Mississippi Notice of Appeal
Mississippi is one of the few states where the trial court can actually extend the notice-of-appeal deadline for excusable neglect, and its justice-court appeals carry two conflicting deadlines, one in the statute and one in the court rules.
Find out where you stand in Mississippi
Where are you in the appeal?
DocDraft provides document preparation, not legal advice.
Introduction
In Mississippi, a notice of appeal from a final civil judgment must be filed within 30 days after the date of entry of the judgment or order appealed from, and entry means the date the trial court clerk receives and files it, not the date any party is served (Miss. R. App. P. 4(a)). A timely motion under Mississippi Rule of Civil Procedure 50(b), 52(b), 59, or 60, the last only if filed no later than 10 days after entry of judgment, restarts the clock for every party, with the appeal period running from entry of the order disposing of the last such motion still pending; a notice filed before that order is ineffective until the order is entered (Miss. R. App. P. 4(d)). Unlike many states, Mississippi lets the trial court extend the deadline: on a motion filed no later than 30 days after the deadline otherwise expires, with notice to the other parties and a showing of excusable neglect, the court may grant an extension of no more than 30 days past the original deadline or 10 days from the date the extension order is entered, whichever is later (Miss. R. App. P. 4(g)). Separately, the trial court may reopen the time to appeal for 14 more days if a party did not receive notice of entry within 21 days and no one is prejudiced (Miss. R. App. P. 4(h)). The notice is filed with the clerk of the trial court, the circuit or chancery court that entered the judgment, never with the Supreme Court clerk; a notice mistakenly filed with the Supreme Court is deemed filed in the trial court on the date the Supreme Court clerk notes receiving it (Miss. R. App. P. 3(a), 4(a)). An appeal goes first to the Supreme Court of Mississippi, which then assigns most civil appeals to the Court of Appeals of the State of Mississippi under its own deflection authority; the notice itself need not name which court will hear the case. Appendix I, Form 1 to the Mississippi Rules of Appellate Procedure is a suggested, not mandatory, form of notice of appeal. Filing the notice requires a $200 general docket fee paid to the trial court clerk, who forwards it to the Supreme Court clerk (confirm the current fee with the clerk); no separate appellate cost or security bond is required to perfect the appeal. Filing the notice does not by itself stop the other side from collecting on the judgment: a stay of a money judgment requires a supersedeas bond of 125 percent of the judgment, with a punitive-damages bond capped at the lower of 125 percent of the punitive award or 10 percent of the defendant's net worth, and a total bond generally capped at $100,000,000 absent unusual circumstances (Miss. R. App. P. 8(a)-(b)). A civil judgment of a justice court, including its small-claims division, is appealed instead to the circuit court of the county, or the county court where one exists, for a full trial de novo, and either party may appeal (Miss. Code Ann. section 11-51-85). This page covers a civil appeal from a circuit or chancery court judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different rules and are not covered here. Attorney review is available before you file.
Key Things to Know
- 1
The deadline is 30 days after entry of the judgment or order appealed from, meaning the date the trial court clerk receives and files it, not the date of service. A timely motion under Mississippi Rule of Civil Procedure 50(b), 52(b), 59, or 60 (the last only if filed no later than 10 days after entry) restarts the clock for every party, running from entry of the order disposing of the last such motion (Miss. R. App. P. 4(a), (d)).
- 2
Mississippi is unusual: the trial court can extend the deadline. On a motion filed no later than 30 days after the deadline expires, with notice to the other parties and a showing of excusable neglect, the court may add no more than 30 days past the original deadline or 10 days from the extension order, whichever is later (Miss. R. App. P. 4(g)). Separately, the trial court may reopen the time for 14 more days if a party did not receive notice of entry within 21 days and no one is prejudiced (Miss. R. App. P. 4(h)).
- 3
File the notice with the clerk of the trial court, the circuit or chancery court that entered the judgment, never with the Supreme Court clerk. A notice mistakenly filed with the Supreme Court is deemed filed in the trial court on the date the Supreme Court clerk notes receiving it (Miss. R. App. P. 3(a), 4(a)). The appeal goes to the Supreme Court of Mississippi, which assigns most civil appeals to the Court of Appeals of the State of Mississippi.
- 4
The notice must specify the party or parties taking the appeal, the party or parties against whom the appeal is taken, and designate, as a whole or in part, the judgment or order appealed from; an appeal is not dismissed for informality of the notice's form or title (Miss. R. App. P. 3(a)). Appendix I, Form 1 to the Mississippi Rules of Appellate Procedure is a suggested, not mandatory, form.
