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Miss. R. Civ. P. 77

COURTS AND CLERKS

activein force · 1997-07-01 – presentact-effective-date

(a) Court Always Open. The courts shall be deemed always open for the purposes

of filing any pleading or other proper paper, of issuing and returning process, and of making

and directing all interlocutory motions, orders, and rules.

(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be

conducted in open court, except as otherwise provided by statute. All other acts or

proceedings may be done or conducted by a judge in chambers, without the attendance of the

clerk or other court officials and at any place within the state either within or without the

district; but no hearing shall be conducted outside the district without the consent of all

parties affected thereby.

(c) Clerk’s Office and Orders by Clerk. The clerk’s office with the clerk or a

deputy clerk in attendance shall be open during business hours on all days except Saturdays,

Sundays, and legal holidays. All motions and applications to the clerk for issuing process,

for issuing process to enforce and execute judgments, for entering defaults, and for other

proceedings which do not require allowance or order of the court are grantable of course by

the clerk; but his action may be suspended or altered or rescinded by the court upon cause

shown.

(d) Notice of Orders or Judgments. Immediately upon the entry of an order or

judgment the clerk shall serve a notice of the entry in the manner provided for in Rule 5 upon

each party who is not in default for failure to appear, and shall make a note in the docket of

the service. Any party may in addition serve a notice of such entry in the manner provided

in Rule 5 for the service of papers. Lack of notice of the entry by the clerk does not affect

the time to appeal, nor relieve, nor authorize the court to relieve, a party for failure to appeal

within the time allowed, except as permitted by the Mississippi Rules of Appellate

Procedure.

History

[Amended effective July 1, 1997.]

Provenance

Source
courts.ms.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
4e0bc6c122bfe87d917d97c190dec958e4cf479de538dbe3f43ece2125d8e396
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