In Re: Local Rules
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Serial: 132179
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99015-SCT
IN RE: LOCAL RULES OF THE FOURTH
CIRCUIT COURT DISTRICT OF MISSISSIPPI
ORDER
This matter is before the Court en banc on the Petition To Rescind Local Rules filed
by the Honorable Betty W. Sanders of the Fourth Circuit Court District. The Fourth Circuit
Court District requests that the existing local rules be rescinded and replaced with a new set
of local rules. The Fourth Circuit Court District also seeks approval of the proposed new
local rules. The proposed new local rules are attached as Exhibit A.
Having considered the petition, the Court finds that the new local rules will promote
the fair and efficient administration of justice and that the petition should be granted.
IT IS THEREFORE ORDERED that the Petition to Rescind the Local Rules of the
Fourth Circuit Court District and approval of the proposed new local rules is hereby granted.
The new local rules, attached as Exhibit A, shall supersede and replace any and all former
local rules of the Fourth Circuit District Court.
IT IS FURTHER ORDERED that the Clerk of this Court shall record 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). The Clerk shall also forward a copy of the
new local rules as set forth in Exhibit A attached hereto to West Publishing Company for
publication in the Mississippi Rules of Court.
SO ORDERED, this the 22nd day of May, 2006.
/s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR., PRESIDING JUSTICE
EXHIBIT A
LOCAL RULES
FOR
FOURTH CIRCUIT COURT DISTRICT OF MISSISSIPPI
[Renumbered and codified by order of the Supreme Court effective May 25, 2006.]
RULE 1. ASSIGNMENT OF CASES
(a) All Civil Cases filed after May 25, 2006 in the Circuit Court of this District shall
be assigned promptly after filing by the Senior Circuit Judge or their designee on a random
basis that will assure the equal distribution of cases between the four judges so that no
discernible pattern of assignment exists and that no person shall know to whom the case will
be assigned until such time as this has been accomplished.
(b) The Circuit Clerk of each of the counties of this district shall promptly mail to the
Senior Circuit Judge or their designee a notice of the filing of all Civil Cases by use of a form
made available by the Administrative Office of Courts. Process shall issue for Defendant
upon the filing of the complaint in accordance with Rule 4, MRCP.
(c) After the cases have been randomly assigned, a number shall then be assigned to
each case and summons issued bearing the appropriate designation of a judge as follows: The
year in which the case is filed followed by the next sequential number followed in parenthesis
by the initials of the name of the assigned judge: (BWS) for Sanders; (H) for Hines; (CMC)
for Carey-McCray; and (RS) for Smith. Example: 2006-001CI(BWS).
(d) An original and one copy of the complaint and answer and any subsequent filing
shall be filed with the Clerk, and said copies shall be forwarded by the Clerk to the judge to
whom the case has been assigned.
(e) (1) A party filing an appeal from a county court or an administrative agency shall
have 40 days from the date the record is filed with the clerk to file the Appellant’s Brief.
Appellee shall have 30 days from the date on which Appellant’s Brief is due to file a Reply
Brief. Appellant shall file any Rebuttal Brief within 14 days after the filing of Appellee’s
Reply Brief.
(2) The clerk shall keep track of all appeals and shall promptly transmit copies of the
original Briefs to the judge to whom the case is assigned.
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(3) Appellant’s Brief and Appellee’s Reply Brief shall not exceed fifteen (15) pages
of 8-1/2 x 11" paper. Appellant’s Rebuttal Brief shall not exceed five (5) pages.
(4) Any requests for extension of time shall be made in writing to the judge to whom
the case is assigned. Extensions of time shall be granted only upon written order of the Court.
RULE 2. TRIAL SETTINGS
(a) All Civil Cases shall be assigned by computer generated random assignment of
judges based on pre-set percentages.
(b) Civil matters assigned in accordance with Rule 1(a) and Rule 2(a) will be
scheduled for trial by agreement of counsel, in term time or otherwise, to insure the rapid
disposition of the cases in accordance with the rules of discovery and time standards.
(c) Criminal cases are randomly assigned after arraignment. A docket is published
by each Court Administrator setting the cases for trial.
(d) Both Civil and Criminal Dockets shall be approved by the responsible judge
before finally prepared and promulgated.
(e) If any attorney has a conflict, counsel must immediately notify the court
administrator.
(f) In the event the Court Administrator is unable to resolve any conflict between
attorneys in civil matters and between the defense attorney and the District Attorney in
criminal matters, the respective judge shall resolve the conflict and set the case for trial.
RULE 3. SCHEDULING ORDER
(a) Within 30 days after issue is joined in a case, but no later than 60 days after the
complaint is filed, counsel are required to present to the Court a proposed Scheduling Order,
in the form attached hereto, setting forth deadlines for the joining of other parties and
amending the pleadings; service of motions; and the completion of discovery. If more than
90 days discovery time is requested, the proposed Order should be accompanied by an
explanation of the necessity for the protracted period. The proposed Order shall provide that
motions to add parties or to amend the pleadings must be served no more than 30 days after
the date of the Scheduling Order. All counsel are required to make a realistic estimate of the
time needed for discovery but all requested periods of discovery shall remain under the
supervision of the Court, and lengthened or shortened as the case dictates, and the Court shall
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enter a Scheduling Order accordingly. In the event counsel are unable to agree upon the
terms of the Scheduling Order or fail to submit a proposed order to the Court within the time
required by this paragraph, discovery shall be limited to the time provided in the Mississippi
Rules of Civil Procedure. Extensions of deadlines will be granted by the Court only upon a
showing of good cause.
