MISSISSIPPI RULES OF CIVIL PROCEDURE
ANNOTATED
Annotations Under Construction!

TABLE OF CONTENTS

ORDER ADOPTING THE MISSISSIPPI RULES OF CIVIL PROCEDURE

CHAPTER I. SCOPE OF RULES--ONE FORM OF ACTION

RULE 1. SCOPE OF RULES - A
RULE 2. ONE FORM OF ACTION


CHAPTER II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

RULE 3. COMMENCEMENT OF ACTION
RULE 4. SUMMONS
RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
RULE 6. TIME 


CHAPTER III. PLEADINGS AND MOTIONS

RULE 7. PLEADINGS ALLOWED; FORM OF MOTIONS
RULE 8. GENERAL RULES OF PLEADING
RULE 9. PLEADING SPECIAL MATTERS
RULE 10. FORM OF PLEADINGS
RULE 11. SIGNING OF PLEADINGS AND MOTIONS
RULE 12. DEFENSES AND OBJECTIONS--WHEN AND HOW PRESENTED--BY PLEADING OR MOTION--MOTION FOR JUDGMENT ON THE PLEADINGS
RULE 13. COUNTERCLAIM AND CROSS-CLAIM
RULE 14. THIRD-PARTY PRACTICE
RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS
RULE 16. PRE-TRIAL PROCEDURE 


CHAPTER IV. PARTIES

RULE 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY
RULE 18. JOINDER OF CLAIMS AND REMEDIES
RULE 19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
RULE 20. PERMISSIVE JOINDER OF PARTIES
RULE 21. MISJOINDER AND NONJOINDER OF PARTIES
RULE 22. INTERPLEADER
RULE 23. CLASS ACTIONS [OMITTED]
RULE 23.1. DERIVATIVE ACTIONS BY SHAREHOLDERS [OMITTED]
RULE 23.2. ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS [OMITTED]
RULE 24. INTERVENTION
RULE 25. SUBSTITUTION OF PARTIES 


CHAPTER V. DEPOSITIONS AND DISCOVERY

RULE 26. GENERAL PROVISIONS GOVERNING DISCOVERY
RULE 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
RULE 29. STIPULATIONS REGARDING DISCOVERY PROCEDURE
RULE 30. DEPOSITIONS UPON ORAL EXAMINATION
RULE 31. DEPOSITIONS UPON WRITTEN QUESTIONS
RULE 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS
RULE 33. INTERROGATORIES TO PARTIES
RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
RULE 35. PHYSICAL AND MENTAL EXAMINATIONS OF PERSONS [OMITTED]
RULE 36. REQUESTS FOR ADMISSION
RULE 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY: SANCTIONS 


CHAPTER VI. TRIALS

RULE 38. JURY TRIAL OF RIGHT
RULE 39. TRIAL BY JURY OR BY THE COURT [OMITTED]
RULE 40. ASSIGNMENT OF CASES FOR TRIAL
RULE 41. DISMISSAL OF ACTIONS
RULE 42. CONSOLIDATION: SEPARATE TRIALS
RULE 43. TAKING OF TESTIMONY
RULE 44. PROOF OF DOCUMENTS
RULE 44.1. DETERMINATION OF FOREIGN LAW [OMITTED]
RULE 45. SUBPOENA
RULE 46. EXCEPTIONS UNNECESSARY
RULE 47. JURORS
RULE 48. JURIES AND JURY VERDICTS
RULE 49. GENERAL VERDICTS AND SPECIAL VERDICTS
RULE 50. MOTIONS FOR A DIRECTED VERDICT AND FOR JUDGMENT NOTWITHSTANDING THE VERDICT
RULE 51. INSTRUCTIONS TO JURY
RULE 52. FINDINGS BY THE COURT
RULE 53. MASTERS, REFEREES, AND COMMISSIONERS 


CHAPTER VII. JUDGMENT

RULE 54. JUDGMENTS; COSTS
RULE 55. DEFAULT
RULE 56. SUMMARY JUDGMENT
RULE 57. DECLARATORY JUDGMENTS
RULE 58. ENTRY OF JUDGMENT
RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
RULE 60. RELIEF FROM JUDGMENT OR ORDER
RULE 61. HARMLESS ERROR
RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
RULE 63. DISABILITY OF A JUDGE 


