Chapter XI: General Provisions · Last amended July 1, 2026 · Last verified July 14, 2026
In one sentenceRule 81 sets the reach of the civil rules: they apply to every civil proceeding, but for twelve listed categories, from habeas corpus to eminent domain to domestic relations, the applicable statute's own procedure controls whenever it conflicts with the rules, ex parte matters proceed as summarily as the statute allows, publication under Rule 4 satisfies any statute requiring notice by publication, old common-law writs are replaced by ordinary motions or actions, old pleading terminology is translated into its modern equivalent, and any unaddressed procedural gap is filled by whatever lawful method the court chooses.
(a)Applicability in General. These rules apply to all civil proceedings but are subject to limited applicability in the following actions which are generally governed by statutory procedures.
(1)proceedings pertaining to the writ of habeas corpus;
(2)proceedings pertaining to the disciplining of an attorney;
(3)proceedings pursuant to the Youth Court Law and the Family Court Law;
(4)proceedings pertaining to election contests;
(5)proceedings pertaining to bond validations;
(6)proceedings pertaining to the adjudication, commitment, and release of narcotics and alcohol addicts and persons in need of mental treatment;
(7)eminent domain proceedings;
(8)Title 91 of the Mississippi Code of 1972;
(9)Title 93 of the Mississippi Code of 1972;
(10)creation and maintenance of drainage and water management districts;
(11)creation of and change in boundaries of municipalities;
(12)proceedings brought under sections 9-5-103, 11-1-23, 11-1-29, 11-1-31, 11-1-33, 11-1-35, 11-1-43, 11-1-45, 11-1-47, 11-1-49, 11-5-151 through 11-5-167, and 11-17-33, Mississippi Code of 1972.
Statutory procedures specifically provided for each of the above proceedings shall remain in effect and shall control to the extent they may be in conflict with these rules; otherwise these rules apply.
(b)Summary Proceedings. In ex parte matters where no notice is required proceedings shall be as summary as the pertinent statutes contemplate.
(c)Publication of Summons or Notice. Whenever a statute requires summons or notice by publication, service in accordance with the methods provided in Rule 4 shall be taken to satisfy the requirements of such statute.
(d) Proceedings Modified. The forms of relief formerly obtainable under writs of fieri facias, scire facias, mandamus, error coram nobis, error coram vobis, sequestration, prohibition, quo warranto, writs in the nature of quo warranto, and all other writs, shall be obtained by motions or actions seeking such relief.
(e)Terminology of Statutes. In applying these rules to any proceedings to which they are applicable, the terminology of any statute which also applies shall, if inconsistent with these rules, be taken to mean the analogous device or procedure proper under these rules; thus (and these examples are intended in no way to limit the applicability of this general statement):
Bill of complaint, bill in equity, bill, or declaration shall mean a complaint as specified in these rules;
Plea in abatement shall mean motion;
Demurrer shall be understood to mean motion to strike as set out in Rule 12(f);
Plea shall mean motion or answer, whichever is appropriate under these rules;
Plea of set-off or set-off shall be understood to mean a permissible counter-claim;
Plea of recoupment or recoupment shall refer to a compulsory counter-claim;
Cross-bill shall be understood to refer to a counter-claim, or a cross-claim, whichever is appropriate under these rules;
Revivor, revive, or revived, used with reference to actions, shall refer to the substitution procedure stated in Rule 25;
Decree pro confesso shall be understood to mean entry of default as provided in Rule 55;
Decree shall mean a judgment, as defined in Rule 54;
(f)Procedure Not Specifically Prescribed. When no procedure is specifically prescribed, the court shall proceed in any lawful manner not inconsistent with the Constitution of the State of Mississippi, these rules, or any applicable statute.
Advisory Committee Notes
Rule 81 compliments Rule 1 by specifying which civil actions are governed only partially, or not at all, by the provisions of the M.R.C.P.
