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In re Mississippi Rules of Appellate Procedure

Supreme Court of Mississippi

October 17, 2018

IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE

          ORDER

          JOSIAH DENNIS COLEMAN, JUSTICE.

         Now before the en banc Court is F. M. Turner III's letter motion proposing amendments to Rules 27, 28, 30, 31, 32, and 40 of the Mississippi Rules of Appellate Procedure.

         Turner proposes amending Rules 27, 28, 30, 31, 32, and 40 to conform with electronic filing. After posting the proposal for comment, the Court's Rules Committee on Civil Practice and Procedure referred it to the Advisory Committee on Rules. The Advisory Committee's recommendations are now before us.

         After due consideration, we find Rules 1, 25, 27, 28, 30, 31, 32, and 40 of the Mississippi Rules of Appellate Procedure, and certain comments to those rules, should be amended as set forth in the attached Exhibit A.

         IT IS THEREFORE ORDERED that Rules 1, 25, 27, 28, 30, 31, 32, and 40 of the Mississippi Rules of Appellate Procedure, and certain comments to those rules, are amended as set forth in the attached Exhibit A. The amendments are effective upon entry of this order.

         SO ORDERED.

         Exhibit A

         RULE 1. SCOPE OF RULES

         These rules govern procedure in appeals to the Supreme Court of Mississippi and the Court of Appeals of the State of Mississippi, and proceedings on petitions for writs or other relief which the Supreme Court or the Court of Appeals or a justice of the Supreme Court or judge of the Court of Appeals is empowered to grant. When these rules provide for the making of a motion in the trial court, the procedure for making such motion shall be in accordance with the practice of the trial court.

         Comment

         Electronic filing in most appellate matters became mandatory on January 1, 2014. Under Section 1.D. of the Appellate E-Filing Administrative Procedures, "all briefs, motions, responses, and compliance documents . . . must be filed electronically." Section 4 exempts sealed and confidential cases, pro se litigants, and documents other than briefs, motions, responses and compliance documents, all of which must be filed conventionally.

         RULE 25. FILING AND SERVICE

         (a) Filing. Papers required or permitted to be filed shall be filed with the clerk of the Supreme Court and no motion, brief, motion for rehearing or other document, or any copy shall be sent by an attorney directly to any individual justice except as provided in Rule 8(c). Filing may be accomplished by mail addressed to the clerk or by electronic means in conformity with procedures established by the Court

         (1) Electronic Filing. Electronic filing is governed by the Appellate E-Filing Administrative Procedures.

         (2)Conventional Filing. Conventional filing may be accomplished by mail addressed to the clerk, but filing shall not be timely unless the papers are received by the clerk within the time fixed for filing, except that briefs and record excerpts shall be deemed filed on the day of mailing by first class mail with postage prepaid, or any more expeditious form of delivery. For briefs and record excerpts to be deemed filed on the day of mailing, they must be accompanied by a certificate signed by the person who will actually mail the brief or record excerpt. The certificate shall specify the document filed, the number of copies filed, and the date the paper will be deposited ...


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