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 Circuit and County Court Practice

Supreme Court of Mississippi

May 15, 2017

IN RE: UNIFORM RULES OF CIRCUIT AND COUNTY COURT PRACTICE

          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 Circuit and County Court Practice, the Court finds and adjudicates that said Uniform Rules of Circuit and County Court Practice 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 CIVIL RULES OF CIRCUIT AND COUNTY COURT PRACTICE

         Table of Rules

         1.01. Designation of Rule Name and Scope Proper Citation.

         1.02. Court Decorum.

         1.03 Sanctions.

         1.04 Cameras.

         1.05 Information on Each Pleading and Motion.

         1.05A Assignment of Cases.

         1.06. Corporations Must Be Represented by Counsel.

         1.07 Signing of Bonds by Officer of Court.

         1.08 Substitution of Copies.

         1.09 County Court Use of Chancery Court Rules.

         1.10 Earwigging Prohibited.

         1.11 Presentation of Orders to the Court.

         1.12 Removal of Records From the Office of the Clerk.

         1.13 Withdrawal of Counsel From a Case.

         1.14 Local Practice.

         1.15 Motions for Recusal of Judges.

         1.16 Electronic Filing and Service Procedures.

         2.01 Subpoenas.

         2.02 Scope of Authority of Court.

         2.03 Rescheduling Trials.

          2.04 Duties of Movant.

         2.05 Trial Briefs.

         2.06. Service of Copies and Certificate of Service.

         2.07. Habeas Corpus in Preconviction and Extradition Matters.

         3.01 Prompt Attendance and Informing Court of Presence of Expert Witness.

         3.02 Conduct of Attorneys.

         3.03 Number of Petit Jurors Summoned; Circuit and County and Eminent Domain Court May Use Same Venire.

         3.04 Communication With Jury.

         3.05 Voir Dire.

         3.06 Conduct of Jurors.

         3.07 Jury Instructions.

         3.08 Duty of Bailiff.

         3.09 Unnecessary Witnesses.

         3.10 Jury Deliberations and Verdict.

         3.11 Jury Recess.

         3.12 Mistrials.

         3.13 Assessment of Costs Upon Settlement of Case.

         3.14 Note Taking by Jurors. 4.01 Scope of Civil Rules. 4.021 Cost Deposit.

         4.032 Motion Practice.

         4.043 Discovery Deadlines and Practice.

         4.054 Jury Selection Process.

         4.065 Interlocutory Appeal from County Court.

         4.076 Rule for Jones, Lee and Rankin Counties Expedited Small Claims. [Omitted]

         5.01 Appeals to Be on the Record/Exceptions.

         5.02 Duty to Make Record.

         5.03 Scope of Appeals From Administrative Agencies.

         5.04 Notice of Appeal.

         5.05 Filing of Record in Appeals on the Record.

         5.06 Briefs on Appeals on the Record.

         5.07 Procedure on Appeals by Trial De Novo.

         5.08 Supersedeas.

         5.09 Cost Bond.

         5.10 Writ of Certiorari.

         6.01 Scope of Rules Applicable Only in Criminal Proceedings.

         6.02 Bail.

         6.03 Initial Appearance.

         6.04 Preliminary Hearing.

         6.05 Waiver of Initial Appearance and Preliminary Hearing.

         6.06 Change of Venue.

         6.07 All Applications to Be Made by Motion.

         6.08 Interactive Audiovisual Devices.

         7.01 Charge to the Grand Jury.

         7.02 Grand Jury.

         7.03 Grand Jury Not to Do Certain Things.

         7.04 Grand Jury Secrecy.

         7.05 Recalcitrant Witnesses Before Grand Jury.

         7.06 Indictments.

         7.07 Multiple Count Indictments.

         7.08 Joinder of Defendants.

         7.09 Amendment of Indictments.

         8.01 Arraignment.

         8.02 Review of Bond and Setting of Deadlines for Pretrial Motions.

         8.03 Defendant's Presence at Plea.

         8.04 Entry of Guilty Pleas, Plea Bargaining, Withdrawal of Guilty Pleas.

         8.05 Pro Se Defendants.

         9.01 Pretrial Publicity.

9.02 Trial Docket.

         9.03 Severance.

         9.04 Discovery.

         9.05 Alibi Defense Discovery.

         9.06 Competence to Stand Trial.

         9.07 Insanity Defense.

         9.08 Omnibus Hearing.

         10.01 Jury Selection.

         10.02 Jury Sequestration.

10.03 Opening and Closing Statement.

10.04 Bifurcated Trials.

10.05 New Trials.

         11.01 Sentencing.

         11.02 Presentence Investigation and Report.

         11.03 Enhancement of Punishment.

         11.04 Post-conviction Fines, Payment of Fines, and Indigents.

         11.05 Entry of Order and Duty of Clerk.

