Rule 1. SCOPE OF RULES

These rules govern procedure in the circuit courts, chancery courts, and county courts

in all suits of a civil nature, whether cognizable as cases at law or in equity, subject to certain

limitations enumerated in Rule 81; however, even those enumerated proceedings are still

subject to these rules where no statute applicable to the proceedings provides otherwise or

sets forth procedures inconsistent with these rules. These rules shall be construed,

administered, and employed by the court and the parties to secure the just, speedy, and

inexpensive determination of every action.

Advisory Committee Historical Note

Effective July 1, 2020, Rule 1 was amended to emphasize that the parties share

responsibility with the court to employ the rules so as to secure the just, speedy and

inexpensive resolution of every action. XX So. 3d XX (Miss. __).

Advisory Committee Notes

These rules are to be applied as liberally to civil actions as is judicially feasible,

whether in actions at law or in equity. However, nothing in the rules should be interpreted

as abridging or modifying the traditional separations of jurisdiction between the law courts

and equity courts in Mississippi.

The salient provision of Rule 1 is the statement that “These rules shall be construed,

administered, and employed by the court and the parties to secure the just, speedy, and

inexpensive determination of every action.” There probably is no provision in these rules

more important than this mandate; it reflects the spirit in which the rules were conceived and

written and in which they should be interpreted. The primary purpose of procedural rules is

to promote the ends of justice; these rules reflect the view that this goal can best be

accomplished by the establishment of a single form of action, known as a “civil action,”

thereby uniting the procedures in law and equity through a simplified procedure that

minimizes technicalities and places considerable discretion in the trial judge for construing

the rules in a manner that will secure their objectives

the ends of justice; these rules reflect the view that this goal can best be

accomplished by the establishment of a single form of action, known as a “civil action,”

thereby uniting the procedures in law and equity through a simplified procedure that

minimizes technicalities and places considerable discretion in the trial judge for construing

the rules in a manner that will secure their objectives.

[Advisory Committee Note adopted effective July 1, 2014; amended effective July 1, 2020.]