(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..
Rule 3.Commencement of Action
Chapter II: Commencement of Action: Service of Process, Pleadings, Motions, and Orders · Last amended September 10, 2025 · Last verified July 14, 2026
In one sentenceRule 3 commences a Mississippi civil action on the date the complaint is filed, requires a costs deposit set by law and court rule, and lets a party proceed in forma pauperis subject to the court examining a claimed inability to pay.
Full Text of Rule 3
(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 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.
Amendment History
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).
Plain-English Summary
A Mississippi civil action starts the moment the complaint is filed with the court. Nothing about serving the defendant is required to commence the case — that filing date is what fixes whether the action was brought prematurely, whether a statute of limitations bars it, and which of two or more courts handling the same dispute should keep it. Because so much turns on that single date, Rule 3 keeps the trigger simple: file the complaint, and the clock starts.
Filing a complaint also requires a costs deposit, in the amount required by law and the rules of the court where the case is filed. That's a change from the rule's older structure, which spelled out a separate motion for security for costs and a separate procedure for accounting for costs; an amendment effective September 10, 2025 removed those provisions and folded the costs-deposit requirement into a single subsection.
Rule 3(b) gives a party who can't afford that deposit a way around it: proceeding in forma pauperis under Mississippi Code sections 11-53-17 and 11-53-19. That doesn't end the inquiry — the court, on its own initiative or on motion by any party or the clerk, can examine the person claiming pauper status about the facts behind that claim, and a false claim of indigency can lead to dismissal.
Frequently Asked Questions
When is a Mississippi civil action officially commenced?
Rule 3(a) commences the action on the date the complaint is filed with the court. Service on the defendant isn't required for the case to be considered commenced, though the defendant must still be served within the time Rule 4 allows.
Why does the exact filing date matter so much?
The filing date is used to determine whether the action was brought prematurely, whether it's barred by a statute of limitations, and which of multiple courts handling related claims should retain the case, among other things.
How much do I have to pay as a costs deposit when I file my complaint?
Rule 3(a) requires a costs deposit in the amount required by law and the rules of the court where the case is filed, rather than fixing a specific dollar figure in the rule itself.
Can I avoid the costs deposit if I can't afford to pay it?
Yes. Rule 3(b) allows a party to proceed in forma pauperis under Mississippi Code sections 11-53-17 and 11-53-19, though the court may examine the facts behind that claim of indigency on its own motion or on motion by any party or the clerk.
What happens if I falsely claim I can't afford court costs?
Rule 3(b) allows the court to examine the facts and circumstances behind a claim of pauper status, and a false allegation of indigency can lead to dismissal of the action.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
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