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IN THE MATTER OF THE APPROVAL OF THE LOCAL RULES ADOPTED BY THE FIFTH CHANCERY COURT DISTRICT

OCTOBER 26, 1988

IN THE MATTER OF THE APPROVAL OF THE LOCAL RULES ADOPTED BY THE FIFTH CHANCERY COURT DISTRICT




RULES No. 15

ORDER

On March 21, 1988, the Local Rules of the Fifth Chancery Court District were submitted to this Court for approval. A Motion to Disallow the Local Rules was also filed.

The Court having now considered both Motions and supporting briefs finds as follows:

 (1) That under Miss. R. Civ. P. 83, any court, by action of the majority of the judges thereof may implement local rules and amendments thereto governing practice, so long as the local rules are not inconsistent with the Mississippi Rules of Civil Procedure;

 (2) That if a majority of the judges cannot agree on the implementation of local rules, then that court will be governed by the Uniform Rules approved by the Supreme Court;

 (3) That a majority of the Chancellors adopted the

 Local Rules submitted to this Court, as the Local Rules of the Fifth Chancery Court District;

 (4) That Local Rule 15, Local Rule 17, and Local Rule 20 conflict with the Mississippi Rules of Civil Procedure, are disapproved by this Court, and should be deleted from the Local Rules of the Fifth Chancery Court District.

 NOW THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that Local Rules 15, 17 and 20 are hereby deleted from the Local Rules of the Fifth Chancery Court District.

 IT IS FURTHER ORDERED that the remaining Local Rules of the Fifth Chancery Court District are hereby approved and published.

 SO ORDERED, this the 26th day of October, 1988.

 ROY NOBLE LEE, CHIEF JUSTICE

 CONCURRING: HAWKINS, P.J.; DAN LEE, P.J.; PRATHER; ROBERTSON; SULLIVAN; ANDERSON, ...


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