Category: Civil Procedure

Serving a Summons – when is a copy not a copy?

When a Complaint is served on a defendant, it is accompanied by a Summons that instructs the defendant to file an answer within a certain amount of time. Service of a summons is, in most cases, governed by Rule 4 of the Mississippi Rules of Civil Procedure. Rule 4 provides for service in several different [..]

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The sham affidavit rule

On February 18, 2019, the United States Court of Appeals for the Fifth Circuit handed down its decision in Winzer v. Kaufman County, et al. One of the issues the Court addressed is the sham affidavit rule. How are affidavits used in federal court? Affidavits can be used in any number of circumstances. They are [..]

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Have you been sued or charged with a crime?

Sued? Charged with a crime? Talk to an attorney. Call the Panter Law Firm, PLLC, at 6016073156. If this is your first time involved in a legal action, consider the following information… Judicial Districts Mississippi has 82 counties.  There are 20 distinct Chancery and Circuit Court districts.  For example, Rankin County makes up the entirety [..]

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New ethics opinion on “ghostwriting”

We previously wrote here about ghostwriting for pro se parties in a lawsuit. Pro se parties are people representing themselves in court without a lawyer. The term ghostwriting refers to a situation where a lawyer drafts a legal document for the pro se party to sign and file with the court. In this instance, the [..]

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Expert Reports in Federal Court

When designating an expert witness in federal court in Mississippi, a lawyer must take into account the requirements of the Federal Rules of Civil Procedure, the Local Uniform Civil Rules for the Northern and Southern Districts of Mississippi, and the Federal Rules of Evidence. Which witnesses must be disclosed as experts? Rule 26, Fed.R.Civ.P., states [..]

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Mississippi Statutes of Limitation – Part 6

This is the 6th in a series of articles about Mississippi statutes of limitation found in Title 15, Chapter 1, of the Mississippi Code. You can read the other articles here. This post explains the “discovery rule” and its implications in determining when a statute of limitation begins to run. What is the discovery rule? [..]

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