Mississippi Code
Miss. Code Ann. § 99-39-19 (2026)
Evidentiary hearing; summary judgment
✓ current as of July 2026
- (1) If the motion is not dismissed at a previous stage of the proceeding, the judge, after the answer is filed and discovery, if any, is completed, shall, upon a review of the record, determine whether an evidentiary hearing is required. If it appears that an evidentiary hearing is not required, the judge shall make such disposition of the motion as justice shall require.
- (2) The court may grant a motion by either party for summary judgment when it appears from the record that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
Laws, 1984, ch. 378, § 10, eff. 4/17/1984.
Notes of Decisions
Cited in 60
cases (2 in the last 5 years), 1988–2022 · leading case: Neal v. State, 525 So. 2d 1279 (Miss. 1988).
Neal v. State, 525 So. 2d 1279 (Miss. 1988). “Miss. Code Ann. § 99-39-19 (2) (Supp. 1986).”
Reeder v. State, 783 So. 2d 711 (Miss. 2001). “If the trial judge goes beyond the materials enumerated in § 99-39-11 and receives affidavits or other evidence from the State, he may enter summary judgment against the petitioner under Miss. Code Ann. § 99-39-19 (2000). It provides "[i]f the motion is not dismissed at a…”
Gregory A. Thinnes v. State of Mississippi, 196 So. 3d 204 (Miss. Ct. App. 2016). “See Miss.Code Ann. § 99-39-19 (Rev.2015). 3 .”
Myers v. State, 583 So. 2d 174 (Miss. 1991). “Still, nothing said here should be taken to intimate any view on the merits, or even that Myers' claim may survive summary judgment; see Miss. Code Ann. § 99-39-19 (2) (Supp. 1990) and Rule 56, Miss.”
Moore v. Ruth, 556 So. 2d 1059 (Miss. 1990). “Nothing said here should be taken to intimate any view on the merits, or even that Moore's claim may survive summary judgment, see Miss. Code Ann. § 99-39-19 (2) (Supp. 1989) and Rule 56, Miss.”
Sanders v. State, 846 So. 2d 230 (Miss. Ct. App. 2002). “Miss. Code Ann. § 99-39-19 (2) (Rev.2000).”
Roland v. State, 666 So. 2d 747 (Miss. 1995). “Evidentiary Hearing Miss. Code Ann. § 99-39-19 (1) provides: "If the motion is not dismissed at a previous stage of the proceeding, the judge, after the answer is filed and discovery, if any, is completed, shall, upon a review of the record, determine whether an evidentiary…”
Hymes v. State, 703 So. 2d 258 (Miss. 1997). “After that opportunity was afforded, the *260 State contends under Miss.Code § 99-39-19 (Rev. 1994), the trial court had discretionary power to dismiss Hymes' motion for relief.”
Jackson v. State, 732 So. 2d 187 (Miss. 1999). “Miss.Code Ann. § 99-39-19(1)(1994). "If an evidentiary hearing is required the judge may appoint counsel for a petitioner who qualifies for the appointment of counsel under section 99-15-15, Mississippi Code of 1972.”
Mowdy v. State, 638 So. 2d 738 (Miss. 1994). “II Miss. Code Ann. § 99-39-19 (2) (Supp. 1992), vests the circuit courts of this State with the authority to grant motions for summary judgment in post conviction relief proceedings "when it appears from the record that there is no genuine issue of material fact and the movant…”
Wright v. State, 577 So. 2d 387 (Miss. 1991). “The trial court upon reconsideration of the motion, answer, and attached exhibits pursuant to Miss. Code Ann. § 99-39-19 (1) (Supp. 1984) concluded that an evidentiary hearing was not required and issued its order denying and dismissing the motion.”
Brewer v. State, 819 So. 2d 1169 (Miss. 2002). “See also Miss.Code Ann. § 99-39-19. ¶ 21. Although this Court has previously held that one cannot raise a new claim on a motion for rehearing, in this instance, the evidence in support of this new claim is the DNA test results which were not previously available.”
Miss. Code Ann. § 99-39-19(1): 11 cases
Watts v. State, 981 So. 2d 1034 (Miss. Ct. App. 2008).
Rowland v. Britt, 867 So. 2d 260 (Miss. Ct. App. 2003).
McMillian v. State, 774 So. 2d 454 (Miss. Ct. App. 2000).
Stovall v. State, 770 So. 2d 1019 (Miss. Ct. App. 2000).
Hardiman v. State, 904 So. 2d 1225 (Miss. Ct. App. 2005).
Miss. Code Ann. § 99-39-19(1)(1994): 1 case
Jackson v. State, 732 So. 2d 187 (Miss. 1999). “Miss.Code Ann. § 99-39-19(1)(1994). "If an evidentiary hearing is required the judge may appoint counsel for a petitioner who qualifies for the appointment of counsel under section 99-15-15, Mississippi Code of 1972.”
Miss. Code Ann. § 99-39-19(2): 2 cases
Sanders v. State, 846 So. 2d 230 (Miss. Ct. App. 2002). “Miss. Code Ann. § 99-39-19 (2) (Rev.2000).”
Williams v. Castilla, 585 So. 2d 761 (Miss. 1991).
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