- 5
Filing costs a $200 general docket fee, paid to the trial court clerk, who forwards it to the Supreme Court clerk (confirm the current fee with the clerk); a cross-appeal carries its own separate $200 fee. No separate appellate cost or security bond is required to perfect the appeal (Miss. R. App. P. 3(e); Miss. Code Ann. section 25-7-3).
- 6
Filing the notice does not by itself stop collection of a money judgment. A stay requires a supersedeas bond of 125 percent of the judgment amount, with a punitive-damages bond capped at the lower of 125 percent of the punitive award or 10 percent of the defendant's net worth, and a total bond generally capped at $100,000,000 absent unusual circumstances (Miss. R. App. P. 8(a)-(b)).
- 7
A civil judgment of a justice court, including its small-claims division, is appealed by trial de novo to the circuit court of the county, or the county court where one exists, and either party may appeal (Miss. Code Ann. section 11-51-85). Two Mississippi sources set different deadlines for that appeal: the statute requires the appeal to be demanded and bond given within 10 days after the judgment, with bond of double the amount of the judgment and not less than $100, while Uniform Civil Rules of Circuit and County Court Practice Rule 5.04 requires the notice of appeal to be filed and costs paid at the same time within 30 days. The two texts conflict and a missed deadline forfeits the appeal, so the safer course is to meet both: demand the appeal, give the bond, file the notice and pay costs within 10 days after the judgment.
Key decisions before you file
Before you file a Notice of Appeal in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
Open the Notice of Appeal guideCustomize your Notice of Appeal Template with DocDraft
Mississippi Requirements for Notice of Appeal
30-Day Deadline Runs From Entry, Not Service
The notice of appeal must be filed within 30 days after the date of entry of the judgment or order, meaning the date the trial court clerk receives and files it, not the date of service (Miss. R. App. P. 4(a)).
Tolling Motions Restart the Clock for All Parties
A timely motion under Mississippi Rule of Civil Procedure 50(b), 52(b), 59, or 60 (the last only if filed no later than 10 days after entry) restarts the appeal clock for every party, running from entry of the order disposing of the last such motion (Miss. R. App. P. 4(d)).
Trial Court May Extend the Deadline for Excusable Neglect
On a motion filed no later than 30 days after the deadline expires, with notice to the other parties and a showing of excusable neglect, the trial court may extend the time by no more than 30 days past the original deadline or 10 days from the extension order, whichever is later, and may separately reopen the time for 14 more days if a party missed notice of entry within 21 days (Miss. R. App. P. 4(g), (h)).
Filed With the Trial Court Clerk, Not the Supreme Court
The notice is filed with the clerk of the trial court, the circuit or chancery court that entered the judgment, never with the Supreme Court clerk; a notice mistakenly filed with the Supreme Court is deemed filed in the trial court on the date the Supreme Court clerk notes receiving it (Miss. R. App. P. 3(a), 4(a)).
Suggested, Not Mandatory, Form of Notice
Appendix I, Form 1 to the Mississippi Rules of Appellate Procedure is a suggested form of notice of appeal; it is not mandatory, and no numbered mandatory form exists in its place.
Required Contents of the Notice
The notice must specify the party or parties taking the appeal, the party or parties against whom the appeal is taken, and designate, as a whole or in part, the judgment or order appealed from; it is not dismissed for informality of form or title (Miss. R. App. P. 3(a)).
$200 Docket Fee Plus Record Cost Deposit
Filing requires a $200 general docket fee paid to the trial court clerk, who forwards it to the Supreme Court clerk (confirm the current fee with the clerk); a cross-appeal carries its own separate $200 fee, and no separate appellate cost or security bond is required to perfect the appeal (Miss. R. App. P. 3(e); Miss. Code Ann. section 25-7-3). Within 7 days after filing the notice, the appellant must deposit the estimated cost of preparing the record and transcript with the trial court clerk (Miss. R. App. P. 11(b)(1)).
Supersedeas Bond Needed to Stay a Money Judgment
Filing the notice does not by itself stop collection of a money judgment. A stay requires a supersedeas bond of 125 percent of the judgment, punitive-damages bonds are capped at the lower of 125 percent of the punitive award or 10 percent of the defendant's net worth, and a total bond is generally capped at $100,000,000 absent unusual circumstances (Miss. R. App. P. 8(a)-(b)).
Justice Court Appeals Carry a Conflicting Deadline
A justice court civil judgment, including a small-claims judgment, is appealed by trial de novo to the circuit or county court by either party (Miss. Code Ann. section 11-51-85). The statute requires the appeal to be demanded and bond given within 10 days, while Uniform Civil Rules of Circuit and County Court Practice Rule 5.04 requires the notice filed and costs paid together within 30 days; meeting every step within 10 days satisfies both.