Miss. R. Civ. P. 81

(a) Applicability in General. These rules apply to all civil proceedings but are

subject to limited applicability in the following actions which are generally governed by

statutory procedures.

(1) proceedings pertaining to the writ of habeas corpus;

(2) proceedings pertaining to the disciplining of an attorney;

(3) proceedings pursuant to the Youth Court Law and the Family Court Law;

(4) proceedings pertaining to election contests;

(5) proceedings pertaining to bond validations;

(6) proceedings pertaining to the adjudication, commitment, and release of narcotics

and alcohol addicts and persons in need of mental treatment;

(7) eminent domain proceedings;

(8) Title 91 of the Mississippi Code of 1972;

(9) Title 93 of the Mississippi Code of 1972;

(10) creation and maintenance of drainage and water management districts;

(11) creation of and change in boundaries of municipalities;

(12) proceedings brought under sections 9-5-103, 11-1-23, 11-1-29, 11-1-31, 11-1-33,

11-1-35, 11-1-43, 11-1-45, 11-1-47, 11-1-49, 11-5-151 through 11-5-167, and 11-17-33,

Mississippi Code of 1972.

Statutory procedures specifically provided for each of the above proceedings shall

remain in effect and shall control to the extent they may be in conflict with these rules;

otherwise these rules apply.

(b) Summary Proceedings. In ex parte matters where no notice is required

proceedings shall be as summary as the pertinent statutes contemplate.

(c) Publication of Summons or Notice. Whenever a statute requires summons or

notice by publication, service in accordance with the methods provided in Rule 4 shall be

taken to satisfy the requirements of such statute.

(d) [Moved to Rule 4(i).]

(d) Proceedings Modified. The forms of relief formerly obtainable under writs of

fieri facias, scire facias, mandamus, error coram nobis, error coram vobis, sequestration,

prohibition, quo warranto, writs in the nature of quo warranto, and all other writs, shall be

obtained by motions or actions seeking such relief.

(e) Terminology of Statutes. In applying these rules to any proceedings to which

they are applicable, the terminology of any statute which also applies shall, if inconsistent

with these rules, be taken to mean the analogous device or procedure proper under these

rules; thus (and these examples are intended in no way to limit the applicability of this

general statement):

Bill of complaint, bill in equity, bill, or declaration shall mean a complaint as

specified in these rules;

Plea in abatement shall mean motion;

Demurrer shall be understood to mean motion to strike as set out in Rule 12(f);

Plea shall mean motion or answer, whichever is appropriate under these rules;

Plea of set-off or set-off shall be understood to mean a permissible counter-claim;

Plea of recoupment or recoupment shall refer to a compulsory counter-claim;

Cross-bill shall be understood to refer to a counter-claim, or a cross-claim, whichever

is appropriate under these rules;

Revivor, revive, or revived, used with reference to actions, shall refer to the

substitution procedure stated in Rule 25;

Decree pro confesso shall be understood to mean entry of default as provided in Rule

55;

Decree shall mean a judgment, as defined in Rule 54;

(f) Procedure Not Specifically Prescribed. When no procedure is specifically

prescribed, the court shall proceed in any lawful manner not inconsistent with the

Constitution of the State of Mississippi, these rules, or any applicable statute.