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In re Mississippi Rules of Appellate Procedure

Supreme Court of Mississippi

August 30, 2017

IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE

          ORDER

          MICHAEL K. RANDOLPH, PRESIDING JUSTICE

         This matter is before the en banc Court on the Court's own motion.

         After due consideration, we find that Rule 11 of the Mississippi Rules of Appellate Procedure should be amended to allow trial court clerks to transfer exhibits electronically.

         IT IS THEREFORE ORDERED that Rule 11 of the Mississippi Rules of Appellate Procedure is amended as set forth in the attached Exhibit A. The amendments will be effective October 2, 2017.

         IT IS FURTHER ORDERED that the Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court.

         SO ORDERED, this the 30th day of August, 2017.

         ALL JUSTICES AGREE.

         Exhibit A

         RULE 11. COMPLETION AND TRANSMISSION OF THE RECORD

         . . .

         (d) Duty of Trial Court Clerk to Prepare and Transmit Record.

         (1) Clerk's Preparation of Record. Upon the appellant's compliance with subparagraph (b)(1) and service of the designation required by Rule 10(b)(1), the trial court clerk shall assemble the record as follows: i. Clerk's Papers.

(a) Conventional. A certified copy of the docket entries prepared by the clerk of the trial court shall be followed by a legible photocopy of any papers filed with the clerk and designated by the parties and a cost bill for the preparation of the record indicating costs for the trial court clerk and court reporter and the Supreme Court filing fee. Within 30 days, the clerk shall assemble the papers in the order of filing, number each page consecutively at the bottom, and transmit a list of the papers correspondingly numbered and identified with reasonable definiteness. All jury instructions shall be placed in the record with court instructions first, instructions given to plaintiff second, instructions refused plaintiff third, instructions given to defendant fourth, and instructions refused defendant fifth.
The trial court clerk shall separate the clerk's papers into volumes of no more than 150 pages for fastening. The clerk shall fasten the clerk's papers on the top and provide suitable covers for each volume. Each volume of clerk's papers shall be bound in a brown binder and the outside of each ...

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