Civil Rules Basics

The Southern District of Mississippi covers 45 counties in the southern half of the state, including Harrison County where Biloxi sits. Cases are heard in Jackson, Gulfport, Hattiesburg, and Natchez. For Biloxi matters, you'll typically file in the Southern Division (Gulfport). This guide covers everything you need to file and litigate a federal civil rights case pro se.

Before You File

Before filing, make sure you have:

• Standing: You personally suffered an injury caused by the defendant that the court can remedy.
• Proper defendants: Name the individuals who violated your rights (in their individual and/or official capacities) and/or the municipality if a policy caused the violation.
• Exhaustion (if required): Some claims require exhausting administrative remedies first. Section 1983 claims generally don't, but check your specific situation.
• Statute of limitations: Mississippi has a 3-year statute of limitations for § 1983 claims (borrowed from state personal injury law).

The Court Structure

Divisions:

• Jackson Division: Hinds, Rankin, Madison, and surrounding counties
• Southern Division (Gulfport): Harrison, Hancock, Stone, Pearl River, George, Jackson counties — This is where Biloxi cases go
• Hattiesburg Division: Forrest, Lamar, Perry, and surrounding counties
• Natchez Division: Adams, Franklin, Wilkinson, and surrounding counties

Filing Your Complaint

Required Documents

• Civil Cover Sheet (JS-44): Basic case information form
• Complaint: Your actual pleading stating the facts and claims
• Summons: One for each defendant — the court will issue these
• Filing Fee ($402) or IFP Application: If you can't afford the fee, file an Application to Proceed In Forma Pauperis with financial affidavit

Complaint Requirements

Under Federal Rule of Civil Procedure 8(a), your complaint must contain:

• Jurisdictional statement: Why this court has authority (federal question, 28 U.S.C. § 1331)
• Short and plain statement of the claim: What happened, who did it, what rights were violated
• Demand for relief: What you want (damages, injunction, declaratory judgment)

Format Requirements (Local Rules)

• Paper size: 8.5 x 11 inches
• Margins: At least 1 inch on all sides
• Font: 12-point, readable (Times New Roman, Arial, or similar)
• Line spacing: Double-spaced (except for quotations and footnotes)
• Page numbers: Bottom center or bottom right
• Caption: Case name, court, case number (leave blank initially), and document title

Electronic Filing (CM/ECF)

The Southern District requires electronic filing through CM/ECF (Case Management/Electronic Case Files). As a pro se litigant, you must register for an account.

Registration Steps

1. Go to ecf.mssd.uscourts.gov
2. Click "Register for a New Account" (pro se filers)
3. Complete the registration form with your information
4. You'll receive login credentials by email
5. Complete the online training module before filing

Service of Process

After filing, you must serve each defendant within 90 days (Rule 4(m)).

Serving Individuals

• Personal delivery to the individual
• Leaving copies at their dwelling with someone of suitable age
• Delivery to an authorized agent
• Following Mississippi state law for service

Serving a Municipality

Under Rule 4(j)(2), serve a municipality by:

• Delivering a copy to the chief executive officer (Mayor), OR
• Serving in the manner prescribed by state law

In Mississippi, serve the City Clerk or Mayor. Get a process server or use certified mail with return receipt (if allowed by state rules).

Key Deadlines

• Service: 90 days from filing to serve all defendants
• Defendant's Response: 21 days after service to answer or file a motion
• Response to Motion: 14 days to respond to any motion
• Reply: 7 days for reply brief (if permitted)
• Discovery: Typically 4-6 months, set by scheduling order
• Dispositive Motions: Deadline set by scheduling order

Page Limits (Local Rule 7(b)(4))

• Briefs/Memoranda: 25 pages maximum
• Reply briefs: 10 pages maximum
• Motions to exceed page limit: Must show good cause

The Federal Rules That Matter Most

Rule 8 — General Rules of Pleading

Keep it short and plain. You don't need to prove your case in the complaint—you need to state a claim that's plausible on its face. Facts, not conclusions.

Rule 12 — Defenses and Objections

Defendants will likely file a Rule 12(b)(6) motion to dismiss for "failure to state a claim." This is their first attempt to kill your case. Your complaint must contain enough facts that, if true, would establish a legal violation.

Rule 15 — Amended Pleadings

You can amend once as a matter of course within 21 days of serving. After that, you need consent or court permission. Courts "freely give leave when justice so requires."

Rule 26 — Duty to Disclose; Discovery

Initial disclosures are required within 14 days of the Rule 26(f) conference. This includes names of witnesses, documents you may use, damages computation, and insurance info.

Rule 56 — Summary Judgment

After discovery, defendants will likely move for summary judgment. They'll argue there's "no genuine dispute of material fact." Your job: show disputes exist that require a jury to decide.

Local Rules — Southern District of Mississippi

Local rules supplement the Federal Rules. Know these:

• L.U. Civ. R. 7(b)(4): Page limits (25 pages for briefs)
• L.U. Civ. R. 7(b)(6): All motions must include a certificate that you conferred (or tried to confer) with opposing counsel
• L.U. Civ. R. 10(a)(1): Use blue backing for paper filings (though most filing is electronic now)
• L.U. Civ. R. 16: Scheduling and case management procedures
• L.U. Civ. R. 83.1: Attorney admission requirements (pro se parties exempt)

Download the full Local Rules here →

Pro Se Specific Rules

What this means practically:

• The court will try to understand what you're arguing, even if you don't use magic legal words
• Technical defects won't automatically sink you
• Judges may give you opportunities to fix problems rather than dismissing outright
• BUT: You must still follow deadlines, rules, and basic procedure. "Liberal construction" isn't a free pass.

Common Mistakes to Avoid

• Missing deadlines: Calendar everything immediately. Set multiple reminders. Deadlines are jurisdictional—miss them and you may lose your case.
• Failing to serve properly: Improper service = case dismissed. Follow Rule 4 exactly.
• Suing the wrong parties: You can't sue "The City of Biloxi Building Department." Sue the City of Biloxi and/or individual officials.
• Forgetting to sign: Every filing must be signed. Under Rule 11, your signature certifies the filing isn't frivolous.
• Not keeping copies: Save everything. PDFs of every filing. Screenshots of docket entries. The system can glitch.
• Emotional arguments: Courts decide based on law and facts. Save the outrage for elsewhere. Keep filings professional.

Helpful Forms

What Happens After Filing

1. Case assigned: Random assignment to a District Judge and Magistrate Judge
2. Summons issued: Court issues summons for each defendant
3. You serve defendants: Within 90 days
4. Defendants respond: Answer or motion to dismiss within 21 days of service
5. Rule 26(f) Conference: Parties meet to discuss discovery plan
6. Scheduling Order: Court sets deadlines for discovery, motions, trial
7. Discovery: Interrogatories, document requests, depositions
8. Dispositive motions: Usually summary judgment motions
9. Pretrial conference: If case survives, court schedules trial
10. Trial: Present your case to judge or jury

Resources

• Southern District of Mississippi — Official Website
• Local Rules
• CM/ECF Electronic Filing
• Federal Rules of Civil Procedure
• Pro Se Forms
• PACER — Case Lookup