Rule 46 – Exceptions Unnecessary

by | May 13, 2021 | Civil Procedure, Mississippi

An exception at any stage or step of the case or matter is unnecessary to lay a foundation for review whenever a matter has been called to the attention of the court by objection, motion, or otherwise and the court has ruled thereon. However, if a party has no...

Rule 41 – Dismissal of Actions

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Voluntary Dismissal Effect Thereof.(1)By Plaintiff By Stipulation. Subject to the provisions of Rule 66, or of any statute of the State of Mississippi, and upon the payment of all costs, an action may be dismissed by the plaintiff without order of court: (i) by...

Rule 40 – Assignment of Cases for Trial

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Methods. Courts shall provide for placing of actions upon the trial calendar(1) without request of the parties; or(2) upon request of a party and notice to the other parties; or,(3) in such other manner as the court deems expedient. Prior to the calling of a case...

Rule 45 – Subpoena

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Form; Issuance.(1) Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony, or to produce and permit...