### Serial: 

### 231410 IN THE SUPREME COURT OF MISSISSIPPI No. 89-R-99024-SCT 

# FILED MAY 05 

## 2020 INRE: JUSTICE COURTRULES OFFICE OF THE CLERK SUPREME COURT COURT OF APPEALS 

### EN BANC ORDER Beforethe enbane Court are (1) the ProposedUniformRules ofJusticeCourt(Motion No. 2011-1250), filed by the Justice Court Rules Committee ("Petition I"); (2) the Petition

to Repeal the Mississippi Uniform Rules ofProcedure for Justice Court and to Adopt the Proposed Mississippi UniformRules ofJustice Court as EndorsedbytheMississippi Justice Court Judges Association (Motion No. 2012-1514), filed by the Mississippi Justice Court Judges Association ("Petition II"); and (3) the Petition to Amend the Mississippi Uniform Rules ofProcedure for Justice Court to Improve the Uniformity, Efficiency, and Clarity of Justice Court Procedures (Motion No. 2017-3311 ), filed by the Board of the Mississippi Justice Court Judges Association ("Petition III"). Petition III withdraws all prior petitions to repeal or amend the Mississippi Uniform Rules ofProcedure for Justice Court. Wethus find thatPetitions I and II shouldbe dismissed. Not long after being filed, Petition III was posted for comment. Since then, the Court's Rules Committee on Civil Practice andProcedurehas metnumerous times to discuss amendingtheMississippiUniformRules of Procedurefor Justice Court. WilliamA. Charlton withtheMississippiJudicial College andJustice CourtJudgesMelvinRay, Wes Ryals, Clark Secoy, Jason Thornton, and Edwin Woods Jr. participated in many ofthose meetings and

### contributed significantly. The Court expresses its sincere appreciation for those individuals' work and for the work ofmany others who have contributed throughout the process. Among them are Justice Court Judge Jerry Jones, former Chair of the Mississippi Justice Court
' 

### Judges Association, and several Association members. FromFebruary 14, 2020, to March 5, 2020, the Rules Committee postedrevised rules for comment. Three comments were filed. Based on them, the Rules Committee made changes and re-postedtherevisedrules for comment from March 27, 2020, to April 13, 2020. No comments were filed. After due consideration, we find that the Mississippi UniformRules ofProcedure for Justice Court should be amended as set forth in the attached Exhibit A. IT IS THEREFORE ORDERED that the Petition to Amend the Mississippi Uniform Rules ofProcedure for Justice Court to Improve the Uniformity, Efficiency, and Clarity of Justice Court Procedures (Motion No. 2017-3311) is granted in part. The Mississippi Uniform Rules of Procedure for Justice Court are amended as set forth in the attached Exhibit A. The amendments shall be effective July 1, 2020. IT IS FURTHER ORDERED that the Proposed Uniform Rules of Justice Court (Motion No. 2011-1250) and the Petition to Repeal the Mississippi Uniform Rules of Procedure for Justi~e Court and to Adoptthe Proposed Mississippi Uniform Rules ofJustice Court as Endorsed by the Mississippi Justice Court Judges Association (Motion No. 2012- 1514) are dismissed.

2

### IT IS FURTHER ORDERED thatthe Clerk ofthis Court shall spread this order upon the minutes of the Court and send a certified copy to West Publishing Company for publication in the advance sheets ofSouthern Reporter, Third Series (Mississippi Edition), 

### and in the next edition ofthe Mississippi Rules of Court. 

### SO ORDERED, this the 

# f; day of ay 2020.

ALL JUSTICES AGREE.

( 

### MICHAEL K. RANDOLPH, CHIEF JUSTICE FOR THE COURT

3EXHIBIT A


### RULES OF JUSTICE COURT

GENERAL RULES Rule 1 Scope ofRules. Rule 2 Courtroom Decorum and Security. Rule 3 Use ofCameras, Recording, and Broadcasting Equipment. Rule 4 Ex Parte Communications. Rule 5 Court Records and Docket. Rule 6 Correction ofClerical Errors. Rule 7 Recusal ofJudges. Rule 8 Appointment ofInterpreter. Rule 9 Jury Trials. Rule 10 Conduct ofCounsel and Parties.

