Friday, August 12, 2011

Civil procedure question of the day

In Mississippi state court, what rule *requires* one to file a notice of service of discovery requests/responses? (Ignore any local rule of a particular court district.)

I'm not finding one, actually.

MRCP 5(d) says how you prove service of discovery papers, but doesn't say you have to file any notice.


  1. I'm glad someone else noticed this. So to speak.

  2. My recollection is that the notice of service provision was carried over from federal court practice. MRCP Rule 5(d) provides, in part, "unless ordered by the court, discovery papers need not be filed until used with respect to any proceeding." The necessity of a notice of service comes from the next sentence: "Proof of service of any paper shall be upon certificate of the person executing the same." Since all papers filed with the clerk carry a certificate of service, there needed to be something filed to certify to this service as well. Ergo, the notice of service (which, somewhat redundantly, also carries its own certificate of service).

  3. That would have to be how it works, SOMS, but it doesn't come out & say you have to file it; proof is upon certificate, and I at least attach a cert to discovery requests and responses, even though I'm not filing them.

    You are likely right that people are just imitating federal practice (tho I've not looked to see if there really is a federal rule to that effect).

    I was just curious b/c I forgot to file a notice and now think I may as well not draw attention thereto -- the other side has moved to stay its need to respond, so there is no issue they received 'em.