Rule 81(a) lists 12 categories of civil actions which are not governed entirely by the M.R.C.P. In each of those actions there are statutory provisions detailing certain procedures to be utilized. See generally Miss. Code Ann. §§11-43-1, et seq., (habeas corpus); 73-3-301, et seq., (disciplining of attorneys); 43-21-1, et seq., (youth court proceedings); 23-15-911 et seq. (election contests); 31-13-1, et seq., (bond validation); 41-21-61, et seq., (persons with mental illness or an intellectual disability); 41-30-1, et seq., (adjudication, commitment and release of alcohol and drug addicts); 11-27-1, et seq., (eminent domain); 91-1-1, et seq., (trusts and estates); 93-1-1, et seq., (domestic relations); 51-29-1, et seq., and 51-31-1, et seq., (creation and maintenance of drainage and water management districts); 21-1-1, et seq., (creation of and change in boundaries of municipalities); and those proceedings identified in category (12) by their Code Title as follows: 9-5-103 (bonds of receivers, assignees, executors may be reduced or cancelled, if excessive or for sufficient cause); 11-1-23 (court or judge may require new security); 11-1-29 (proceedings on death of surety on bonds, etc.); 11-1-31 (death of parties on bonds having force of judgment—citation in anticipation of judgment); 11-1-35 (death of parties on bonds having force of judgment when citation issued
and returnable); 11-1-43 through 11-1-49 (seizure of perishable commodities by legal process); 11-5-151 through 11-5-167 (receivers in chancery); and 11-17-33 (receivers appointed for nonresident or unknown owners of mineral interests).
However, in any instance in the twelve listed categories in which the controlling statutes are silent as to a procedure, the M.R.C.P. govern.
As to ex parte matters, Rule 81(b) is intended to preserve, inter alia, the summary manner in which many matters testamentary, of administration, in minors/wards’ business, and in cases of idiocy, lunacy, and persons of unsound mind are handled. See Miss. Code Ann. §11-5-49 (1972).
Rule 81(c) pertains to actions or matters where a statute requires that summons or notice be made by publication. In those instances, publication as provided by Rule 4 shall satisfy the requirements of such statute(s).
Rule 81(d) recognizes that there are certain actions and matters whose nature requires special rules of procedure. Basically these are matters of which the State has an interest in the outcome or which because of their mature should not subject a defendant/respondent to a default judgment for failure to answer. Furthermore, they are matters that should not be taken as confessed even in the absence of the appearance of the defendant/respondent. Most of the matters enumerated are peculiar to chancery court. Rule 81(d) divides the actions therein detailed into two categories. This division is based upon the recognition that some matters, because of either their simplicity or need for speedy resolution, should be triable after a short notice to the defendant/respondent; while others, because of their complexity, should afford the defendant/respondent more time for trial preparation.
Rule 81(d)(3) provides that the pleading initiating the action should be commenced by complaint or petition only and shall not be taken as confessed. Initiating Rule 81(d) actions by “motion” is not intended.
Rule 81(d)(5) recognizes that since no answer is required of a defendant/respondent, then the summons issued shall inform him of the time and place where he is to appear and defend. If the matter is not heard on the date originally set for the hearing, the court may sign an order on that day continuing the matter to a later date. The rule also provides that the Court may adopt a rule or issue an order authorizing its Clerk to set actions or matters for original hearings and to continue the same for hearing on a later date. (Local rules should be filed with the Supreme Court as required by Rule 83).
Rule 81(d)(6) provides that as to any temporary hearing in a pending action for divorce, separate maintenance, child custody or support, notice in the manner prescribed by Rule 5(b) shall be sufficient, provided the defendant/respondent has already been summoned to answer.
Amendment History
Effective April 13, 2000, Rule 81(d)(5) was amended to make a continuance effectual on a signed rather than an entered order. 753-754 So. 2d XVII) (West Miss. Cas. 2000.)
Effective June 24, 1992, Rule 81(h) was deleted. 598-602 So. 2d XXIII-XXIV (West Miss. Cas. 1992).