CIVIL RULES Rule 11 Form ofAction. Rule 12 Commencement ofCivil Action. Rule 13 Computation ofTime. Rule 14 Service ofProcess. Rule 15 Pleadings and Motions Submitted to the Court. Rule 16 Counterclaims and Setoffs. Rule 17 Representation by Guardian Ad Litem. Rule 18 Substitution ofParties. Rule 19 Withdrawal ofCounsel. Rule 20 Consolidation and Separation ofTrials. Rule 21 Subpoenas. Rule 22 Mistrial. Rule 23 Default Judgments and Dismissals. Rule 24 Post-Judgment Actions. Rule 25 Enforcement ofJudgments. Rule 26 Contempt ofCourt. Rule 27 Civil Appeals from Justice Court.

4

### RULES OF JUSTICE COURT [Adopted effective May 1, 1995; amended effective July 1, 2017; amended effective July 1, 2020]

GENERAL RULES 

### RULEl SCOPE OF RULES (a) These are the Rules ofJustice Court and may be cited as RJC: e.g., RJC 1. They shall govern procedures injustice courts. Rules 1-10 shall be applicable to all cases, whether civil or criminal in nature. Rules 11-27 shall only be applicable to civil cases. The Mississippi Rules of Criminal Procedure shall apply to all criminal cases before the justice courts and shall supersede any conflicting provision ofthese rules. (b) No rule ofprocedure, local or otherwise, shall be adopted withoutthe approval ofthe Mississippi Supreme Court. See MRCrP 1.9 (Local Court Rules). (c) Any person who violates these rules may be subject to sanctions, contempt proceedings, or disciplinary action.



### RULE2 COURTROOM DECORUM AND SECURITY The court shall be opened formally and conducted with dignity and decorum at all times. Thejudge shall wear ajudicial robe at all times when presiding in open court. Each officer ofthe court shall be responsible for promotion ofrespect for the court. No one shall carry firearms or weapons ofany description in the courtroom, except: (1) the bailiffs; (2) any necessary guards ofa prisoner; (3) other law enforcement or security authorized by the court to do so; or (4) the judge if he/she has met the requirements set forth in section 97-37-7 of the Mississippi Code or as provided by applicable law. In the interest ofsecurity, all persons enteringthe courtroom maybe searched. Any or all individuals may be excluded or removed from the courtroom for engaging in disorderly, disruptive, or contemptuous conduct, orwhentheir conduct orpresence constitutes a threat ormenaceto the court, parties, attorneys, witnesses,jurors, officials, members ofthe public, or a fair trial.



### RULE3 USE OF CAMERAS, RECORDING, AND BROADCASTING EQUIPMENT Any attorney ofrecord or self-represented litigant may record or have recorded anyjustice court proceeding by audiovisual-recording device or stenographically consistent with section 9-13-32 of the Mississippi Code. Any other use ofcameras, recording devices, orbroadcasting equipment shall be governedby Canon 3B(12) ofthe Mississippi Code ofJudicial Conduct or other applicablerules. 5

### RULE4 EX PARTE COMMUNICATIONS Thejudge shall not allow any person: ( 1) to discuss in his/her presence the law or facts or alleged facts ofany case then pending inthe court, orlikelyto be instituted therein, except as allowedby lawinthe orderlyprogress ofproceedings under these rules, or (2) to influence his/her decision in any manner that is prohibited by these rules or the Mississippi Code ofJudicial Conduct.



### RULES COURT RECORDS AND DOCKET (a) Clerk's duty to keep papers. No original record, or any part ofa file, record, or court papers, shall be taken from the clerk's custody without the permission ofthe clerk ofthe court. 

### (b) Docket. The docket ofthe court shall at all times remain in the office ofthejustice court clerk. The clerk shall retain custody ofthe docket, make all entries thereon, keep it safe, and provide it to the court for examination in the office. The docket may be maintained by computer. Failure ofa judge to sign the docket shall not invalidate the actions ofthe court contained therein. 

### (c) Uniform case record. Thejudge shall sign the uniform case record of each case pursuant to section 9-11-11 ofthe Mississippi Code. 

### (d) Signing bonds prohibited. No officer ofthe court shall sign any bond ofany kind in or to any court ofthis state. Bonds are controlled by statutory procedures.



### RULE6 CORRECTION OF CLERICAL ERRORS Upon the motion of any party, or upon the judge's own initiative, the judge may correct clerical errors in anyjudgments, orders, or other parts ofthe record after notice to all parties inthe case, up until the time a certified copy ofthe record in the case is transmitted by the clerk to the higher court on appeal.



