Rule 44 – Proof of Documents

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Authentication.(1) Domestic. An official record kept within the United States or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an...

Rule 38 – Jury Trial of Right

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Right Preserved. The right of trial by jury as declared by the Constitution or any statute of the State of Mississippi shall be preserved to the parties inviolate.(b) Waiver of Jury Trial. Parties to an action may waive their rights to a jury trial by filing with...

Rule 43 – Taking of Testimony

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules or the Mississippi Rules of Evidence.(b) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to...

Rule 36 – Requests for Admission

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of...

Rule 42 – Consolidation: Separate Trials

by | May 13, 2021 | Civil Procedure, Mississippi

(a) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning...