Mississippi College Law Review

Publication Date

Fall 2022


Mississippi’s legislature and judiciary have been locked in a constitutional standoff over procedural rulemaking power for decades. In an article describing the history of the conflict, author William H. Page has predicted that the situation will inevitably lead to “practical difficulties” down the road. Years later, given ongoing conflicts among various aspects of civil procedure in Mississippi, that prediction is beginning to appear prescient. A prime example has developed in Mississippi’s venue rules.

This Comment has three goals. First, it seeks to resurface Page’s discussion of the “constitutional standoff.”3 Second, it describes how Page was likely correct in predicting that practical difficulties would arise down the road and provides an example in the form of present conflicts between Mississippi venue rules. Finally, it discusses potential solutions to the narrow issue of venue, ultimately concluding that a more cooperative process between the legislature and the judiciary is needed to prevent similar problems from arising in the future.

Part II of this article provides (1) a brief recitation of how the constitutional standoff between the two branches came about, (2) a short history of Mississippi’s venue rules, (3) an explanation of how the standoff has potentially led to a practical difficulty in satisfying venue requirements, and (4) an explanation of the foundational concepts and federal model of venue to provide context for the analysis. Part III describes how Mississippi’s venue rules present practical difficulties; this includes the narrow issue of venue, the broad issue of the constitutional standoff, and potential answers to these problems. Part IV will conclude with final thoughts and a proposed solution to this longstanding problem.



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