Rule 1.Scope of Rules
Chapter I: Scope of Rules; One Form of Action · Last amended July 1, 2020 · Last verified July 14, 2026
Full Text of Rule 1
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.
Amendment History
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. __).
Plain-English Summary
Rule 1 draws the outer boundary of everything that follows. It reaches circuit courts, chancery courts, and county courts, and it covers every civil suit no matter whether the underlying claim would once have been filed as an action at law or a suit in equity. Rule 81 carves out a set of proceedings that follow their own statutory procedure, but even those stay subject to the civil rules wherever the governing statute is silent or doesn't set out a conflicting procedure of its own.
The rule's real weight sits in its closing sentence: these rules exist to secure the just, speedy, and inexpensive determination of every action. An amendment effective July 1, 2020 made explicit something that had been implicit — the court and the parties share that job. Lawyers and litigants, not only judges, bear responsibility for keeping a case moving without needless cost or delay.
Behind that single sentence sits a larger design choice. Mississippi merged the old law-court and equity-court procedures into one civil action, doing away with separate pleading forms for legal and equitable claims. That doesn't erase the substantive differences between legal and equitable relief — it means the same set of procedural rules carries every kind of civil claim through the same courthouse doors.
Frequently Asked Questions
Does Rule 1 apply to my case if it's an equity matter rather than a lawsuit for damages?
Yes. Rule 1 covers every civil suit in circuit, chancery, and county court whether it's cognizable as a case at law or in equity. The old procedural line between the two was erased when Mississippi adopted a single civil action.
What did the 2020 amendment to Rule 1 change?
It added language making clear that the parties, not just the court, share responsibility for using the rules to secure a just, speedy, and inexpensive determination of the action.
Are there civil proceedings in Mississippi that Rule 1 doesn't cover?
Rule 81 lists certain proceedings governed by their own statutory procedure. Even those stay subject to the civil rules wherever the applicable statute doesn't already address the point or set out an inconsistent procedure.
What courts do the Mississippi Rules of Civil Procedure govern?
Rule 1 names circuit courts, chancery courts, and county courts as the courts these rules govern in civil suits.
What is the overall goal the rules are supposed to serve?
Rule 1 states that the rules are to be construed, administered, and employed to secure the just, speedy, and inexpensive determination of every action.