CHAPTER VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

RULE 64. SEIZURE OF PERSON OR PROPERTY
RULE 65. INJUNCTIONS
RULE 65.1. SECURITY: PROCEEDINGS AGAINST SURETIES
RULE 66. RECEIVERS
RULE 67. DEPOSIT IN COURT
RULE 68. OFFER OF JUDGMENT
RULE 69. EXECUTION
RULE 70. JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE
RULE 71. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES
RULE 71A. EMINENT DOMAIN [RESERVED] 


CHAPTER IX. APPEALS

RULES 72 TO 76. [OMITTED]


CHAPTER X. COURTS AND CLERKS

RULE 77. COURTS AND CLERKS
RULE 78. MOTION PRACTICE
RULE 79. BOOKS AND RECORDS KEPT BY THE CLERK AND ENTRIES THEREIN
RULE 80. STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE [OMITTED]
RULE 81. APPLICABILITY OF RULES 


CHAPTER XI. GENERAL PROVISIONS

RULE 82. JURISDICTION AND VENUE
RULE 83. LOCAL COURT RULES
RULE 84. FORMS
RULE 85. TITLE 


APPENDIX A. FORMS [See Rule 84]
INTRODUCTORY STATEMENT
 

FORM 1A. SUMMONS
FORM 1AA. SUMMONS
FORM 1B. NOTICE AND ACKNOWLEDGEMENT FOR SERVICE BY MAIL
FORM 1C. SUMMONS BY PUBLICATION
FORM 1D. RULE 81 SUMMONS
FORM 1DD. RULE 81 SUMMONS
FORM 1E. WAIVER OF PROCESS
FORM 2. COMPLAINT ON A PROMISSORY NOTE
FORM 3. COMPLAINT ON COVENANT OR AGREEMENT
FORM 4. COMPLAINT FOR SPECIFIC PERFORMANCE
FORM 5. COMPLAINT ON AN OPEN ACCOUNT
FORM 6. COMPLAINT ON ACCOUNT STATED
FORM 7. COMPLAINT FOR GOODS SOLD AND DELIVERED
FORM 8. COMPLAINT FOR WORK AND LABOR DONE
FORM 9. COMPLAINT FOR MONEY LENT
FORM 10. COMPLAINT FOR MONEY PAID BY MISTAKE
FORM 11. COMPLAINT FOR MONEY HAD AND RECEIVED
FORM 12. COMPLAINT FOR MONEY PAID BY PLAINTIFF FOR DEFENDANT
FORM 13. COMPLAINT ON A POLICY OF LIFE INSURANCE
FORM 14. COMPLAINT ON A POLICY OF FIRE INSURANCE
FORM 15. COMPLAINT FOR NEGLIGENCE OR WANTONNESS
FORM 16. COMPLAINT FOR ASSAULT AND BATTERY
FORM 17. COMPLAINT FOR FALSE IMPRISONMENT
FORM 18. COMPLAINT FOR MALICIOUS PROSECUTION
FORM 19. COMPLAINT FOR FRAUD
FORM 20. COMPLAINT ON A WARRANTY
FORM 21. COMPLAINT FOR CONVERSION
FORM 22. MOTION TO DISMISS PURSUANT TO RULE 12(b)
FORM 23. ANSWER PRESENTING DEFENSES UNDER RULE 12(b)
FORM 24. MOTION TO BRING IN THIRD-PARTY DEFENDANT
FORM 25. THIRD-PARTY COMPLAINT
FORM 26. MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24
FORM 27. MOTION TO DROP DEFENDANT OR FOR SEVERANCE OF CLAIMS
FORM 28. MOTION BY DEFENDANT FOR SEVERANCE OF CLAIMS OF SEVERAL PLAINTIFFS
FORM 29. MOTION BY PLAINTIFF TO ADD DEFENDANT
FORM 30. MOTION BY DEFENDANT TO BRING IN ADDITIONAL DEFENDANT
FORM 31. MOTION BY DEFENDANT TO ADD ADDITIONAL PLAINTIFF
FORM 32. ANSWER TO COMPLAINT SET FORTH IN FORM 11, WITH COUNTERCLAIM FOR INTERPLEADER
FORM 33. PLAINTIFF'S MOTION FOR SUBSTITUTION-- DECEASED PARTY DEFENDANT
FORM 34. PRE-TRIAL ORDER
FORM 35. MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, OR IN THE ALTERNATIVE, FOR NEW TRIAL
FORM 36. APPLICATION TO CLERK FOR ENTRY OF DEFAULT AND SUPPORTING AFFIDAVIT
FORM 37. DOCKET OF ENTRY OF DEFAULT
FORM 38. DEFAULT JUDGMENT ENTERED BY COURT

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