         12.01 Post-conviction Bail.

         12.02 Appeals From Justice or Municipal Court.

         12.03 Appeals From County Court.

         12.04 Writ of Certiorari.

         Appendix A.

         Sample Charge to Grand Jury.

         Checklist for Action Taken at Omnibus Hearing.

         Appendix B.

         Rule 4.07 Rule for Expedited Small Claims for Jones, Lee and Rankin County Court Only. [Omitted]

         UNIFORM CIVIL RULES OF CIRCUIT AND COUNTY COURT PRACTICE

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

         Rule 1.01

         DESIGNATION OF RULE NAME, AND PROPER CITATION, LOCATION OF RULES APPLICABLE IN ALL PROCEEDINGS

         These rules are the Uniform Civil Rules of Circuit and County Court and may be cited as "UCRCCC __. __." The word "court" shall mean both circuit and county court unless otherwise indicated. Rule Series 1, 2 and 3 of these rules apply to all proceedings, civil or criminal.

         Rule 1.02 COURT DECORUM

         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. The wearing of a robe is discretionary where court facilities make it infeasible. Each officer of the court shall be responsible for the promotion of respect for the court.

         Rule 1.03 SANCTIONS

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

         Rule 1.04 CAMERAS

         There shall be no broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions, except that the court may authorize the same in accordance with the Code of Judicial Conduct.

         Comment

         Section 3B(12) of the Code of Judicial Conduct prohibits broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto except as authorized by rule or order of the Supreme Court. The Supreme Court has now adopted the Rules for Electronic and Photographic Coverage of Judicial Proceedings which provides detailed guidance for such coverage.

         [Adopted effective April 17, 2003 as to proceedings conducted from and after July 1, 2003.]

         Rule 1.05 INFORMATION ON EACH PLEADING AND MOTION

         All pleadings, motions, or other applications to the court shall bear the name, address, and office phone number of the attorney who will try the case and, if different from the attorney who will try the case, the name, address, and office phone number of the attorney who will be prepared to argue the pleading, motion or other application.

         Rule 1.05A ASSIGNMENT OF CASES

         A. In multi-judge districts and courts, all civil cases shall be assigned immediately on the filing of the complaint by such method which shall insure that the assignment shall be random, that no discernable pattern of assignment exists, and that no person shall know to whom the case will be assigned until it has been assigned. If an attorney or party shall attempt to manipulate or defeat the purpose of this rule, the case shall be reassigned to the judge who would have otherwise received the assignment. If the judge who would have received the case under an assignment in compliance with this rule cannot be determined, a new assignment in compliance with the rule shall be made, excluding the judge to whom it was incorrectly assigned. Sanctions, including costs and attorney's fees, may be imposed by that judge on reassignment. Such sanctions may also include suspension from practice in the court imposing them for not more than 30 days and referral to the Bar for further discipline.

         B. Decisions regarding this rule shall be subject to review by the Supreme Court under M.R.A.P. 21, and appropriate stays shall be entered by the trial court to allow such review.

         C. In districts where motion days are set in advance with judges specifically assigned, preliminary procedural matters may be submitted to the judge assigned such duties, notwithstanding the fact that the case has been assigned to another judge. Furthermore, by local rule approved by the Supreme Court, the trial court may make special provisions accommodating local needs of economy and efficiency which might otherwise be at variance with this rule.

         [Adopted effective May 29, 2003.]

         Comment

         In 2002 the Legislature adopted Miss. Code Ann. § 11-1-56, which required civil case assignments to be delayed until one defendant has filed responsive pleadings. By the adoption of this rule, the Supreme Court has superceded Section 11-1-56, exercising its inherent authority to adopt rules of practice, procedure and evidence to promote justice, uniformity, and the efficiency of the courts, as articulated in Newell v. State, 308 So.2d 71 (Miss. 1975) and Hall v. State, 539 So.2d 1338 (Miss. 1989).