### RULE7 RECUSAL OF JUDGES (a) Disqualified judge to enter a written order of recusal. Any justice court judge who is disqualifiedunder Canon 3Eofthe Mississippi Code ofJudicial Conductfrom participatingina case shall enter a written order of recusal. Parties and their attorneys maywaive ajudge'sdisqualification pursuant to Canon 3F ofthe Mississippi Code ofJudicial Conduct. 

### (b) Reassigning case. Ifajudge is disqualified from participating in a case, thejustice court clerk shall assign the action to anotherjustice courtjudge ofthe county to hearthe case. Ifnojustice court 

### 6

### judge is able to serve because ofrecusals, or is otherwise unable to serve, then a circuit courtjudge ofthe district may appoint anyjustice courtjudge from another county to hear the case. (c) Reimbursement ofexpenses. 

### Anyjustice courtjudge assigned or appointed to participate in a case under subdivision (b) ofthis rule shall be entitled to reimbursement ofexpenses pursuant to section 25-3-41 ofthe Mississippi Code and as otherwise allowed by law.

RULES APPOINTMENT OF INTERPRETER (a) Interpreters for the deaf or hearing impaired. 

### Interpreters for the deaf or hearing impaired shall be appointed pursuant to sections 13-1-301 through 13-1-315 ofthe Mississippi Code. An appointed interpreter for the deafor hearing impaired is entitled to reasonable fees and expenses as set forth in section 13-1-315 ofthe Mississippi Code. (b) Foreign language interpreters. 

### Upon the motion of any party, or upon the judge's own initiative, the judge shall determine whether a foreign language interpreter is needed for a party or witness to ensurethe fair administrationof justice. Any appointment ofa foreign language interpreter shall be pursuant to applicable rules and policies of the Mississippi Supreme Court and the Mississippi Administrative Office ofCourts. An appointed foreign language interpreter is entitled to reasonable fees and expenses as set forth in section 9-21-81 ofthe Mississippi Code. (c) Interpreter's oath. 

### Any interpreter appointed by the court under this rule shall take an oath to make a true translation pursuant to Rule 604 of the Mississippi Rules of Evidence and section 9-21-77 ofthe Mississippi Code.

RULE9 JURY TRIALS (a) Statutory right to a jury trial. 

### A jury trial may be demanded in criminal cases pursuant to section 99-33-9 of the Mississippi Code and in civil actions pursuant section 11-9-143 of the Mississippi Code. (b) Summons ofjurors. 

### When ajury trial is demanded pursuant to a statutory right to ajury trial, thejustice court clerk shall notify the circuit court clerk who shall issue summonses for ajuryin

### the same manner as for circuit court. The summonses shall be returnable to justice court. (c) Procedures in criminal cases. 

### In criminals cases, the court shall conductjurytrials pursuant to the Mississippi Rules ofCriminal Procedure as applicable to justice courts. (d) Procedures in civil actions. (1) Composition ofjury. 

### Juries shall consist ofsix (6) persons and, inthe discretion ofthe court, an alternate juror. Any person called as a juror for the trial of any cause shall be examined under oath or upon affirmation as to his/her qualifications.

7

### (2) Voir dire. Voir dire is the procedure whereby the court and the attorneys or parties ask questions of the venire to ensure the selection of a fair and impartial jury. It shall proceed in the following order: (I) Thejudge asks questions ofthe venire; (ii) The plaintiffs attorney or the plaintiffasks questions ofthe venire; and (iii) The defendant's attorney or the defendant asks questions ofthe venire. Individual jurors may be examined only by leave of court upon good cause shown. No hypothetical questions shall be allowed requiring anyjuror to pledge a particular verdict. Attorneys or parties shall not offer an opinion on the law. Thejudge may set a reasonable time limit for voir dire. 

### (3) Selecting the jury panel. The jury panel shall be selected, in the order of their appearance on the venire, as follows: (I) The court shall consider all challenges for cause; (ii) The plaintiffs attorney orthe plaintiffmayuse one orboth ofits peremptory challenges, then tender to the defendant a full panel ofacceptedjurors; (iii) The defendant's attorney or the defendant may use one or both of its peremptory challenges, then tender to the plaintiff a full panel of accepted jurors; and (iv) Steps (ii) and (iii) ofthis subdivision are then repeated until a full panel of jurors has been accepted by both sides. ' Each side shall have two (2) peremptory challenges. Objections shall be made atthetimethe panel is tendered to the opposing party. Upon the motion ofany party, or upon thejudge's own initiative, thejudge shall excuse anyjurorfrom service inthe case ifthere is reasonable ground to believe that suchjuror cannot render a fair and impartial verdict. 

