Rules v. Appellate Procedure
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IN THE SUPREME COURT OF MISSISSIPPI
NO. 89-R-99027 SCT
IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE
ORDER
This matter is today before the Court, en banc, on its own motion. It has been brought to the
attention of the Court that, although the pleading former designated a petition for rehearing has
throughout the rules been redesignated a motion for rehearing, Rule 32(b) of the Mississippi Rules of
Appellate Procedure continues to use the former reference.
IT IS, THEREFORE, ORDERED that M.R.A.P. 32(b) be and the same is hereby amended,
substituting in the place of the phrase "petition for rehearing," the words "motion for rehearing."
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon
the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing
Company for publication as soon as practical in the advance sheets of Southern Reporter, Second
Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court.
SO ORDERED, this, the __________ day of September, 1997.
______________________________________
MICHAEL SULLIVAN, PRESIDING JUSTICE
FOR THE COURT
LEE, C.J. WOULD DENY.
IN THE SUPREME COURT OF MISSISSIPPI
NO. 89-R-99027 SCT
IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE
ORDER
This matter is today before the Court, en banc, on its own motion. It has been brought to the
attention of the Court that Rule 41(d) of the Mississippi Rules of Appellate Procedure makes an
incorrect reference to Rule 41(b) as governing the issuance of mandates in criminal cases. This
reference should be to Rule 41(c).
IT IS, THEREFORE ORDERED that M.R.A.P. 41(d) be and the same is hereby amended to
substitute in the place of the phrase "Rule 41(b)" the words "Rule 41(c).
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon
the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing
Company for publication as soon as practical in the advance sheets of Southern Reporter, Second
Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court.
SO ORDERED, this, the __________ day of September, 1997.
______________________________________
MICHAEL SULLIVAN, PRESIDING JUSTICE
FOR THE COURT
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