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In re Adoption of Mississippi Rules of Criminal Procedure

Supreme Court of Mississippi

December 13, 2016

IN RE: ADOPTION OF MISSISSIPPI RULES OF CRIMINAL PROCEDURE

          EN BANC ORDER

          ANN H. LAMAR JUSTICE

         The Mississippi Constitution mandates certain procedural requirements in the criminal law of this State. And the Mississippi Legislature and this Court, acting on the respective authority vested in them by the Mississippi Constitution, have articulated additional procedural requirements. In order to promote justice, uniformity, and efficiency in our courts, we find it necessary and reasonable now to combine all of the requirements governing criminal procedure in the courts of this State into a singular set of rules. Therefore, pursuant to the inherent authority vested in this Court by the Constitution of the State of Mississippi, as discussed in Newell v. State, 308 So.2d 71 (Miss. 1975), we adopt the rules attached hereto as the Mississippi Rules of Criminal Procedure, which shall govern the procedure in all criminal proceedings in the Circuit, County, Justice and Municipal Courts of this State. These rules shall take effect on July 1, 2017.

         The Clerk of this Court is authorized and directed to spread this order and the rules attached hereto at large on the minutes of the Court, and the Clerk is further authorized and directed to forward a certified copy thereof to West Publishing Company for publication in a forthcoming edition of Southern Reporter, Mississippi Cases, the official publication of decisions of this Court.

         SO ORDERED.

         ALL JUSTICES AGREE.

         MISSISSIPPI RULES OF CRIMINAL PROCEDURE

         Rule 1 General Provisions

         Rule 2 Commencement of Criminal Proceedings

         Rule 3 Arrest Warrant or Summons upon Commencement of Criminal Proceedings

         Rule 4 Search Warrants

         Rule 5 Arrest and Initial Appearance

         Rule 6 Preliminary Hearing

         Rule 7 Counsel

         Rule 8 Release

         Rule 9 Trial Setting

         Rule 10 Presence of Defendant, Witnesses, and Spectators

         Rule 11 Change of the Place of Trial

         Rule 12 Mental Examinations

         Rule 13 The Grand Jury

         Rule 14 Indictment

         Rule 15 Arraignment and Pleas

         Rule 16 Pre-Trial Motions

          Rule 17 Disclosure and Discovery

         Rule 18 Trial by Jury; Waiver; Selection and Preparation of Petit Jury

         Rule 19 Trial

         Rule 20 Duties of Court Reporters

         Rule 21 Motions for ...


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