         The purpose of this rule is to prevent "judge shopping" within a district or a court. Although voluntary dismissal is allowed under M.R.C.P. 41 at any time prior to service by the adverse party of an answer or summary judgment, when a civil case is so dismissed and then refiled immediately thereafter with no substantial change in the parties or claims, such practice, as an example, may be taken as a wilful violation of this rule. Wilful violation of this rule may constitute an offense subject to suspension and other discipline under Rule 3.4(c) of the Rules of Professional Conduct. Sanctions authorized by this rule are cumulative to discipline under the Rules of Professional Conduct.

         The assignment of cases by regular rotation among the judges of the district is not a random assignment as contemplated by this rule since a regular rotation will allow those attentive to the docket to predict the judge who will receive a particular assignment.

         A party who believes that a case has been assigned in violation of this rule will first submit the issue to the judge before whom the case is pending; thereafter, either party aggrieved by the judge's decision on the issue may seek review of that decision by this Court under the provisions of M.R.A.P. 21.

         In some districts, local modifications, which to some degree are at variance with the strict provisions of this rule, may be made while fulfilling the policy of the rule. These modifications are to be made by local rule, on petition of the local district under M.R.C.P 83 to the Supreme Court. The order by which this Rule 1.05A was adopted provides:

It is further ordered that this new rule shall be effective upon issuance of this order; however, local practices adopted for the purpose of accommodating the needs of economy and efficiency may be continued for a period of forty-five days from the issuance of this order, and in districts wherein the judges of the district have within such period petitioned the Court under M.R.C.P. 83 for local rules seeking approval of such practices or of other practices which might otherwise be in variance to this rule, the practices may continue to be used until the Supreme Court has considered the petition.

[Comment adopted effective May 29, 2003.]

         Rule 1.06 CORPORATIONS MUST BE REPRESENTED BY COUNSEL

         All corporations that are party plaintiffs must be represented by an attorney licensed to practice law in this state, whose name must appear on the pleading prior to the filing of the pleading.

         Rule 1.07 SIGNING OF BONDS BY OFFICER OF COURT

         No officer of the court shall sign any bond of any kind in or to any court of this state.

         Rule 1.08 SUBSTITUTION OF COPIES

         Substitution of a copy for an original exhibit will be permitted only after verification of the copy by the court reporter and permission of the judge.

         Rule 1.09 COUNTY COURT USE OF CHANCERY COURT RULES

         In cases which have been assigned by the chancery court to the county court, the county court shall use the Uniform Rules of Chancery Court Practice.

         Rule 1.10 EARWIGGING PROHIBITED

         No person shall undertake to discuss with or in the presence or hearing of the judge the law or the 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 any manner, except as stated above, to influence the decision of the judge in any such case or matter.

         Rule 1.11 PRESENTATION OF ORDERS TO THE COURT

         With the exception of default or agreed orders and judgments, all proposed orders and judgments to be signed by the court shall be submitted directly to the court by an attorney and not through the clerk or through correspondence, unless otherwise permitted by the court. All orders or judgments presented to the court shall be signed by the attorney presenting the same.

         Rule 1.12 REMOVAL OF RECORDS FROM THE OFFICE OF THE CLERK

         No record, or any part of a file of court papers, shall be taken from the clerk's custody without a written order from the judge to the clerk. The clerk shall keep a register of all files checked out by permission of the court and the same shall be redelivered to the clerk on the day provided for in the order from the judge, or, if none is provided, before the opening of the next term.

         Rule 1.13 WITHDRAWAL OF COUNSEL FROM A CASE

         When an attorney makes an appearance for any party in a case, that attorney will not be allowed to withdraw as attorney for the party without the permission of the court. The attorney making the request shall give notice to his/her client and to all attorneys in the cause and certify the same to the court in writing. The court shall not permit withdrawal without prior notice to his/her client and all attorneys of record.

         Rule 1.14 LOCAL PRACTICE

         Attorneys having cases or practicing before a court shall contact the clerk of the court to ascertain the practices of the local courts. There will be no local rules of court unless such rules are approved by the Supreme Court of Mississippi.

