Mississippi summary judgment: ten days out, and affidavits up to the day before
Mississippi procedure · Last verified August 17, 2026
Mississippi counts backwards from the hearing date. The motion goes out ten days before it, and opposing affidavits may be served right up to the day before.
That late opposing deadline is unusually generous — but it is not an invitation to wait. A judge reading the file the night before has not read what lands that morning.
The two deadlines
Miss. R. Civ. P. 56(c):
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, togethe
| Paper | Deadline |
|---|---|
| The motion | at least 10 days before the time fixed for the hearing |
| Opposing affidavits | prior to the day of the hearing |
When each side may move
Rule 56(a) — the 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.
Rule 56(b) — the 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.
| Party | May move |
|---|---|
| Claimant | after 30 days from commencement, or once the other side moves |
| Defending party | at any time |
Thirty days matches Mississippi's answer period, so a claimant can move as soon as the answer is due.
Where this connects
A Mississippi Rule 12(b)(6) motion converts into this rule if outside material is presented and not excluded — see the Mississippi motion to dismiss.
If judgment has already gone against you, Mississippi allows only six months on the first three Rule 60(b) grounds, and it renumbers them so that fraud is (1) — see setting aside a Mississippi default judgment.
On the discovery side, Rule 37(e) reaches a failure to cooperate in framing a discovery plan — see the Mississippi motion to compel.
How Mississippi compares
| Mississippi | Alabama | South Carolina | Federal | |
|---|---|---|---|---|
| Clock runs from | the hearing date | the hearing date | the hearing date | service |
| Motion served before the hearing | 10 days | 10 days | 10 days | — |
| Opposition due | the day before | 2 days before | 2 days before | local rule |
| Claimant may move after | 30 days | 30 days | 30 days | at any time |
| Statement of facts required | no | narrative summary | no | no |
A short checklist
- Find the hearing date. Both deadlines count backwards from it.
- Serve the motion at least ten days out.
- As respondent, you have until the day before — but file earlier if you want the affidavits read.
- As claimant, wait 30 days from commencement unless the other side moves first.
- Consider moving on liability alone where damages are genuinely disputed.
Where these rules live
This page explains what the rules say. It isn't legal advice, and what makes a factual issue genuine or material is developed in case law this site doesn't cover.