Rule 3. COMMENCEMENT OF ACTION

(a) Filing of Complaint. A civil action is commenced by filing a complaint with the

court. A costs deposit shall be made with the filing of the complaint, such deposit to be in

the amount required by law and rules of the court..

(b) Proceeding In Forma Pauperis. A party may proceed in forma pauperis in

accordance with sections 11-53-17 and 11-53-19 of the Mississippi Code Annotated. The

court may, however, on the motion of any party, on the motion of the clerk of the court, or

on its own initiative, examine the affiant as to the facts and circumstances of his pauperism.

Advisory Committee Historical Note

Effective September 10, 2025, Rule 3(a) was amended to provide that the cost deposit

shall be in an amount required by law and rules of court. Rule 3(b) [Motion for Security

Costs] and 3(d) [Accounting for Costs] were deleted. Rule 3(c) [Proceeding in Forma

Pauperis] was renumbered 3(b). XX So. 3d XX (Miss. 20__).

Effective June 24, 1992, Rule 3(a) was amended to provide that before they are

effective, the amounts of required costs deposits must be promulgated by Uniform Court

Rule and approved by the Mississippi Supreme Court. 598-602 So. 2d XXI (West Miss. Cas.

1992).

Effective September 1, 1987, Rule 3(e) was amended by providing that the amount

required as a deposit for filing suit shall be the amount required by the Uniform Rule

governing the court in which the action is filed. 508-511 So. 2d XXV (West Miss. Cas.

1988).

Advisory Committee Notes

Rule 3(a) establishes a precise date for fixing the commencement of a civil action. The

first step in a civil action is the filing of the complaint with the clerk or judge. Service of

process upon the defendant is not essential to commencement of the action, but Rule 4(h)

form Rule

governing the court in which the action is filed. 508-511 So. 2d XXV (West Miss. Cas.

1988).

Advisory Committee Notes

Rule 3(a) establishes a precise date for fixing the commencement of a civil action. The

first step in a civil action is the filing of the complaint with the clerk or judge. Service of

process upon the defendant is not essential to commencement of the action, but Rule 4(h)

does require service of the summons and complaint within 120 days after the filing of the

complaint.

Ascertaining the precise date of commencement is important in determining whether

an action has been brought prematurely; whether it is barred by a statute of limitations; and

which of two or more courts in which actions involving the same parties and issues have

been instituted should retain the case for disposition, absent special considerations.

The provisions in Rule 3 pertaining to costs are intended to make uniform the

assessing, accounting for, and funding of costs.

Rule 3(b) allows indigents to sue without depositing security for costs; however, the

indigent affiant may be examined as to affiant’s financial condition and the court may, if the

allegation of indigency is false, dismiss the action.

[Advisory Committee Note adopted effectively July 1, 2014; amended September 10, 2025.]