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Commonly Asked Questions about Mississippi Civil Law

A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be longer, unless the court otherwise orders.
Additionally, Mississippi is a stand your ground state, meaning the individual who is not the initial aggressor and is not engaged in unlawful activity has no duty to retreat before using deadly force.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
Cas. 1991). Effective July 1, 1997 a new Rule 45 was adopted. Effective July 1, 2013, Rule 45 was amended to specifically authorize a subpoena to command the person to whom it is directed to produce and permit inspection and copying of electronically stored information.
Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion-motion for Judgment on the Pleadings (a) When Presented. A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4.
Mississippi Rule of Civil Procedure 12(b)(6) allows a defendant to test the legal sufficiency of the complaint by seeking a dismissal for the plaintiffs failure to state a claim on which relief can be granted.
Rule 12(b) provides a party may assert the following defenses by motion. The defendant has two options: 1) raise the defenses in a preliminary motion, or 2) raise the defenses in the answer, provided that they have not been waived by omission from a preliminary motion.