MS · rules
Miss. R. Civ. P. 77
COURTS AND CLERKS
(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the clerk; but his action may be suspended or altered or rescinded by the court upon cause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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