         Rule 1.15 MOTIONS FOR RECUSAL OF JUDGES

         Any party may move for the recusal of a judge of the circuit or county court if it appears that the judge's impartiality might be questioned by a reasonable person knowing all the circumstances, or for other grounds provided in the Code of Judicial Conduct or otherwise as provided by law. A motion seeking recusal shall be filed with an affidavit of the party or the party's attorney setting forth the factual basis underlying the asserted grounds for recusal and declaring that the motion is filed in good faith and that the affiant truly believes the facts underlying the grounds stated to be true. Such motion shall, in the first instance, be filed with the judge who is the subject of the motion within 30 days following notification to the parties of the name of the judge assigned to the case; or, if it is based upon facts which could not reasonably have been known to the filing party within such time, it shall be filed within 30 days after the filing party could reasonably discover the facts underlying the grounds asserted. The subject judge shall consider and rule on the motion within 30 days of the filing of the motion, with hearing if necessary. If a hearing is held, it shall be on the record in open court. The denial of a motion to recuse is subject to review by the Supreme Court on motion of the party filing the motion as provided in M.R.A.P. 48B.

         [Adopted April 4, 2002.]

         Rule 1.16 ELECTRONIC FILING AND SERVICE PROCEDURES

         A court may, by local rule, allow pleadings and other papers to be served, filed, signed, or verified by electronic means in conformity with the Mississippi Electronic Court System procedures. Pleadings and other papers filed electronically in compliance with the procedures are written papers for purposes of these rules. Please refer to the Administrative Procedures for Mississippi Electronic Court System on the Supreme Court's website at www.mssc.state.ms.us

         [Adopted effective January 8, 2009, for purposes of a pilot program for the Mississippi Electronic Court System.]

         Rule 2.01 SUBPOENAS

         A. Except as set forth below, Tthe procedures for subpoenas in both civil and criminal matters shall conform to Rule 45 of the Mississippi Rules of Civil Procedure. This rule shall not apply to proceedings before a grand jury.

         B. Subpoenas Duces Tecum in Criminal Cases for Production at Trial or Hearing. A subpoena in a criminal case may, without a motion or hearing, require the production of books, papers, documents or other objects at the date, time and place at which the trial, hearing or proceeding at which these items are to be offered in evidence is scheduled to take place.

         C. 1. Subpoenas Duces Tecum in Criminal Cases for Production other than at Trial or Hearing. No subpoena in a criminal case may require the production of books, papers, documents or other objects at a date and time or place other than the date, time and place at which the trial, hearing or proceeding at which these items are to be offered in evidence is scheduled to take place, unless the court has entered an order pursuant to this rule authorizing the issuance of such subpoena.

2. Motions; Service; Opposition. A hearing on a motion for the issuance of a subpoena duces tecum shall be set at the time the motion is filed and served. The hearing shall be set no earlier than ten (10) days after filing and service of the motion. Except for good cause shown, all motions for subpoenas duces tecum shall be served on: (1) the custodian of the books, papers, documents or other objects which would be subject to the subpoena; (2) all parties; (3) all persons whose books, papers, documents or other objects would be subject to the subpoena; and (4) all persons who may have a claim that privileged material would be subject to the subpoena. Any party to the action or other interested person may file an opposition or response.
3. Supporting Affidavit or Declaration. Motions seeking subpoenas duces tecum under this rule shall be supported by an affidavit or declaration stating facts which establish: (1) the documents or objects sought are evidentiary and relevant; (2) the documents or objects sought are not otherwise reasonably procurable in advance of the trial, hearing or proceeding by exercise of due diligence; (3) the moving party cannot properly prepare for trial without such production and inspection in advance of trial and the failure to obtain such inspection may tend unreasonably to delay the trial; and (4) the application is made in good faith and is not intended for the purpose of general discovery.
4.Immediate Lodging with Court. Any subpoena duces tecum issued under this subsection shall be returnable to and the items sought thereunder produced before the court. In the event that materials subject to a subpoena are received by a party, an attorney, or an attorney's agent or investigator directly from the subpoenaed person, any person receiving such materials shall immediately notify the court and shall immediately lodge such materials with the court. The materials shall not be opened, reviewed or copied by a recipient without a prior court order.

         D. Sanctions. Violation of this rule may provide a basis for sanctions.

         [Adopted effective May 1, 1995; amended April 18, 2002; July 1, 2017.]