### (4) Alternate jurors. Once

# a jurypanel is selected, an alternatejuror is selected following the same procedures setforth above for selecting thejurypanel, except that each side is only allowed one peremptory challenge. The alternatejuror shall take the oath ofajuror and hear all evidence and arguments, butmaynotretire to deliberate the case unless ajuroris excused by the court or becomes unable to serve. 

### (5) Communications with jurors. Jurors are not permitted to mix and mingle anywhere in the courthouse with the attorneys, the parties, the witnesses, or spectators. The judge must instructjurors to avoid all contact with the attorneys, the parties, the witnesses, and any spectators. 

### (6) Jury instructions. Procedures for instructions to the jury shall be consistent with Rule 51 ofthe Mississippi Rules ofCivil Procedure. (7) 

### Jury deliberations. Thejudge shall: (I) give the jurors, on the record of each trial, the following oath or remind the jurors that they are still under the following oath: "You, and each of



### 8

### you, do solemnly swear (or affirm) that you will well and truly try all issues and execute all writs ofinquiry that may be submitted to you, or left to your decision by the court, or under its direction, during the present term, and true verdicts give according to the evidence. So help you God."; (ii) direct thejury to select one ofits members to preside over the deliberations; (iii) direct thejury to return its verdict in writing to the court; and (iv) admonish the jurors that, until discharged as jurors in the cause, they may only discuss the case with other members of the jury when convened in thejury room for the purpose ofreaching a verdict. Unless otherwise authorized by the court, the jurors shall not disperse once deliberations have begun. After the jurors have retired to consider their verdict, the judge shall not recall thejurors to hear additional evidence. (8) Materials allowed during deliberation. 

### When retiring for deliberation, thejurors are allowed to take with them: (I) 

### the form ofverdict approved by the court; (ii) a copy ofthe writtenjury instructions; (iii) any tangible evidence that was admitted at the trial; and (iv) their personal notes made during the course ofthe trial. (9) Returning the verdict. 

### The verdict shall be in writing and returned in open court. A verdict offive or more ofthe jurors shall be taken as the verdict ofthe jury. Any verdict returned may be appealed pursuant to these rules. (10) Jury poll. 

### After a verdict is returned but before thejury is discharged, thejudge shall on the request ofeither side, or may on his/her own initiative, poll thejurors individually by asking whether the returned verdict is indeed the verdict ofthejury. Thejudge shall direct thejury to retire and deliberate further ifthe poll reveals that the verdict is less than five of thejurors. (11) Court costs. 

### Thejudge shall assess court costs ofthejury trial to the losing party.

RULE 10 CONDUCT OF COUNSEL AND PARTIES (a) Attendance. 

### Prompt attendance is required by the attorneys and parties, the witnesses, and all other persons whose presence is required to conduct the business ofthe court. (b) Civility in proceedings. 

### The attorneys and parties must showprofessional courtesy and respect toward the judge, the jurors, the opposing attorneys and parties, the witnesses, and all other court personnel and participants within the courthouse. Any person engaging in behavior or tactics purposefully calculated to disrupt the proceedings or to irritate thejudge, a party, an attorney, or a witness is subject to contempt.



### 9(c) Objections. When addressing the court, the attorneys and parties must: (1) stand unless excused for good cause by the court; (2) give specific grounds on any objections to testimony; and (3) make all objections to thejudge, and not to opposing counsel. (d) Jury panels. When addressing the jury panel, the attorneys and parties must stand unless excused for good cause by the court. Attorneys may directly address thejurypanel only during voir dire, opening statements, and closing arguments. (e) Witnesses. When examining witnesses, the attorneys and parties must: (1) stand, except when excused for good cause by the court; (2) limit themselves to asking questions; and (3) refrain from making statements, quips, or side remarks. Any examination ofwitnesses is to be conducted fairly and objectively, withthe attorneys, parties, and witnesses showing courtesy and respect to one another. Attorneys and parties may not ask questions merely to embarrass or humiliate the witness. (f) Opening statements / Closing arguments. When making an opening statement or closing argument, the attorneys and parties must: (1) not denigrate or ridicule the opposing attorney; (2) not call anyjuror by name; (3) not have any personal contact with thejury whatsoever; (4) not attempt to converse with or solicit audible answers from thejurors individually; and (5) not thank thejury for acting asjurors. The attorneys and parties are required to .t<:eep within proper bounds, and any attempt to inject an improper matter maybe stopped by the court without the necessity ofan objection. After the return of the verdict, the attorneys, the parties, and any spectators shall not express to the jury any congratulations, thanks, or condemnation for the verdict returned.

