DENNIS COLEMAN, JUSTICE.
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.
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
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.
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.
1. SCOPE OF RULES
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.
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.
25. FILING AND SERVICE
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
Electronic Filing. Electronic filing is governed by the
Appellate E-Filing Administrative Procedures.
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 ...