A Complaint by any other Name …

January 22, 2014 § Leave a comment

This from the case of Cornelius v. Overstreet, 757 So.2d 332, 335 (Miss. App. 2000):

¶ 9. In addition, this Court would like to comment to the bar and the trial bench about cases similar in nature which fall within the purview of Rule 81(d) of the Mississippi Rules of Civil Procedure. The initiation of such actions should be by filing “complaints” or “petitions,” and “counterclaims” or “cross-claims” (whichever might be appropriate), not “motions” and “cross-petitions” as was done in this case. See M.R.C.P. 13, 81(d)(1-3), 81(f), and comments to 81(d)(3) and 81(f).

Here’s a link to a previous post that goes into greater detail.

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