CIVIL RULES RULE 11 FORM OF ACTION There shall be one form ofaction known as "civil action."

10RULE 12 COMMENCEMENT OF CIVIL ACTION (a) 

### A civil action is commenced by filing the complaintwith the court. The complaint shall state the evidence ofthe debt, statement of account, or other basis for the civil action and make a specific demand for damages and/or other reliefallowedby law. 

### Ifa claim is founded onan account or other written instrument, a copythereofshould be attached to or filed withthe complaintunless sufficient justification for its omission is stated in the complaint. The plaintiffmay file a single complaint against multiple defendants ifit is alleged that each ofthem is liable on the claim. (b) Exceptions. 

### The following civil actions require a sworn complaint: (1) Evictions (Miss. Code Ann.§ 89-7-29); (2) Replevin (Miss. Code Ann. § 11-37-101); (3) Distress for rents (Miss. Code Ann. § 

### 89-7-57); (4) Unlawful entry and detainer (Miss. Code Ann.§ 11-25-5); and (5) Any other civil action requiring a sworn complaint by statutory procedures.

RULE 13 COMPUTATION OF TIME 

### In computing any period oftime prescribed or allowed by these rules, by order ofcourt, or by any applicable statute, the date ofthe act, event or default from which the designated period oftime begins to run shall not be included. The last day ofthe period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or any other day thatthe courthouse orthe clerk's office is infact closed, whether with orwithout legal authority, in which eventtheperiod runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or clerk's office is closed. When the period oftime prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. The court, in its discretion, may grant an extension oftime.

RULE14 SERVICE OF PROCESS (a) Service ofprocess defined. 

### Service ofprocess for civil actions injustice court means serving a true copy ofthe summons and complaint upon the defendant in accordance with this rule. (b) Issuance of summons and form. 

### Summons shall be issued by the justice court clerk. Any summons issued under this rule shall name the court and the parties; be directed to the defendant; state the name and address ofthe plaintiffs attorney or, ifunrepresented, ofthe plaintiff; state the date and time within whichthe defendant must appear and defend; notify the defendantthat a failure to appear and defend may result

# in a defaultjudgment against the defendant for the reliefdemanded in the complaint; be signed and dated by thejustice court clerk; and bear the court's seal. (c) SERVICE BY CONSTABLE. 

### Upon the filing ofthe complaint, thejustice court clerk shall promptly deliver a true copy ofthe summons and complaint to the constable ofthe county ofthe defendant's usual place ofabode or, ifthe defendant is an entity, to the constable ofthe county of

11the entity's place ofbusiness, to serve process upon the defendant. Within ten (10) days thereafter, unless service has been waived, the constable shall file an affidavit showing proofofservice, or of attempted service after diligent search and inquiry pursuant to section 25-7-27 ofthe Mississippi Code, with thejustice court clerk. (d) Manner ofservice upon an individual. (1) 

### Personal service. The constable shall deliver a true copyofthe summons and complaint to the defendant or to an agent authorized by appointment or by law to receive process. Service shall be deemed complete upon the date of service. (2) 

### Service upon afamily member. Ifservice under paragraph (d)(l) cannot be made with reasonable diligence, then the constable shall deliver a true copy of the summons and complaint atthe defendant's usual place ofabode withthe defendant's spouse or some other person ofthe defendant's family above the age of sixteen (16) years, and within three (3) days thereafter, by mailing a true copy ofthe summons and complaint, by first class mail, postage prepaid, to the defendant at the address where the true copy ofthe summons and complaint were properly delivered. Service shall be deemed complete on the 10th day after the mailing. (3) 

### Service byposting. Ifservice under paragraphs (d)(l) and (d)(2) cannot be made with reasonable diligence, then the constable shall serve process by posting a true copy ofthe summons and complaint on a door ofthe defendant's usual place ofabode that is reasonably calculated to provide notice ofthe action and, within three (3) days thereafter, by mailing a true copy of the summons and complaint, by first class mail, postage prepaid, to the defendant at the address where the true copy of the summons and complaint was posted. Service shall be deemed complete on the 10th day after the mailing. (e) Manner ofservice upon all others. The constable shall serve process in the manner provided by Rule 

