Motions: Form, Content, Rights of Reply

Mississippi Rules of Criminal Procedure (effective July 1, 2023)

Rule: 34.1

Jurisdiction: MS

Bluebook Citation: Miss. R. Crim. P. 34.1

(a) In General. A party applying to the court for an order must do so by motion. (b) Form and Content of a Motion. A motion – except when made during a trial or hearing – must be in writing, unless the court permits the party to make the motion by other means. A motion shall contain a concise statement of the precise relief requested and shall state the specific factual grounds and specific legal authority in support thereof. A motion may be supported by affidavit. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion or if the matter is presented in an agreed order. (c) Rights of Reply. Unless otherwise ordered by the court, each party may file and serve a response within ten (10) days after service of the motion, and the moving party may file and serve a reply, which shall be directed only to matters raised in a response, within five (5) days after service of the response. Responses and replies shall be in the form required for motions. Comment

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