [__]

[DEFENDANT’S COMPLETE NAME],
                          DEFENDANT

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

[Miss. R. Civ. P. 56]

[// GUIDANCE: File and serve this motion, brief, exhibits, and proposed order in accordance with Miss. R. Civ. P. 5, the Court’s scheduling order, and all applicable local rules. Complete all bracketed information and ensure pinpoint record citations.]

TABLE OF CONTENTS

1. Introduction …………………………………………………………………………………… 2
2. Statement of Undisputed Material Facts ………………………………………………… 2
3. Standard for Summary Judgment …………………………………………………………… 4
4. Argument and Authorities …………………………………………………………………… 5
   4.1 Claim I – [Short Descriptor] ……………………………………………………………… 5
   4.2 Claim II – [Short Descriptor] …………………………………………………………… 7
   4.3 Additional Grounds (If Any) …………………………………………………………… 9
5. Conclusion & Prayer for Relief ……………………………………………………………… 10
6. Certificate of Service ………………………………………………………………………… 11
7. Proposed Order (Separate Document) …………………………………………………… —

1. INTRODUCTION

Pursuant to Rule 56 of the Mississippi Rules of Civil Procedure (“MRCP”), Defendant [DEFENDANT] respectfully moves this Court for the entry of summary judgment on all claims asserted by Plaintiff [PLAINTIFF]. After adequate time for discovery, the record is devoid of evidence creating a genuine issue of material fact, and Defendant is entitled to judgment as a matter of law.

2. STATEMENT OF UNDISPUTED MATERIAL FACTS

Under MRCP 56(c) & (e), Defendant submits that the following material facts are undisputed. Each fact is supported by admissible evidence in the record, specifically identified parenthetically.

1. [Fact No. 1] – Cite to record (e.g., Smith Dep. 12:4–13:2; Ex. “A”).
2. [Fact No. 2] – Cite to record.
3. …

[// GUIDANCE: Attach a separate “Statement of Undisputed Material Facts” if required by local rule or the Court’s case-management order. Some Mississippi judges prefer a stand-alone document.]

3. STANDARD FOR SUMMARY JUDGMENT

Under MRCP 56(c), summary judgment shall be rendered when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”
Consistent with MRCP 56(e):

• Supporting and opposing affidavits must be made on personal knowledge, set forth admissible facts, and affirmatively demonstrate the affiant’s competence.
• When the movant makes a properly supported motion, the non-movant “may not rest upon the mere allegations or denials” of the pleadings but must respond with specific facts showing a genuine issue for trial.

[// GUIDANCE: The Court will apply Mississippi substantive law in evaluating claims and defenses. Omit any federal standards not adopted by Mississippi unless arguing persuasive authority.]

4. ARGUMENT AND AUTHORITIES

4.1 Claim I – [E.g., Breach of Contract]

1. Element One: [Describe]
   a. Undisputed Fact(s): [Cross-reference ¶¶ above]
   b. Legal Requirement: [Cite controlling statute or rule, if any]
   c. Application: [Explain why evidence fails]
2. Element Two: …
3. Because Plaintiff cannot establish [required element], Defendant is entitled to judgment as a matter of law.

4.2 Claim II – [E.g., Negligence]

1. Duty: …
2. Breach: …
3. Causation: …
4. Damages: …

As shown, the uncontroverted evidence negates essential elements and no genuine dispute exists.

4.3 Additional Grounds (If Any)

[Address statute of limitations, affirmative defenses, etc.]

[// GUIDANCE: Use sub-headings that track the specific causes of action pled in the complaint. Align each argument with corresponding undisputed facts.]

5. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that this Court:

1. Grant Defendant’s Motion for Summary Judgment;
2. Dismiss all claims asserted by Plaintiff with prejudice;
3. Tax all costs of court against Plaintiff; and
4. Award Defendant any further relief, at law or in equity, to which Defendant may be justly entitled.

Respectfully submitted on this the ___ day of [MONTH], [YEAR].

SUBMITTED BY:

[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: []
Facsimile: []
Email: [Attorney email]

By: /s/ [ATTORNEY NAME]
 [ATTORNEY NAME] (MSB #_____)
 Counsel for Defendant

6. CERTIFICATE OF SERVICE

I certify that on this day I electronically filed the foregoing with the Clerk of Court using the MEC system, which sent notification of such filing to all counsel of record. I further certify that I have mailed by United States Postal Service a true and correct copy of the foregoing document to any non-MEC participants at their last-known addresses.

DATED: ___ [MONTH] [DAY], [YEAR].

/s/ [ATTORNEY NAME]
[ATTORNEY NAME]

PROPOSED ORDER GRANTING SUMMARY JUDGMENT

[File as a separate attachment per local practice]

[CAPTION]

THIS MATTER came before the Court on Defendant’s Motion for Summary Judgment. Having considered the motion, the record, and applicable law, the Court finds that the motion is well-taken and should be GRANTED.
IT IS, THEREFORE, ORDERED AND ADJUDGED that Plaintiff’s claims are hereby DISMISSED WITH PREJUDICE.
SO ORDERED, this the ___ day of ____, 20__.

[NAME OF JUDGE], [TITLE]

KEY MISSISSIPPI PRACTICE NOTES

[// GUIDANCE: Remove this section before filing.]

1. Word/Page Limits: Uniform Rule of Circuit and County Court Practice 4.02 generally limits principal briefs to 25 pages absent Court permission. Always confirm any standing local order.
2. Timing: MRCP 56(b) permits a defending party to move “at any time,” but many scheduling orders set a dispositive-motions deadline.
3. Evidentiary Materials:
   • Attach certified or sworn copies of all documents referred to in an affidavit.
   • Deposition excerpts should include court reporter certification pages.
4. Record Citations: Pinpoint citations (page:line) greatly aid the Court’s review and reduce the risk of factual disputes.
5. Hearing: Determine whether the assigned judge requires oral argument; if so, coordinate a mutually agreeable date and include a notice of hearing.
6. Proposed Order: Some judges require an editable copy (e.g., Word) emailed to chambers in addition to filing via MEC.

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