Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Uniform Rules of Procedure for Justice Court

Supreme Court of Mississippi

May 15, 2017

IN RE: UNIFORM RULES OF PROCEDURE FOR JUSTICE COURT

          EN BANC ORDER

          JAMES W. KITCHENS, JUSTICE

         On December 15, 2016, by unanimous order of the Court, the Mississippi Rules of Criminal Procedure were adopted. The Court's en banc order provided that this new body of rules take effect July 1, 2017, and adjudicated that the Mississippi Rules of Criminal Procedure ". . . shall govern the procedure in all criminal proceedings in the Circuit, County, Justice and Municipal Courts of this State."

         Inasmuch as said Mississippi Rules of Criminal Procedure have the effect of altering, duplicating, supplementing and/or replacing certain of the existing provisions of Mississippi's Uniform Rules of Procedure for Justice Court, the Court finds and adjudicates that said Uniform Rules of Procedure for Justice Court should be, and they hereby are, amended in accordance with Exhibit A, which by reference is incorporated in and made a part of this order. Such amendments shall take effect on July 1, 2017.

         The Clerk of this Court shall spread this order and the amended rules attached hereto on the minutes of the Court, and the Clerk shall provide a certified copy thereof to West Publishing Company for publication in a forthcoming edition of the Southern Reporter, Mississippi Cases, which is the official publication of the decisions of this Court, and in the next edition of the Mississippi Rules of Court.

         SO ORDERED.

         ALL JUSTICES AGREE.

         EXHIBIT A

         UNIFORM RULES OF PROCEDURE FOR JUSTICE COURT

         1.00 GENERAL RULES.

         1.01 Scope of Rules.

         1.02 Courtroom Decorum and Security.

         1.03 Failure to Conform to These Rules.

         1.043 Use of Cameras, Recording and Broadcasting Equipment. 1.054 Earwigging the Judge Prohibited. 1.065 Clerk's Duty to Keep Papers. 1.076 Correction of Clerical Errors.

         1.08 Officer of the Court Must Not Sign Bonds.

         1.09 Withdrawal of Counsel. 1.1007 Recusal of Judges.

         1.11 Additional Rules.

         1.12 Pleadings and Motions Submitted to the Court.

         1.13 Requests of Subpoenas.

         1.14 Service of Subpoenas. 1.1508 Appointment of Interpreter. 1.1609 Summons of Jurors. 1.1710 Participants Must Be Prompt. 1.1811 Conduct of Counsel and Parties.

         1.19 Composition of Jury.

         1.20 Voir Dire of Jurors.

         1.21 Alternate Jurors.

         1.22 Communications With Jurors.

         1.23 Jury Instructions.

         1.24 Jury Deliberations.

         1.25 Appeals From Justice Court.

         2.00 CIVIL RULES 2.01Applicability of Rules. 2.02Failure to Conform to These Rules. 2.03Additional Rules. 2.04Officer of the Court Must Not Sign Bonds.

         2.022.05 Form of Action.

         2.032.06 Commencement of Civil Action.

         2.07 Pleadings and Motions Submitted to the Court.

         2.042. 08 Issuance of Summons.

         2.09 Requests of Subpoenas.

         2.10 Service of Subpoenas.

         2.052.11 Computation of Time.

         2.062.12 Failure to Appear on Trial Date.

         2.072.13 Counterclaims and Setoffs.

         2.082.14 Representation By Guardian Ad Litem.

         2.092.15 Substitution of Parties. 2.16 Withdrawal of Counsel.

         2.102.17 Dismissal of an Action by Written Motion.

         2.112.18 Consolidation and Separation of Trials.

         2.122.19 Default Judgment.

         2.20 Composition of Jury.

         2.21 Voir Dire of Jurors.

         2.22 Alternate Jurors.

         2.23 Communications With Jurors.

         2.24 Jury Instructions.

         2.25 Jury Deliberations.

         2.132.26 Mistrial.

         2.142.27 Post-judgment Actions.

         2.152.28 Enforcement of Judgements.

         2.29 Appeals From Justice Court.

         3.00 CRIMINAL RULES 3.01Applicability of Rules.

         3.02 Representation By Counsel.

         3.03 Issuance of Warrants.

         3.04 Bail Bonds.

         3.05 Multiple Offenses.

         3.06 Joinder.

         3.07 Amendments of Affidavits.

         3.08 Pleas.

         3.09 Mistrial.

         3.10 Sentencing.

         UNIFORM RULES OF PROCEDURE FOR JUSTICE COURT

         [Adopted Effective May 1, 1995; Amended Effective July 1, 2017]

         RULE 1.00 GENERAL RULES

         RULE 1.01 SCOPE OF RULES

         These rules govern procedures in justice court and, except where specified, apply to all actions, civil and criminal.

         RULE 1.02 COURTROOM DECORUM AND SECURITY

         The court shall be opened formally and conducted with dignity and decorum at all times. The judge shall wear a judicial robe at all times when presiding in open court. Each officer of the court shall be responsible for promotion of respect for the court.

         No one shall wear or bear firearms or weapons of any description in the courtroom, except bailiffs and any necessary guards of a prisoner, unless authorized by the court.

         RULE 1.03 FAILURE TO CONFORM TO THESE RULES

         Any person embraced within these rules who violates the provisions hereof may be subject to sanctions, contempt proceedings or other disciplinary actions imposed or initiated by the court.

         RULE 1.043 USE OF CAMERAS, RECORDING AND BROADCASTING EQUIPMENT

         The use of cameras, recording or broadcasting equipment, or such shall be governed by the Code of Judicial Conduct.

         RULE 1.054 EARWIGGING THE JUDGE PROHIBITED

         No person shall undertake to discuss with, or in the presence of, or hearing of the judge, the law or facts or alleged facts of any case then pending in the court, or likely to be instituted therein, except in the orderly progress of the trial, and arguments or briefs connected therewith; nor attempt in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.