Miss. R. Civ. P. 56

(a) For Claimant. A party seeking to recover upon a claim, counter-claim, or

cross-claim, or to obtain a declaratory judgment may, at any time after the expiration of

thirty days from the commencement of the action or after service of a motion for summary

judgment by the adverse party, move with or without supporting affidavits for a summary

judgment in his favor upon all or any part thereof.

(b) For Defending Party. A party against whom a claim, counter-claim, or

cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or

without supporting affidavits for a summary judgment in his favor as to all or any part

thereof.

(c) Motion and Proceedings Thereon. The motion shall be served at least ten days

before the time fixed for the hearing. The adverse party prior to the day of the hearing may

serve opposing affidavits. The judgment sought shall be rendered forthwith if 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 a judgment as a matter of law. A summary judgment, interlocutory in character,

may be rendered on the issue of liability alone, although there is a genuine issue as to the

amount of damages.

(d) Case Not Fully Adjudicated on Motion. If on motion under this rule judgment

is not rendered on the whole case or for all the relief asked and a trial is necessary, the court

at the hearing of the motion, by examining the pleadings and the evidence before it and by

interrogating counsel, shall if practicable ascertain what material facts exist without

substantial controversy and what material facts are actually and in good faith controverted.

It shall thereupon make an order specifying the facts that appear without substantial

controversy, including the extent to which the amount of damages or other relief is not in

controversy, and directing such further proceedings in the action as are just. Upon the trial

of the action the facts so specified shall be deemed established, and the trial shall be

conducted accordingly.

(e) Form of Affidavits; Further Testimony; Defense Required. Supporting and

opposing affidavits shall be made on personal knowledge, shall set forth such facts as would

be admissible in evidence, and shall show affirmatively that the affiant is competent to testify

to the matter stated therein. Sworn or certified copies of all papers or parts thereof referred

to in an affidavit shall be attached thereto or served therewith. The court may permit

affidavits to be supplemented or opposed by depositions, answers to interrogatories, or

further affidavits. When a motion for summary judgment is made and supported as provided

in this rule, an adverse party may not rest upon the mere allegations or denials of his

pleadings, but his response, by affidavits or as otherwise provided in this rule, must set forth

specific facts showing that there is a genuine issue for trial. If he does not so respond,

summary judgment, if appropriate, shall be entered against him.

(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party

opposing the motion that he cannot for reasons stated present by affidavit facts essential to

justify his opposition, the court may refuse the application for judgment or may order a

continuance to permit affidavits to be obtained or depositions to be taken or discovery to be

had or may make such order as is just.

(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court

at any time that any of the affidavits presented pursuant to this rule are presented in bad faith

or solely for the purpose of delay, the court shall forthwith order the party employing them

to pay to the other party the amount of the reasonable expenses which the filing of the

affidavits caused him to incur, including reasonable attorney’s fees, and any offending party

or attorney may be adjudged guilty of contempt.

(h) Costs to Prevailing Party When Summary Judgment Denied. If summary

judgment is denied the court shall award to the prevailing party the reasonable expenses

incurred in attending the hearing of the motion and may, if it finds that the motion is without

reasonable cause, award attorneys’ fees.