UCRCCC 4.02

The provisions of this rule shall apply to all written motions.

1. The original of each motion, and all affidavits and other supporting evidentiary

documents shall be filed with the clerk in the county where the action is

docketed. The moving party at the same time shall mail a copy thereof to the

judge presiding in the action at the judge's mailing address. A proposed order

shall accompany the court's copy of any motion which may be heard ex parte or

is to be granted by consent. Responses and supporting evidentiary documents

shall be filed in the same manner.

2. In circuit court a memorandum of authorities in support of any motion to dismiss

or for summary judgment shall be mailed to the judge presiding over the action

at the time that the motion is filed. Respondent shall reply within ten (10) days

after service of movant's memorandum. A rebuttal memorandum may be

submitted within five (5) days of service of the reply memorandum. Movants for

summary judgment shall file with the clerk as a part of the motion an itemization

of the facts relied upon and not genuinely disputed and the respondent shall

indicate either agreement or specific reasons for disagreement that such facts are

undisputed and material. Copies of motions to dismiss or for summary judgment

sent to the judge shall also be accompanied by copies of the complaint and, if

filed, the answer.

3. Accompanying memoranda or briefs in support of other motions are encouraged

but not required. Where movant has served a memorandum or brief, respondent

may serve a reply within ten (10) days after service of movant’s memorandum

or brief. A rebuttal memorandum or brief may be served within five (5) days of

service of the reply memorandum.

4. No memorandum or brief required or permitted by this rule shall be filed

with the clerk. Memoranda or briefs shall not exceed 25 pages in length.

If any memorandum, brief or other paper submitted in support of a legal

argument in any case cites or relies upon any authority other than a

Mississippi or federal statute, Mississippi or federal Rule of Court, United

States Supreme Court case, or a case reported in the Southern or Federal

Reporter series, a copy of such authority must accompany the brief or other

paper citing it.

5. All dispositive motions shall be deemed abandoned unless heard at least ten days

prior to trial.