COMMENCEMENT OF CIVIL ACTION

Rules of Justice Court

Rule: 12

Jurisdiction: MS

Bluebook Citation: Miss. Just. Ct. R. 12

(a) A civil action is commenced by filing the complaint with the court. The complaint shall state the evidence of the debt, statement of account, or other basis for the civil action and make a specific demand for damages and/or other relief allowed by law. If a claim is founded on an account or other written instrument, a copy thereof should be attached to or filed with the complaint unless sufficient justification for its omission is stated in the complaint. The plaintiff may file a single complaint against multiple defendants if it is alleged that each of them is liable on the claim. (b) Exceptions. The following civil actions require a sworn complaint: (1) Evictions (Miss. Code Ann. § 89-7-29); (2) Replevin (Miss. Code Ann. § 11-37-101); (3) Distress for rents (Miss. Code Ann. § 89-7-57); (4) Unlawful entry and detainer (Miss. Code Ann. § 11-25-5); and (5) Any other civil action requiring a sworn complaint by statutory procedures.

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