         Rule 2.02 SCOPE OF AUTHORITY OF COURT

         The court is empowered to hear and determine all motions, appeals or other applications to the court, which the court may hear and determine without a jury, in term or vacation, and may hear or determine the same in any county in the judicial district of the court, or in a county to which venue has been transferred.

         Rule 2.03 RESCHEDULING TRIALS

         No case set for trial shall be continued or rescheduled for trial except by permission of the court.

         Rule 2.04 DUTIES OF MOVANT

         It is the duty of the movant, when a motion or other pleading is filed, including motions for a new trial, to pursue said motion to hearing and decision by the court. Failure to pursue a pretrial motion to hearing and decision before trial is deemed an abandonment of that motion; however, said motion may be heard after the commencement of trial in the discretion of the court.

         Rule 2.05 TRIAL BRIEFS

         Unless otherwise directed by the court, the submission of a trial brief on the merits of a case or particular issues is within the discretion of the parties. A copy of any such brief submitted shall be simultaneously served upon opposing attorneys. No memorandum or brief required or permitted by this rule shall be filed with the clerk. Memorandum or briefs shall not exceed 25 pages in length and shall be accompanied by copies of all authorities cited therein.

         Rule 2.06 SERVICE OF COPIES AND CERTIFICATE OF SERVICE

         Unless otherwise ordered by the court, all pleadings, motions, or applications to the court, except the initial pleading or indictment, must be served by any form of service authorized by Rule 5 of the Mississippi Rules of Civil Procedure on all attorneys of record for the parties, or on the parties when not represented by an attorney, and the person filing the same shall also file an original certificate of service certifying that a correct copy has been provided to the attorneys or to the parties, the manner of service, and to whom it was served. Except as allowed by this rule or allowed by the court for good cause shown, the clerk may not accept for filing any document which is not accompanied by a certificate of service.

         Rule 2.07

         HABEAS CORPUS IN PRECONVICTION AND EXTRADITION MATTERS

         A. Habeas Corpus in Cases Other Than Post-Conviction and Extradition

         1. The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his/her liberty, or by which rightful custody of the person is withheld from the person entitled thereto.

         2. If the person for which habeas relief is sought is charged with a crime in this state for which the accused may be imprisoned or confined to jail, and the accused is indigent and makes an affidavit of indigence, then the court shall appoint an attorney, if one has not already been appointed. The court may appoint an attorney for an indigent seeking relief hereunder even though the indigent has not been formally charged with a crime in this state.

         3. The proceedings and judgments shall in all cases be entered on record.

         4. The motion for the writ of habeas corpus shall be in writing, sworn to and signed by the person for whose relief it is intended, or by someone on his/her behalf, and shall contain the following matters:

a. A description of where and by whom the movant is deprived of his/her liberty;
b. The facts and circumstances of the restraint;
c. The form of the relief sought;
d. The grounds upon which relief is sought; and
e. If desired, a request for a copy of transcripts of any prior proceeding if the movant qualifies as an indigent under § 99-15-15 of the Mississippi Code of 1972, specifying what portions are necessary to decide the issues, and why they are necessary.

         5. The motion for writ of habeas corpus shall be filed with the clerk of any court of competent jurisdiction of the county where the movant is detained. The proper respondent and, in cases where the person for whom habeas relief is sought is charged with a crime, the prosecuting attorney must receive three (3) days written notice, with a copy of the motion attached, prior to any hearing or consideration by the court. Such three (3) day notice may be waived for grounds sufficiently urgent and necessary to due process and the grounds therefore shall be found by the court and made a part of the record. If no court has entertained any proceeding on the movant's matter, excepting bond, the motion for habeas corpus shall be filed with the clerk of the circuit court in the county in which the movant is detained.

         6. The court shall give preliminary consideration of the motion for the writ of habeas corpus as follows:

a. The motion shall be examined promptly by the judge of the court in which the motion is filed.
b. If the motion, upon examination, does not substantially comply with the requirements of this rule, it need not be entertained on its merits and the clerk shall so notify the movant.
c. If, from the showing made by the motion, it is manifest that the person on whose behalf it is presented is not entitled to any relief, the court can refuse to grant the writ and enter an appropriate order.
d. Upon granting the writ, the court shall order the respondent to file an answer within a reasonable time and in an appropriate court.
e. Upon granting the writ, the court shall also order the respondent to bring or cause to bring the person for whom habeas relief is sought before the court at the time and place of the hearing on the writ.
f. If the movant requests transcripts of any prior proceeding and the movant qualifies as an indigent as under § 99-15-15 of the Mississippi Code of 1972, the judge shall order the portions of the transcripts the court deems necessary to the issues to be made available to the movant within a reasonable time before the date of the hearing on the writ.

