MS · rules
Miss. R. Civ. P. 8
GENERAL RULES OF PLEADING
(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
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