Bindinglaw

MS · rules

Miss. R. Civ. P. 8

GENERAL RULES OF PLEADING

activein force · 2026-09-25 – presentact-effective-date

(a) Claims for Relief. A pleading which sets forth a claim for relief, whether an

original claim, counter-claim, cross-claim, or third-party claim, shall contain

(1) a short and plain statement of the claim showing that the pleader is entitled to

relief, and,

(2) a demand for judgment for the relief to which he deems himself entitled. Relief

in the alternative or of several different types may be demanded.

(b) Defenses: Form of Denials. A party shall state in short and plain terms his

defenses to each claim asserted and shall admit or deny the averments upon which the

adverse party relies. If he is without knowledge or information sufficient to form a belief as

to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall

fairly meet the substance of the averments denied. When a pleader intends in good faith to

deny only a part or a qualification of an averment, he shall specify so much of it as is true and

material and shall deny only the remainder. Unless the pleader intends in good faith to

controvert all the averments of the preceding pleading, he may make his denials as specific

denials or designated averments or paragraphs, or he may generally deny all the averments

except such designated averments or paragraphs as he expressly admits; but, when he does

so intend to controvert all of its averments, he may do so by general denial subject to the

obligations set forth in Rule 11.

(c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth

affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory

negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud,

illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of

frauds, statute of limitations, waiver, and any other matter constituting an avoidance or

affirmative defense. When a party has mistakenly designated a defense as a counter-claim

or a counter-claim as a defense, the court on terms, if justice so requires, shall treat the

pleading as if there had been proper designation.

(d) Effect of Failure to Deny. Averments in a pleading to which a responsive

pleading is required, other than those as to the amount of damages, are admitted when not

denied in the responsive pleading. Averments in a pleading to which no responsive pleading

is required or permitted shall be taken as denied or avoided.

(e) Pleading to Be Concise and Direct: Consistency.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical

forms of pleading or motions are required.

(2) A party may set forth two or more statements of a claim or defense alternatively

or hypothetically, either in one count or defense or in separate counts or defenses. When two

or more statements are made in the alternative and one of them if made independently would

be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the

alternative statements. A party may also state as many separate claims or defenses as he has,

regardless of consistency. All statements shall be made subject to the obligations set forth

in Rule 11.

(f) Construction of Pleadings. All pleadings shall be so construed as to do

substantial justice.

(g) Pleadings Shall Not Be Read or Submitted. Pleadings shall not be carried by

the jury into the jury room when they retire to consider their verdict, except insofar as a

pleading or portion thereof has been admitted in evidence.

(h) Disclosure of Minority or Legal Disability. Every pleading or motion made by

or on behalf of a person under legal disability shall set forth such fact unless the fact of legal

disability has been disclosed in a prior pleading or motion in the same action or proceeding.

Provenance

Source
courts.ms.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
fe477bc3cf771d3137dc9d48d016f4f95f516281ae2313dbc1b8be60e20a1ec6
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
Miss. R. Civ. P. 8 — GENERAL RULES OF PLEADING · binding.law