         7. The respondent upon whom the writ of habeas corpus is served shall file a response in writing. The response shall be filed by the date and in the court designated in the writ of habeas corpus and a copy served as provided in these rules. The response must respond to all the allegations of the motion including the following matters: a. Whether the respondent has or has not the person in custody or power or restraint.

b. If the respondent does have the movant in custody or power or restraint, the respondent shall state the authority and cause of the restraint.
c. If the movant is restrained by virtue of any writ, warrant, or other written authority a copy of such shall be attached to the answer.
d. If the respondent has had the movant in restraint at any time prior to or subsequent to the date on the writ of habeas corpus, but such person has escaped or been transferred to the custody of another, a description of the escape or if transfer, the time, place, for what cause, and by what authority such transfer took place.

         8. A party shall be entitled to invoke the processes of discovery available under the Mississippi Rules of Civil Procedure, if and to the extent that the court, in the exercise of its discretion and for good cause shown, grants leave to do so, but not otherwise.

         9. Upon a hearing of the matter:

a. The court shall either discharge, or commit, or admit to bail, or remand the movant or award custody to the party entitled thereto as the law and the evidence shall require. The court may make any temporary order in the cause during the progress of the proceeding that justice may require.
b. The order rendered by the court shall be conclusive until reversed and shall be a bar to another writ of habeas corpus in the same cause, except by appeal or civil action for false imprisonment.

         B. Habeas Corpus in Extradition Matters

         1. The motion for the writ of habeas corpus in extradition matters shall be in writing, sworn to and signed by the person for whose relief it is intended, or by someone in his/her behalf, and shall contain the following matters:

a. A description of where and by whom the movant is deprived of liberty;
b. The facts and circumstances of the restraint;
c. The form of the relief sought; and
d. The grounds upon which relief is sought, which is limited to those areas specified in subsection six (6) below.

         2. Upon issuance of the rendition warrant by the proper authorities of the State of Mississippi, the person detained thereunder shall not be entitled to bond.

         3. If no court has entertained any proceeding on the movant's matter, excepting bond or the denial of bond, the motion for habeas corpus shall be filed with the clerk of the circuit court in the county in which the movant is detained.

         4. The court shall give preliminary consideration of the motion for the writ of habeas corpus as follows:

a. The motion shall be examined promptly by the judge of the court in which the motion is filed.
b. If the motion, upon examination, does not substantially comply with the requirements of this rule, it need not be entertained on its merits and the clerk shall so notify the movant.
c. If, from the showing made by the motion, it is manifest that the person whom, or on whose behalf, it is presented is not entitled to any relief, the court can refuse to grant the writ and enter an appropriate order.
d. Upon granting the writ the court shall order the respondent to file an answer within a reasonable time and in an appropriate court.
e. Upon granting the writ the court shall also order the respondent to bring or cause to bring the movant before the court at the time and place of the hearing on the writ.
f. The Attorney General of Mississippi must receive three days written notice, with a copy of the motion for habeas corpus attached, prior to any hearing or consideration by the court.

         5. The respondent upon whom the writ of habeas corpus is served shall file a response in writing. The response shall be filed by the date and in the court designated in the writ of habeas corpus and a copy served as provided in these rules. The response must respond to all the allegations of the motion including the following matters:

a. Whether the respondent has or has not the movant in custody or power or restraint.
b. If the respondent does have the movant in custody or power or restraint, the respondent shall state the authority and cause of the restraint.
c. If the movant is restrained by virtue of any writ, warrant, or other written authority a copy of such shall be attached to the answer.
d. If the respondent has had the movant in restraint at any time prior to or subsequent to the date on the writ of habeas corpus, but such person has escaped or been transferred to the custody of another, a description of the escape or if transfer, the time, place, for what cause, and by what authority such transfer took place.

