Miss. R. Civ. P. 78

As amended through October 31, 2024

Rule 78 - Motion Practice

Each court shall establish procedures for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of actions.

To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.

Miss. R. Civ. P. 78

Amended effective 3/1/1989; amended effective 4/17/2003 to allow the courts, by rule to provide for determination of motions seeking final judgment without oral argument.

Advisory Committee Historical Note

Effective March 1, 1989, Rule 78 was amended by changing its title to "MOTION PRACTICE" and by abrogating provisions for local rules. 536-538 So. 2d XXXI (West Miss. Cas. 1989).

Advisory Committee Notes

Rule 78 does not alter any local rules governing motion practice; however, the rule must be considered in light of Rule 83.

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