### 4 ofthe Mississippi Rules ofCivil Procedure for mentally incompetent persons or entities located in the state. (f) SERVICE BY SHERIFF. When anyprocess has notbeenreturned bythe constable as required by this rule, then thejustice court clerk may direct the sheriffofthe county ofthe defendant's usual place ofabode or, ifthe defendant is an entity, to the sheriff ofthe county ofthe entity's place of business, to serve process upon the defendant in like manner as required ofa constable under this rule. (g) SERVICE BYPROCESS SERVER. When anyprocesshas notbeenreturnedbythe constable as required by this rule, the plaintiff may make a written request for service by a process server. Upon receiving a written request, thejustice court clerk shall promptly deliver a true copy ofthe summons and complaintto theplaintifforthe plaintiffs attorney for service ofprocess by a process server in like manner as required ofa constable under this rule. The process server must be at least eighteen (18) years ofage and not be a party to the action.

12(h) Service by certified mail, return receipt requested, upon persons or entities located outside the state. When the defendant is a person or entity located outside the state, the plaintiffmay make a written request for service by certified mail, return receipt requested. Upon receiving a written request, thejustice court clerk shall promptly deliver a true copy ofthe summons and complaint to the plaintiff or the plaintiffs attorney for service of process by certified mail, return receipt requested. Within twenty (20) days thereafter, the sender shall file with thejustice court clerk the returnreceipt orthereturn envelope marked "Refused."Wherethe defendantis a naturalperson, the envelope shall be marked "Restricted Delivery." Service ofprocess bythis method shall be deemed complete from the date ofdelivery as evidenced by the return receipt or the return envelope marked "Refused." (I) Service upon multiple defendants. Ifthere are multiple defendants, then a separate true copy ofthe summons and complaint shall be served on each defendant named in the action. (j) Validity ofservice. Nothing in this rule shall invalidate any service ofprocess for being made untimely or for an untimely filed return. (k) Waiver. Any defendant who is not a mentally incompetent person may waive the service of process or enter an appearance, with the effect ofbeing duly served with lawful process, in the manner provided under Rule 4(e) ofthe Mississippi Rules ofCivil Procedure. (1) Amendment. Thejustice courtjudge may allow any service ofprocess orproofofservice under this rule to be amendedfor good cause shown, unless it clearlyappearsthatmaterialprejudice would result to the substantial rights ofthe defendant. (m) Time limitfor service. Thejusticecourtjudgemay dismiss withoutprejudice any actionwhere, without good cause, it appears from the courtfile that service ofprocess has notbeenmade uponthe defendant within one hundred and twenty (120) days after the filing ofthe complaint. A party may file a motion for enlargement oftime any time prior to a dismissal by the court. (n) Fees for service ofprocess. (1) By constable. Service of process by the constable may be taxed as court costs for an amount not exceedingthe statutory amount allowed bylaw. No fees for service shall be paid to a constable who has neither served nor attempted to serve process in substantial compliance to this rule. (2) BysheriffService ofprocessbythe sheriffmaybetaxed as court costs for an amount not exceeding the statutory amount allowed by law. No fees for service shall bepaidto a sheriff who has neither served nor attemptedto serve process in substantial complianceto this rule. (3) Byprocess server. Service ofprocess by a process server maybe taxed as court costs for an amount not exceeding the statutory amount allowed by law to the constable for service ofprocess.

13(4) By certifiedmail, return receipt requested. Service ofprocess by certified mail, return receipt requested, on a person or entity located outside the state may be taxed as court costs for an amount not exceeding the amount ofpostage for the mailing.

RULE 15 PLEADINGS AND MOTIONS SUBMITTED TO THE COURT (a) Pleadings and motions to be signed. All pleadings, motions, or any other application to the court shall be signed by the party making the submission or, if represented by counsel, by the attorney ofrecord. (b) Information to be provided. All pleadings, motions, or any other application to the court shall bear the name, address, and telephone number ofthe party filing the same and, if any attorney is representing the party, the attorney's name, office address, and telephone number. (c) Size ofpaper. All pleadings and other papers filed in any civil action governed by these rules shall be on paper measuring 8 112 inches x 11 inches. But exhibits or attachments to pleadings may be folded and fastened to pages ofthe specified size ifcompliance is not reasonably practicable. (d) Electronic filing and storage. Pleadings, motions, or any other application to the court may be filed and stored by computer or electronic means pursuant to rules and policies established by the Mississippi Supreme Court and the Mississippi Administrative Office ofCourts.

