Limitations for filing actions based on malicious prosecution are found in MS Code Ann 15-1-35:
All actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, or menace, and all actions for slanderous words concerning the person or title, for failure to employ, and for libels, shall be commenced within one (1) year next after the cause of such action accrued, and not after.
MRAP 4(d): If any party files a timely motion of a type specified immediately below the time for appeal for all parties runs from the entry of the order disposing of the last such motion outstanding. This provision applies to a timely motion under the Mississippi Rules of Civil Procedure. . . (5) for relief under Rule 60 if the motion is filed no later than 10 days after the entry of judgment. A notice of appeal filed after announcement or entry of the judgment but before disposition of any of the above motions is ineffective to appeal from the judgment or order, or part hereof, specified in the notice of appeal, until the entry of the order disposing of the last such motion outstanding. Notwithstanding the provisions of Appellate Rule 3(c), a valid notice of appeal is effective to appeal from an order disposing of any of the above motions. [Emphasis added]
Core proceedings are proceedings or issues that are entirely related to the bankruptcy case. The bankruptcy judge presides over these issues. Core proceedings in a bankruptcy case include:
This list is non-exhaustive; core proceedings also include any other proceedings that involve the administration of the bankruptcy estate.
Non-core proceedings are proceedings that do not arise under bankruptcy law, even if some of the issues in the case relate to the bankruptcy. For example, if the bankruptcy debtor is in the middle of a divorce, the divorce is a non-core proceeding. Although the debtor’s property affects the bankruptcy estate, the bankruptcy judge cannot determine the outcome of a divorce case. Similarly, if a bankruptcy debtor is involved in a personal injury lawsuit, the bankruptcy court has no control over the personal injury case, even though the proceeds may be bankruptcy estate property.
When a bankruptcy case involves a number of core and non-core issues combined, the bankruptcy judge must determine issue by issue whether he or she has jurisdiction over each one.
MRCP 59(a) provides that the trial court may grant a new trial ” … in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of Mississippi.” In non-jury cases ” … the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings of fact and conclusions, and direct entry of a new judgment.”
When bringing an action against a city government, the Plaintiff may demand an immediate remedy before the case is finalized. For example, to prevent a city government from taking an action, or in other instances, force a city to take action, one may file a Petition for Preliminary Injunction in connection with the underlying lawsuit. According to the The Mississippi Rules of Civil Procedure Advisory Committee:
“The purpose of a preliminary injunction is to provide injunctive relief until the merits
of the case are resolved. Preliminary injunctions cannot be granted without notice. A party
moving for preliminary injunctive relief pursuant to Rule 65(a) must demonstrate that “(i)
there exists a substantial likelihood that the [movant] will prevail on the merits; (ii) the
injunction is necessary to prevent irreparable harm; (iii) the threatened injury to the [movant] outweighs the harm an injunction might do to the [opposing party]; and (iv) granting a preliminary injunction is consistent with the public interest.” See Littleton v. McAdams, 60 So. 3d 169, 171 (Miss. 2011). Motions for preliminary injunctions are within the trial court’s discretion. See City of Durant v. Humphreys County Mem’l Hosp., 587 So. 2d 244, 250 (Miss. 1991).
Upon being awarded judgment by a Mississippi court, the prevailing party may petition to examine the Defendant’s assets
Mississippi Code Ann 13-1-261 provides:
(1) To aid in the satisfaction of a judgment of more than One Hundred Dollars ($ 100.00), the judgment creditor may examine the judgment debtor, his books, papers or documents, upon any matter relating to his property as provided in Sections 13-1-261 through 13-1-271; except that no single judgment creditor may cause a judgment debtor to submit to examination under this section more than once in a period of six (6) months.
(2) In addition to the method of examination prescribed in subsection (1), the judgment creditor may, in the alternative, utilize the discovery procedures set forth in the Mississippi Rules of Civil Procedure for the purpose of examining the judgment debtor.
Miss. R. Civ. P. 45 governs how to respond to subpoenas for documents in Mississippi.
(2) Subpoenas for Production or Inspection. (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or to permit inspection of premises need not appear in person at the place of production or inspection unless commanded by the subpoena to appear for deposition, hearing or trial. Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days for the person upon whom it is served to comply with the subpoena. A copy of all such subpoenas shall be served immediately upon each party in accordance with Rule 5. A subpoena commanding production or inspection will be subject to the provisions of Rule 26(d). (B) The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance, if such time is less than ten days after service, serve upon the party serving the subpoena written objection to inspection or copying of any or all of the designated materials, or to inspection of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the material except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move at any time upon notice to the person served for an order to compel the production or inspection.(C) The court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (i) quash or modify the subpoena if it is unreasonable or oppressive, or (ii) condition the denial of the motion upon the advance by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. (e) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
Miss. R. Civ. P. 45 governs the quashing of subpoenas in Mississippi.
(1) In General. (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, (iii) designates an improper place for examination, or (iv) subjects a person to undue burden or expense. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, the court may order appearance or production only upon specified conditions. –
Miss. R. Civ. P. 45 governs the service of subpoenas in Mississippi:
(c) Service. (1) A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena. Service of the subpoena shall be executed upon the witness personally. Except when excused by the court upon a showing of indigence, the party causing the subpoena to issue shall tender to a non-party witness at the time of service the fee for one day’s attendance plus mileage allowed by law. When the subpoena is issued on behalf of the State of Mississippi or an officer or agency thereof, fees and mileage need not be tendered in advance. (2) Proof of service shall be made by filing with the clerk of the court from which the subpoena was issued a statement certified by the person who made the service, setting forth the date and manner of service, the county in which it was served, the names of the persons served, and the name, address and telephone number of the person making the service. – See more at: http://www.rcfp.org/mississippi-privilege-compendium/v-procedures-issuing-and-contesting-subpoenas#sthash.hOCxKsrL.dpuf
In Mississippi, if you are served with a subpoena, the following rules apply:
A subpoena that fails to allow reasonable time for compliance is subject to a motion to quash. Miss. R. Civ. Proc. 45(d)(1)(A) (amended eff 7/1/13).
Subpoena for Production or Inspection – 10 Days for Compliance
Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days for the person upon whom it is served to comply with the subpoena. Miss. R. Civ. Proc. 45(d)(2)(A) (amended eff 7/1/13).
Subpoena for Production or Inspection – Immediate Service on Other Parties
A copy of any subpoena for production or inspection must be served immediately upon each party and is subject to the provisions of Rule 26(d). Miss. R. Civ. Proc. 45(d)(2)(A) (amended eff 7/1/13).
Objection to Subpoena for Production or Inspection – Within 10 Days
The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance, if such time is less than ten days after service, serve upon the party serving the subpoena written objection to inspection or copying of any or all of the designated materials, or to inspection of the premises. Miss. R. Civ. Proc. 45(d)(2)(B) (amended eff 7/1/13).
Motion to Quash – Timely Made
A motion to quash must be “timely” made. Miss. R. Civ. Proc. 45(d)(1)(A) (amended eff 7/1/13).
Notice of Deposition – Reasonable Notice
A party desiring to take the deposition of any person upon oral examination must give reasonable notice in writing to every other party to the action. Miss. R. Civ. Proc. 30(b).