Effective January 1, 1986, Rule 81(a) was amended by adding subsections (10) – (12); Rule 81(b) was amended by deleting examples and by deleting a provision that no answers are required in ex parte matters; Rule 81(d) was rewritten to provide for proceedings in a number of specified actions and to abrogate its treatment of domestic relations matters. 470- 473 So. 2d XVI-XVIII (West Miss. Cas. 1986).
Plain-English Summary
Rule 1 sets the civil rules' scope broadly; Rule 81 supplies the qualifications. Rule 81(a) lists twelve categories of proceedings the civil rules govern only in part, because a specific statute already supplies detailed procedure of its own: habeas corpus, attorney discipline, youth and family court matters, election contests, bond validations, the adjudication and commitment of persons with substance-use or mental-health needs, eminent domain, matters under Title 91 (trusts and estates) and Title 93 (domestic relations) of the Mississippi Code, the creation of drainage and water management districts, changes to municipal boundaries, and a further list of specific Code sections covering things like bond reduction, receivership, and seizure of perishable property. In each category, the statute's own procedure controls to the extent it conflicts with the civil rules; where the statute is silent, the civil rules step in and fill the gap.
Two more provisions handle notice. Rule 81(b) says that in ex parte matters where no notice is required, the proceeding moves ahead as summarily as the governing statute contemplates — preserving the quick, informal handling those statutes are built for. Rule 81(c) says that whenever a statute requires summons or notice by publication, following the publication method in Rule 4 satisfies that statutory requirement, so litigants don't need a separate publication procedure for every different statute.
Rule 81(d) retires a set of old common-law writs. Relief once obtained through a writ of fieri facias, scire facias, mandamus, error coram nobis or coram vobis, sequestration, prohibition, quo warranto, or a writ in the nature of quo warranto is now sought through an ordinary motion or action instead. An earlier version of this subsection, dealing with notice periods and summons requirements for a list of specific proceedings, has since been relocated to Rule 4(i); the text that remains here deals only with these old writs.
Rule 81(e) then acts as a dictionary for anyone whose case is still governed partly by an older statute that hasn't caught up to modern terminology. A "bill of complaint" or "bill in equity" now means a complaint; a "demurrer" means a motion to strike under Rule 12(f); a "decree" means a judgment under Rule 54; "revivor" means the substitution procedure in Rule 25; and a "decree pro confesso" means an entry of default under Rule 55, among the rule's other listed equivalents. Rule 81(f) closes the gap for anything the rule doesn't otherwise address: when no procedure is specifically prescribed, the court may proceed in any lawful manner consistent with the Mississippi Constitution, the civil rules, and any applicable statute.
Frequently Asked Questions
Do the Mississippi Rules of Civil Procedure govern every kind of civil case in the state?
Not fully. Rule 81(a) lists twelve categories of proceedings — including habeas corpus, attorney discipline, youth and family court matters, election contests, bond validations, commitment of persons with substance-use or mental-health needs, eminent domain, and matters under Titles 91 and 93 of the Mississippi Code — where a specific statute's procedure controls whenever it conflicts with the civil rules. Where that statute is silent, the civil rules still apply.
What happened to old writs like mandamus and quo warranto under the Mississippi rules?
Rule 81(d) does away with them as separate proceedings. Relief once obtained through writs such as mandamus, quo warranto, prohibition, sequestration, and error coram nobis or coram vobis is now sought through an ordinary motion or action instead.
What does it mean if an older Mississippi statute still refers to a "demurrer" or a "decree"?
Rule 81(e) translates that older terminology into its modern equivalent: a demurrer means a motion to strike under Rule 12(f), and a decree means a judgment under Rule 54. The rule lists several other equivalents too, such as treating "revivor" as the substitution procedure in Rule 25.
How are ex parte matters, like some probate or guardianship filings, handled under Rule 81?
Rule 81(b) states that in ex parte matters where no notice is required, the proceeding moves ahead as summarily as the governing statute contemplates, preserving the quick, informal handling those statutes are built for.
What happens if a situation comes up that no rule or statute specifically addresses?
Rule 81(f) gives the court authority to proceed in any lawful manner that isn't inconsistent with the Mississippi Constitution, the civil rules, or any applicable statute.
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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