# M.R.A.P. 1: Rule 1. SCOPE OF RULES

> Mississippi · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R1

## Section

- **Citation:** M.R.A.P. 1
- **Heading:** Rule 1. SCOPE OF RULES
- **Jurisdiction:** Mississippi
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Mississippi Rules of Court / Mississippi Rules of Appellate Procedure / M.R.A.P. 1

## Text

These rules govern procedure in appeals to the Supreme Court of Mississippi and the
Court of Appeals of the State of Mississippi; proceedings on petitions for writs; other relief
which the Supreme Court or the Court of Appeals or a justice of the Supreme Court or judge
of the Court of Appeals is empowered to grant; and appeals from county court to circuit
court. When these rules provide for the making of a motion in the trial court, the procedure
for making such motion shall be in accordance with the practice of the trial court.
[Amended effective May 5, 2020.]
Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 1 replaced Miss.Sup.Ct.R. 1, embracing
proceedings in the Court of Appeals. 644-647 So.2d XXIII-XXIV (West Miss.Cases 1994).
Comment
Electronic filing in most appellate matters became mandatory on January 1, 2014.
Under Section 1.D. of the Appellate E-Filing Administrative Procedures, “all briefs, motions,
responses, and compliance documents . . . must be filed electronically.” Section 4 exempts
sealed and confidential cases, pro se litigants, and documents other than briefs, motions,
responses and compliance documents, all of which must be filed conventionally.
These rules are not to be construed to extend or limit jurisdiction of the Supreme
Court, except that Rule 5 is intended to expand the occasions upon which the Court may
exercise its power to hear interlocutory appeals. See Southern Farm Bureau Cas. Ins. v.
Holland, 469 So. 2d 55, 62-64 (Miss. 1985), (Anderson, J., concurring). The jurisdictional
statute permits interlocutory appeals "in cases particularly provided for by law." Miss. Code
Ann. § 9-3-9 (Supp. 1994). These rules are "law." See Newell v. State, 308 So. 2d 71 (Miss.
1975).
Appeals from county court to circuit court are controlled, in part, by the Mississippi
hern Farm Bureau Cas. Ins. v.
Holland, 469 So. 2d 55, 62-64 (Miss. 1985), (Anderson, J., concurring). The jurisdictional
statute permits interlocutory appeals "in cases particularly provided for by law." Miss. Code
Ann. § 9-3-9 (Supp. 1994). These rules are "law." See Newell v. State, 308 So. 2d 71 (Miss.
1975).
Appeals from county court to circuit court are controlled, in part, by the Mississippi

Rules of Appellate Procedure. Van Meter v. Alford, 774 So. 2d 430, 432 (Miss. 2000)
(quoting Am. Inv’rs, Inc. v. King, 733 So. 2d 830, 832 (Miss. 1999)).
Rules which provide for the making of a motion in the trial court include Rules 4(g),
extension of time to appeal; 6, determination of in forma pauperis status; 8(b), stay on appeal
to be first sought in trial court; and 10(e) correction of record on appeal. Trial court practice
is governed by the Mississippi Rules of Civil Procedure, Mississippi Rules of Evidence,
Mississippi Rules of Criminal Procedure, applicable uniform rules, and local rules where
adopted pursuant to M.R.C.P. 83 or MRCrP 1.9. The term "trial court" in these rules
includes a circuit or chancery court sitting as an appellate court. Rule 46(b) concerning the
admission of foreign attorneys governs admission in trial courts, in administrative agencies,
and in the appellate courts.
The Mississippi Rules of Appellate Procedure, effective January 1, 1995, are based
on the Mississippi Supreme Court Rules and were adopted to include procedure in the Court
of Appeals of the State of Mississippi pursuant to Miss. Code Ann. §9-4-1 et seq. (Supp.
1994).
[Comment amended effective October 25, 2018, to address electronic filing; amended
effective May 5, 2020.]

## Nearby sections

- [M.R.A.P. 1 Rule 1. SCOPE OF RULES](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R1.md)
- [M.R.A.P. 2 Rule 2. PENALTIES FOR NONCOMPLIANCE WITH RULES;](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R2.md)
- [M.R.A.P. 3 Rule 3. APPEAL AS OF RIGHT - HOW TAKEN](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R3.md)
- [M.R.A.P. 4 Rule 4. APPEAL AS OF RIGHT - WHEN TAKEN](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R4.md)
- [M.R.A.P. 5 Rule 5. INTERLOCUTORY APPEAL BY PERMISSION](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R5.md)
- [M.R.A.P. 6 Rule 6. COUNSEL ON APPEAL IN CRIMINAL CASES](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R6.md)
- [M.R.A.P. 7 Rule 7. [SECURITY FOR COSTS ON APPEAL IN CIVIL CASES]](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R7.md)
- [M.R.A.P. 8 Rule 8. STAY OR INJUNCTION PENDING APPEAL](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R8.md)
- [M.R.A.P. 9 Rule 9. RELEASE IN CRIMINAL CASES](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R9.md)
- [M.R.A.P. 10 Rule 10. CONTENT OF THE RECORD ON APPEAL](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R10.md)
- [M.R.A.P. 11 Rule 11. COMPLETION AND TRANSMISSION OF THE RECORD](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R11.md)
- [M.R.A.P. 12 Rule 12. TRANSMISSION OF ORIGINAL ITEM FROM THE TRIAL COURT](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R12.md)
- [M.R.A.P. 13 Rule 13. DOCKETING THE APPEAL AND FILING THE RECORD](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R13.md)
- [M.R.A.P. 14 Rule 14. FINDINGS OF FACT AND CALCULATIONS](https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R1. Check the current official text before relying on it. Not legal advice.