RULE16 COUNTERCLAIMS AND SETOFFS Counterclaims and setoffs shall be liberally allowed bythe court. Failure to assert any counterclaim or setoff shall not bar a subsequent civil action ofthose claims. Thejudge shall dismiss without prejudice any counterclaim that exceeds thejurisdictional limits of justice court.

RULE 17 REPRESENTATION BY GUARDIAN AD LITEM Thejudge may appoint a guardian ad litem who is an attorney to represent an infant or a vulnerable person as defined under section 43-47-5 ofthe Mississippi Code. The appointed guardian ad litem may sue or defend the civil action on behalf of such persons. Reasonable costs and fees of the guardian ad litem may be taxed as court costs. ·

RULE 18 SUBSTITUTION OF PARTIES (a) If a party dies. If a party dies and the claim is not thereby extinguished, the successors or representatives ofthe deceased party may file, within ninety (90) days ofthe party's death, a motion for the substitution ofparties. Thejudge may dismiss without prejudice the action ifthe motion for substitution ofparties is not filed timely.

14In the event ofthe death ofone or more ofthe plaintiffs or ofone or more ofthe defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor ofor against the surviving parties. (b) 

### Ifa party is a minor orvulnerable person. Uponthe motion ofanyparty, thejudge may allow a civil action to be continued by or against a representative of a party who is a minor as defined under section 1-3-27 oftheMississippi Codeora vulnerablepersonas definedunder section43-47-5 ofthe Mississippi Code. (c) 

### If there is a transfer of interest. Upon the motion of any party, thejudge may direct that the person to whom the interest was transferred be substituted for, orjoined with, the original party in the civil action. (d) 

### If a party is a public officer who dies or resigns in office. A civil action shall not abate if a party is a public officer acting in his/her official capacity who dies, resigns, or otherwise ceases to hold office. Instead, thepublic officer's successor shallbe substitutedas a party. Thejudgemayenter an order ofsubstitution at any time in the course ofthe action, but its omission shall not affect the substitution.

RULE 19 WITHDRAW AL OF COUNSEL An attorney who has made an entry ofappearance may not withdraw from the case except with the permission ofthe courtupon a showing ofgood cause after notice ofwithdrawal has been served on the attorney's client and upon all parties. Permission to withdraw shall not be unreasonably denied.

RULE20 CONSOLIDATION AND SEPARATION OF TRIALS (a) Consolidating actions. When two or more civil actions with a common question oflaw or fact are pending before the court, thejudge may: (1) order ajoint hearing or trial ofany or all matters pertaining to the common question of law or fact; (2) order all the actions consolidated for trial; or (3) make such orders concerning proceedings onthe action so as to avoidunnecessary costs or delay. (b) Separate trials. Thejudge may order a separate trial ofany claim in a civil action for reasons of: (1) avoiding pi:ejudice; (2) expediting the resolution ofclaims in the action; or (3) economical considerations neutral to the litigation.

15

### RULE21 SUBPOENAS (a) Generally. Subpoenas for a trial or hearing injustice court shall conform to Rule 45 of the Mississippi Rules ofCivil Procedure. 

### (b) Requests. Every request for a subpoena ofa witness in a civil action shall: (1) be in writing; (2) contain the mailing and physical addresses ofthe witness and other information so as to furnish a sure guide to the person serving the subpoena; (3) be delivered to thejustice court clerk in a reasonable time before the trial date; and (4) be signed and dated by the party requesting the subpoena. Thejustice court clerk shall preserve each written·request for subpoena within the court file. 

### (c) Issuance. Every subpoena in civil actions shall: (1) be issued by thejustice court clerk under the seal ofthejustice court; (2) state the name and address ofthe court and the title ofthe action; and (3) command each person to whom it is directed to attend and give testimony at a specified date, time, andplace, andto bringto the hearing specifiedbooks, papers, documents, or other objects in the control and possession ofthe witness that are to be offered into evidence. 

### (d) Service. A subpoena in civil actions shall be served upon the witness personally by: ( 1) the sheriff; (2) the deputy sheriff; (3) a constable; or (4) any other person who is not a party and eighteen (18) years ofage or older. The endorsed return, or a written acknowledgment on the subpoena by the witness, shall be prima facie proofofservice. A subpoenarequiring the attendance ofa witness at a hearing or trial may be served at any place within the state. 

### (e) Enforcement. Thejudge may enforce a subpoena in civil actions by any means allowed by the Mississippi Code, including the issuance of an attachment pursuant to section 11-9-115 of the Mississippi Code, or these rules.



