Mississippi rules of civil procedure lays down the rules that should be followed by Mississippi state courts. The rules govern civil actions. The rules are promulgated and construed to secure the just, speedy, efficient, and inexpensive determination of every civil action in state courts. In Mississippi a civil action commences by filing of a complaint with court along a costs deposit. Party who commences the action is called the plaintiff, and the opposite party is called the defendant. A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage. According to Rule 4 (a), once a complaint is filed, the court clerk will issue the required summons to the defendant(s).
Pleadings in Mississippi courts are classified as complaint, answer to complaint, counter claim, answer to counterclaim, cross claim, answer to cross claim, third party complaint and answer to third party complaint. According to Rule 17 (a), a complaint should be filed by the real party in interest. An infant or incompetent person or an incapacitated person may be represented by a guardian, conservator, or fiduciary. The representative can sue or defend on behalf of the infant or incompetent person, or incapacitated person. If an infant or incompetent person or an incapacitated person does not have any authorized representative, s/he may sue by her/his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person, or an incapacitated person for their protection.
Parties may obtain discovery by depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.
At the trial stage, a party may demand for trial by jury. Parties in a civil action can waive their rights to a jury trial by filing a specific, written stipulation with the court. In certain cases the court may exercise its discretion to try the civil action by a jury.
A judgment is passed after trial. The judgment may include a decree or an order upon which an appeal is permissible. Generally, cost of litigation is adjudged to the prevailing party.
