(a) Jurisdiction Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the courts of Mississippi.
Rule 82.Jurisdiction and Venue
Chapter XI: General Provisions · Last amended February 20, 2004 · Last verified July 14, 2026
In one sentenceRule 82 keeps the civil rules from expanding or limiting a court's jurisdiction, sets venue by statute except where the rule itself allows suit in any county where a properly joined claim could be brought, requires transfer rather than dismissal when venue is wrong, and permits a forum non conveniens transfer to another Mississippi court for convenience or the interest of justice.
Full Text of Rule 82
(b) Venue of Actions. Except as provided by this rule, venue of all actions shall be as provided by statute.
(c) Venue Where Claim or Parties Joined. Where several claims or parties have been properly joined, the suit may be brought in any county in which any one of the claims could properly have been brought. Whenever an action has been commenced in a proper county, additional claims and parties may be joined, pursuant to Rules 13, 14, 22 and 24, as ancillary thereto, without regard to whether that county would be a proper venue for an independent action on such claims or against such parties.
(d) Improper Venue. When an action is filed laying venue in the wrong county, the action shall not be dismissed, but the court, on timely motion, shall transfer the action to the court in which it might properly have been filed and the case shall proceed as though originally filed therein. The expenses of the transfer shall be borne by the plaintiff. The plaintiff shall have the right to select the court to which the action shall be transferred in the event the action might properly have been filed in more than one court.
(e) Forum Non-conveniens. With respect to actions filed in an appropriate venue where venue is not otherwise designated or limited by statute, the court may, for the convenience of the parties and witnesses or in the interest of justice, transfer any action or any claim in any civil action to any court in which the action might have been properly filed and the case shall proceed as though originally filed therein.
Advisory Committee Notes
Rule 82(c) provides that if venue is proper for one plaintiff’s claim and such plaintiff has been properly joined with other plaintiffs, venue is proper for all plaintiffs’ claims. Mississippi Code Annotated §11-11-3(2), however, provides that “[i]n any civil action where more than one (1) plaintiff is joined, each plaintiff shall independently establish proper venue; it is not sufficient that venue is proper for any other plaintiff joined in the civil
action.” Rule 82(b) states that “[e]xcept as provided by this rule, venue in all actions shall be as provided by statute.” Thus, there is a conflict between the rule and the statute in that the rule states that venue is proper in cases involving multiple plaintiffs who are properly joined if venue is proper for a single plaintiff’s claim, whereas the statute provides that in cases involving multiple plaintiffs venue must be proper for each plaintiff’s claim. There is no conflict in cases involving multiple defendants—“venue properly established against one defendant generally is proper against all defendants.” See Penn Nat’l Gaming, Inc. v. Ratliff, 954 So. 2d 427, 432 (Miss. 2007). In cases involving a medical malpractice defendant and another defendant, however, venue established by Mississippi Code Annotated §11-11-3 is only appropriate in the county where the alleged malpractice occurred. See Adams v. Baptist Memorial Hospital-DeSoto, Inc., 965 So. 2d 652, 657-58 (Miss. 2007).
Rule 82(e) authorizes a motion to transfer venue to another court having proper venue within the state based upon forum non-conveniens. In addition, Mississippi Code Annotated §11-11-3 authorizes transfer to another forum within Mississippi that is more convenient and further authorizes dismissal of the case in Mississippi if a more convenient forum is available in another state. A trial court ruling on a motion to dismiss made pursuant to the statute must determine whether, given “the interest of justice” and “the convenience of the parties and witnesses,” “a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state.” Mississippi Code Annotated §11-11- 3(4)(a). The trial court may consider the factors set forth in Mississippi Code Annotated §11- 11-3(4)(a).
Plain-English Summary
Rule 82(a) draws a firm line between two different concepts. The civil rules aren't to be read as extending or limiting a court's jurisdiction; jurisdiction is a separate question governed by the Mississippi Constitution and other law, while this rule is directed at venue, meaning which court within the state is the right place for a case to proceed.
Rule 82(b) sets the default: except as this rule itself provides, venue in all actions follows the applicable statute. Rule 82(c) then supplies its own rule for joined claims and parties — venue is proper in any county where any one of several properly joined claims could have been brought, and once an action is under way in a proper county, additional claims and parties can be added under Rules 13, 14, 22, and 24 without separately establishing that the county would be proper venue for those added claims on their own. The official notes flag a real tension here: a Mississippi venue statute, Mississippi Code Annotated § 11-11-3(2), takes a different approach for multiple plaintiffs, requiring each one to independently establish proper venue, so this is an area where the statute and the rule's own joinder-based approach don't line up.
Rule 82(d) governs what happens when a case is filed in the wrong county: the court doesn't dismiss it. On a timely motion, the court transfers the action to a court where it could properly have been filed, and the case proceeds as if it had been filed there from the start. The plaintiff bears the cost of the transfer and chooses the destination court if more than one would be proper.
Rule 82(e) adds a separate transfer option for convenience. Where venue is proper but not otherwise fixed or limited by statute, the court may transfer an action, or a claim within it, to another Mississippi court for the convenience of the parties and witnesses or in the interest of justice, and the case proceeds there as though it had been filed in that court originally.
Frequently Asked Questions
Does Rule 82 give a Mississippi court authority to hear cases it otherwise couldn't?
No. Rule 82(a) states that the civil rules aren't to be read as extending or limiting a court's jurisdiction; jurisdiction is a separate question governed by the constitution and other law, and this rule is directed at venue instead.
If my case has several plaintiffs joined together, is venue proper everywhere any one of them could have sued?
Rule 82(c) says venue is proper in any county where any one of several properly joined claims could have been brought. The official notes point out that a Mississippi venue statute, Mississippi Code Annotated § 11-11-3(2), takes a different approach for multiple plaintiffs, requiring each one to independently establish proper venue, so this is an area where the statute and the rule don't line up.
What happens if I file my lawsuit in the wrong county?
Rule 82(d) doesn't let the court dismiss the case for that reason. Instead, on a timely motion, the court transfers the action to a court where it could properly have been filed, and the case proceeds as if it had been filed there from the start. The plaintiff pays the transfer costs and chooses the destination court if more than one would be proper.
Can a case be transferred to a different Mississippi court just because it would be more convenient for everyone?
Yes, when venue isn't otherwise fixed or limited by statute. Rule 82(e) lets the court transfer an action, or a claim within it, to another Mississippi court for the convenience of the parties and witnesses or in the interest of justice, and the case proceeds there as though it had been filed in that court originally.
If several claims or parties are properly joined in one lawsuit, where can it be filed?
Rule 82(c) allows the suit to be filed in any county where any one of the joined claims could properly have been brought. Once the action is under way in a proper county, additional claims and parties can be added under Rules 13, 14, 22, and 24 without separately establishing that the county would be proper venue for those added claims on their own.
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
Also known as: mississippi venue transfer wrong countyforum non conveniens mississippi civil casevenue multiple plaintiffs joined mississippijurisdiction and venue mississippi civil rules