### RULE22 MISTRIAL (a) For misconduct by the defendant. Upon motion of the plaintiff, the judge shall declare a mistrial ifthere occurs during the trial misconduct by the defendant, the defendant's attorney, or a defendant's witness resulting in substantial and irreparable prejudice to the plaintiffs action. But if there are two or more defendants, thejudge shall not declare a mistrial as to any defendant who is not an offending party and who requests that the trial continue.
16(b) For misconduct by the plaintiff. Upon motion of the defendant, the judge shall declare a mistrial ifthere occurs during the trial misconduct by the plaintiffor a plaintiff's witness resulting in substantial and irreparable prejudice to the defense. (c) Other reasons for declaring a mistrial. Upon motion ofany party, or upon thejudge's own initiative, thejudge shall declare a mistrial if: (1) the trial cannot proceed in conformity with law; or (2) thejury is deadlocked and there is no reasonable probability ofa verdict.

RULE23 DEFAULT JUDGMENTS AND DISMISSALS (a) When the defendant fails to appear for trial. Ifthe defendant has been givenproper notice of the date and time oftrial but fails to appear, and the plaintiffappears, then the judge may enter a defaultjudgment against the defendant provided: (1) there is a factual basis to support the claim; and (2) the judgment is not different in kind from or does not exceed the amount of that demanded in the complaint. (b) When the plaintifffails to appear for trial. Ifthe plaintiffhas been given proper notice ofthe date and time oftrial but fails to appear on the trial date, and the defendant appears, then thejudge may dismiss the case without prejudice. (c) When both the plaintiff and defendant fail to appear for trial. Ifboth the plaintiffand the defendant fail to appear on the trial date, then thejudge may dismiss the case without prejudice. (d) When the plaintifffiles a motion for dismissal. Ifthe plaintifffiles prior to any responsive pleading or trial a written motion for the dismissal ofthe case, then thejudge may dismiss the case without prejudice unless objected to by the defendant. Plaintiff's costs shall notbe assessed against the defendant. (e) Setting aside a defaultjudgment. Unless an appeal has been perfected pursuant to these rules, a party may request the court to set aside a defaultjudgment. Thereupon, the judge may stay the execution ofthe defaultjudgment pending a hearing on the motion. After a hearing in which the parties to the action have been given notice and an opportunity to be heard, thejudge may set aside the defaultjudgmentbywritten order as may bejust and proper ifhe/she determines that good cause has been shown to support such order. In making this determination, the judge must weigh the following factors: (1) the nature and legitimacy ofthe party's reasons for default, (2) whether the party's claims or defenses have reasonable merit, and (3) the nature and extent ofprejudice that the opposing party would suffer if the default judgment is set aside.

17RULE24 POST-JUDGMENT ACTIONS 

### Unless authorized by law, no post-judgment action shall be instituted upon a judgment until expiration often (10) days after its entry.

RULE25 ENFORCEMENT OF JUDGMENTS (a) Statutory procedures to govern. 

### Procedures to enforce a civiljudgment shall bepursuantto the Mississippi Code and any applicable rules and policies ofthe Mississippi Supreme Court and the Administrative Office ofCourts. (b) Examining books, papers, and documents ofjudgment debtor. 

### Thejudgment creditor may examine thejudgmentdebtor andhis/herbooks, papers, or documents pursuantto sections 13-1-261 through 13-1-271 ofthe Mississippi Code.

RULE26 CONTEMPT OF COURT 

### Procedures in civil actions for contempt ofcourt shall conform to Rule 32 ofthe Mississippi Rules ofCriminal Procedure.

RULE27 CIVIL APPEALS FROM JUSTICE COURT (a) 

### Civil appeals fromjustice court shall be governed by Rules 5.01, 5.04, 5.07, 5.08 and 5.09 ofthe Uniform Rules of Circuit and County Court. Either party aggrieved by a justice court judgment rendered in a case ofunlawful entry and detainermay, after finaljudgment, appeal to the circuitcourt of the county pursuant to section 11-51-83 ofthe Mississippi Code. The availability of writs of certiorari shall be as provided by the Mississippi Constitution and section 11-51-93 of the Mississippi Code. (b) Exception. 

### Any party aggrieved by the decision of ajustice courtjudge to issue a temporary domestic abuse protection order has the right of a trial de novo on appeal in the chancery court havingjurisdiction pursuant to section 93-21-15.1 ofthe Mississippi Code.

18