         6. The hearing before the court shall be a limited hearing and the court may inquire only into:

a. Whether the extradition documents on their face are in order;
b. Whether the movant for habeas relief has been charged with a crime in the demanding state;
c. Whether the movant is the person named in the request for extradition; and
d. Whether the movant for habeas relief is a fugitive.

         The introduction into evidence of the rendition warrant issued by the proper official of the State of Mississippi creates a presumption that all the requirements for extradition have been met and constitutes a prima facie case for the state.

         7. Extradition is a civil matter and does not entitle the subject of extradition to a court appointed attorney if the subject is indigent.

         Rule 3.01

         PROMPT ATTENDANCE AND INFORMING COURT OF PRESENCE OF EXPERT WITNESSES

         Every person whose presence is required for the conduct of the business of the court shall be prompt in attendance. Any attorney or party who subpoenas an expert witness to testify shall inform the court of the presence of such witness at the time of such witness' initial appearance.

         Rule 3.02

         CONDUCT OF ATTORNEYS

         Attorneys should manifest an attitude of professional respect toward the judge, the opposing attorney, witnesses, defendants, jurors, and others in the courtroom. In the courtroom, attorneys should not engage in behavior or tactics purposely calculated to irritate or annoy the opposing attorney and shall address the court, not the opposing attorney, on all matters relating to the case.

         All objections to testimony must be made to the judge and not to the opposing attorney. The objection must be specific and not general. The attorneys will not be permitted to argue between themselves. Attorneys must stand when addressing the court, examining witnesses, and addressing the jury, except when excused for good cause by the court. Attorneys may direct remarks to the jury panel only during voir dire, opening and closing statements.

         Attorneys must limit themselves to asking questions and must refrain from making statements, quips, or side remarks in an examination of a witness. The examination of witnesses will be conducted fairly and objectively, with the attorneys and witnesses displaying respect and courtesy to each other. The attorneys may not ask questions merely to embarrass or humiliate the witness. No more than one attorney per party shall be allowed to examine a witness.

         In opening statements, and in closing arguments, the attorneys may not attack the opposing attorney. The attorneys may not call any juror by name, or have any personal contact with the jury whatsoever, nor attempt to converse with or solicit audible answers from the jurors individually. In the argument to the jury, the attorneys will be required to keep within proper bounds, and any attempt to inject improper matter may be stopped by the court without the necessity of an objection. The attorneys will refrain from thanking the jury for acting as jurors and after return of a verdict by the jury neither the attorneys, parties, nor spectators shall offer their congratulations, thanks or condemnation to the jury for the verdict returned.

         After a verdict concerning the case, attorneys are prohibited from harassing or exhibiting disrespect for the jurors. The jurors shall be instructed by the court to report any harassment or objectionable conduct from any party, attorney, or representative of any party or attorney to the court immediately.

         It is the duty of the court to enforce this rule of its own motion and without objection being made, but the court's failure to do so, where there is no objection made, will not constitute a ground for exception.

         Rule 3.03

         NUMBER OF PETIT JURORS SUMMONED; CIRCUIT AND COUNTY AND EMINENT DOMAIN COURT MAY USE SAME VENIRE

         The court may direct the clerk of court concerning the number of petit jurors needed to be summoned for jury duty. The circuit and county court may employ the same jury venire in the selection of petit juries. Special Courts of Eminent Domain may employ the jury venire of either county or circuit court in the selection of petit juries, or may direct the clerk of court concerning the number of petit jurors needed to be summoned for jury duty.

         Rule 3.04 COMMUNICATION WITH JURY

         Except as provided by these rules, no person or attorney for the person involved in any case may communicate with or offer any favor, however slight, to any person on the jury venire.

         Rule 3.05 VOIR DIRE

         In the voir dire examination of jurors, the attorney will question the entire venire only on matters not inquired into by the court. Individual jurors may be examined only when proper to inquire as to answers given or for other good cause allowed by the court. No hypothetical questions requiring any juror to pledge a particular verdict will be asked. Attorneys will not offer an opinion on the law. The court may set a reasonable time limit for voir dire.

         Rule 3.06 CONDUCT OF JURORS

         Jurors are not permitted to mix and mingle with the attorneys, parties, witnesses and spectators in the courtroom, corridors, or restrooms in the courthouse. The court must instruct jurors that they are to avoid all contacts with the attorneys, parties, witnesses or spectators.

         Rule 3.07 ...


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.