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 has come before the Court, en banc, on its own motion for consideration of amendments to
Mississippi Rules of Appellate Procedure, Rule 27. Having considered the matter, the Court finds that the
interest of the fair and efficient administration of justice will be served by the adoption of the proposed
amendments as set forth in Exhibit "A" hereto.
IT IS THEREFORE ORDERED that Rule 27 of the Mississippi Rules of Appellate Procedure be and the
same is amended as set forth in Exhibit "A" hereto.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the
Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next
edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi
Edition).
SO ORDERED, this the 25th day of October, 2000.
/s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR., JUSTICE, FOR THE COURT
SMITH AND DIAZ, JJ., NOT PARTICIPATING
McRAE, J., WOULD DENY
EXHIBIT "A" TO ORDER
AMENDMENT OF M.R.A.P. 27
RULE 27. MOTIONS
....
(f) Motions Proposing Adoption, Repeal, or Amendment of Rules of Court and Rules Governing the
Practice of Law. All applications concerning the adoption, repeal, or amendment of the Mississippi Rules of
Civil Procedure, Rules of Evidence, Rules of Appellate Procedure, Uniform Circuit and County Court
Rules, Uniform Chancery Court Rules, Uniform Rules of Procedure for Justice Court, Code of Judicial
Conduct, Rules of the Commission on Judicial Performance, Rules and Regulations for Mandatory
Continuing Judicial Education, Rules of Professional Conduct, Rules of Discipline for the Mississippi Bar,
Rules and Regulations for Mandatory Continuing Legal Education, Rules Governing Admission to the
Mississippi Bar, and all other rules affecting the practice of law and the administration of the courts in
Mississippi shall be filed in the Supreme Court. Such motions shall comply with all other requirements of the
Mississippi Rules of Appellate Procedure; specifically, four (4) copies shall be filed with the original, but the
Supreme Court may require that additional copies be furnished. No notice or response to such motion shall
be required, except as may be required by the Court, but the Court may in its discretion submit any rules
motion to the Supreme Court Rules Advisory Committee, or any other source, for review and comment.
Upon receipt of requests or petitions for adoption or amendment of rules governing the practice of law,
including Rules of Professional Conduct, Rules of Discipline for the Mississippi Bar, Rules and Regulations
for Mandatory Continuing Legal Education, Rules Governing Admission to the Mississippi Bar, the Clerk of
the Supreme Court shall publish the proposal or request on the Supreme Court's Internet site, and invite
comment thereon. No action shall be taken by the Supreme Court on such proposal or request for a period
of thirty(30) days following the commencement of such publication, and all comments received shall be
considered; however, the Court may dispense with such publication and comment in the event that the
Court deems the urgency of the proposal or request prohibitive to the delay needed for publication and
comment.
(g) Motions Regarding the Setting of Term and Assigning of Causes in the Trial Courts. Orders
entered and other actions in the chancery and circuit courts setting terms of court and assigning causes and
dockets under Miss. Code Ann. § 9-5-3 and § 9-7-3 are subject to review by the Supreme Court on
petition of any judge of the district wherein such orders have been entered or such action has been taken.
The setting of terms and assigning of causes and dockets in the chancery and circuit courts shall be done
fairly considering the relative work loads of the judges and the right of litigants within the district to fair and
reasonable access to all of the judicial officers as well as reasonable accommodation of the requests and
needs of all judges within the district. Further, the assignment of cases and dockets shall be done through a
systematic plan recognizing the criteria set out herein.
(gh) Rehearing on Motions Prohibited. Except as provided in Rule 2(c) and Rule 27(b), decisions of the
Supreme Court and the Court of Appeals on motions or petitions shall be subject to rehearing,
reconsideration, vacation or modification only on the Court's own motion.
[Amended effective January 1, 1999; amended July 1, 1999; amended effective August 26, 1999;
Amended November 2, 2000.]
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