Rules v. Appellate Procedure
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4/17/97
IN THE SUPREME COURT OF MISSISSIPPI
89-R-99027 SCT
IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE
ORDER
This matter has come before the Court sitting en banc upon the Supreme Court Rules Advisory
Committee's Petition to Adopt Historical Notes. The Court having considered the petition, does find
that, such historical notes should be adopted as proposed.
IT IS THEREFORE ORDERED that those historical notes to the Mississippi Rules of Appellate
Procedure as set forth in Exhibit A hereto be and the same are hereby adopted, effective from and
after July 1, 1997.
IT IS FURTHER ORDERED that this Court expresses its sincere gratitude to the Supreme Court
Rules Advisory Committee for their continuing diligent, scholarly and professional efforts in advising
and assisting the Court in the study and improvement of the Rules of Appellate Procedure as well as
the other rules of the courts in this state.
IT IS FURTHER ORDERED that the Clerk of the Court is directed to spread this Order upon the
minutes of the Court and to forthwith forward a certified copy thereof to West Publishing Company
for publication in The Mississippi Rules of Court and in the advance sheets of the Southern Reporter
(Mississippi Edition).
SO ORDERED, this, the __________ day of April, 1997.
_______________________________________
MICHAEL SULLIVAN, PRESIDING JUSTICE
FOR THE COURT
EXHIBIT A
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 3]
Effective June 21, 1996, Rule 3(d) was amended to require the clerk of the trial court to transmit the
Civil Case Filing Form or the Notice of Criminal Disposition Form to the clerk of the Supreme Court.
______ So.2d ______ (West Miss. Cases 1996).
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 15]
Effective June 14, 1996, Rules 15(a) and (c) were amended to provide that failure to timely file an
application for a writ of mandamus will not result in dismissal when the failure is caused by excusable
neglect and dismissal will result in manifest injustice. ______ So.2d ______ (West Miss. Cases 1996)
.
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 17]
Effective September 25, 1995, Rule 17(b) was amended to make clear that the time for filing a
petition for writ of certiorari begins to run with the entry of the judgment of the Court of Appeals on
the required petition for rehearing, and to effect unrelated technical changes. 660-662 So.2d
LXXXIII (West Miss. Cases 1995).
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 28]
Effective December 28, 1995, Rule 28(m) and a new final paragraph to the Comment were added to
encourage the filing of disk copies of briefs. 663-667 So.2d XXVII (West Miss. Cases 1995).
ADVISORY COMMITTEE HISTORICAL NOTE [APPENDIX III]
Effective May 13, 1996, Appendix III, Section II was amended to add subsection (c). 668-672 So.2d
XXXIII-XXXIV (West Miss. Cases 1996).
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 3]
Effective June 21, 1996, Rule 3(d) was amended to require the clerk of the trial court to transmit the
Civil Case Filing Form or the Notice of Criminal Disposition Form to the clerk of the Supreme Court.
______ So.2d ______ (West Miss. Cases 1996).
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 15]
Effective June 14, 1996, Rules 15(a) and (c) were amended to provide that failure to timely file an
application for a writ of mandamus will not result in dismissal when the failure is caused by excusable
neglect and dismissal will result in manifest injustice. ______ So.2d ______ (West Miss. Cases 1996)
.
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 17]
Effective September 25, 1995, Rule 17(b) was amended to make clear that the time for filing a
petition for writ of certiorari begins to run with the entry of the judgment of the Court of Appeals on
the required petition for rehearing, and to effect unrelated technical changes. 660-662 So.2d
LXXXIII (West Miss. Cases 1995).
ADVISORY COMMITTEE HISTORICAL NOTE [RULE 28]
Effective December 28, 1995, Rule 28(m) and a new final paragraph to the Comment were added to
encourage the filing of disk copies of briefs. 663-667 So.2d XXVII (West Miss. Cases 1995).
ADVISORY COMMITTEE HISTORICAL NOTE [APPENDIX III]
Effective May 13, 1996, Appendix III, Section II was amended to add subsection (c). 668-672 So.2d
XXXIII-XXXIV (West Miss. Cases 1996).
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