(b) Upon completion of discovery and the filing of a Pretrial Order, in the form
attached hereto, a case shall be scheduled for trial.
(c) A request for a pretrial conference may be made by any party after completion of
discovery and prior to the filing of the Pretrial Order.
RULE 4: MOTION PRACTICE
(a) Applicability. The provisions of this rule apply to all written motions filed in
civil actions.
(b) Filing; Proposed Orders. The original of each motion, and all affidavits and
other supporting documents shall be filed with the Clerk where the action is filed. The
moving party at the same time shall mail two (2) copies thereof to the Judge presiding in the
action at their home office mailing address.
A proposed Order shall accompany the court's copy of all motions not agreed to, the
moving party shall submit two (2) orders, one(1) granting the motion and another denying the
motion.
(c) Responses. The original of any response to the motion, all opposing affidavits,
and other supporting documents shall be filed with the Clerk where the action is filed and any
response to the motion and all objections shall be filed and copies distributed as provided in
Paragraph (b) of this rule.
(d) Memoranda; Documents Required With Motions to Dismiss or for Summary
Judgment; Failure to Submit Required Documents. At the time the motion is served,
other than motions or applications which may be heard ex parte or those involving necessitous or urgent matters, counsel for movant shall mail to the Judge the original memorandum
of authorities upon which he relies and pertinent portions of the pleadings filed in the case.
Counsel for respondent shall submit the original memorandum of authorities in reply
including any affidavits, etc., in response to motions for summary judgment and shall do so
within ten (10) days after service of movant's memorandum. Counsel for movant desiring to
submit a rebuttal memorandum may do so within five (5) days after the service of the
respondent's memorandum. Any requests for extension of time shall be made in writing to
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the Judge before whom the motion is noticed. Memoranda submitted in connection with any
dispositive motion shall be accompanied by separate proposed findings and conclusions.
(e) Length of Memoranda. Movant's Memorandum and Respondent's Reply
Memorandum shall not exceed 25 pages, and Movant's Rebuttal Memorandum shall not
exceed 15 pages. Memoranda and other submissions required by Paragraph (D), except as
therein provided, are not to be filed with the Clerk’s office.
(f) Notice and Hearings. All motions in which a hearing is requested before Judge
Sanders shall be set and governed in accordance with the instructions on her website.
All motions shall be decided by the Court without a hearing or oral argument unless
otherwise ordered by the Court on its own motion, or, in its discretion, upon written motion
made by either counsel.
The scheduling of an evidentiary hearing or oral argument, where allowed, shall be set
at such time and place as may suit the convenience of counsel and the judge assigned to the
case. The Court may, in its discretion, hear oral argument by telephonic conference.
(g) Urgent or Necessitous Matters. Where the motion relates to an urgent or
necessitous matter, counsel for the movant shall, prior to the filing of the motion, contact the
Court Administrator, and arrange a definite time and place for the hearing of the motion. In
such cases, counsel for movant shall endorse upon the motion a separate certificate giving
notice to the other parties of the time and place fixed by the Court for hearing of the motion.
The court, upon receipt of the motion, may, at its own discretion, direct counsel as to the
submission of memorandum of the authorities of the court's questions.
(h) Services. Movant and respondent shall serve copies of all motions, responses,
and/or memoranda upon opposing counsel. Where service is by mail, three (3) days shall be
added to the period prescribed in Paragraph (d) of this rule.
(i) Court Reporters. The floating court reporter shall be assigned to any special
judge or judicial officer appointed to hear cases in this district.
(j) Untimely Motions. Any motion served beyond the motion deadline imposed in
the scheduling order allowed pursuant to Rule 3, with the exception of in limine evidentiary
motions, may be denied solely because the motion is served untimely.
(k) Sanctions-Frivolous Motion or Opposition. A patently frivolous motion or
opposition to a motion on patently frivolous grounds may result in the imposition of
appropriate sanctions, including the assessment of costs and attorneys' fees.
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(l) Sanctions-Unreasonable Delays. Delays, or continuances, or waste of the court's
time occasioned by the failure of a party to follow the procedures outlined in this rule may
result in the imposition of appropriate sanctions, including assessments of costs and attorneys'
fees.
(m) In this regard, counsel shall notify the assigned Judge immediately if a submitted
motion is resolved by the parties or if the case in which the motion has been pending is
settled.
(n) All pleadings shall, in addition to other requirements, clearly indicate the complete
name, mailing address, telephone number and bar roll number of counsel filing same and
shall be signed by the attorney. Any proposed order shall bear the name of the attorney
submitting same.
RULE 5. PRETRIAL CONFERENCES
AND PRETRIAL ORDERS
(a) Cases in which Conference to Be Held; Scheduling. A pretrial conference may
be held in all civil actions pursuant to the scheduling orders.
(b) Whenever possible, pretrial conferences shall be separately scheduled at a date,
place and hour and for such period of time as the subject matter of the particular case may
require, but in all events, pretrial conferences shall be scheduled in such manner as not to
cause undue or inordinate inconvenience to opposing counsel.
RULE 6. CONTINUANCES
No case set for trial shall be continued or rescheduled for trial except by permission
of the court.
RULE 7. CONFLICTS, RECUSAL
(a) In the event a case is assigned to a Judge having a conflict as contemplated by the
Canon (3) et seq. of the Code of Judicial Conduct, the judge shall then advise the Senior
Circuit Judge of such conflict and return all materials connected with the matter.
(b) Upon receipt of such notification the Senior Circuit Judge shall proceed to
reassign the case to another judge, returning the disqualified Judge's name to the pool so that
the judge will draw another case to replace the one returned.
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(c) In the event all Judges of the District disqualify themselves, the Senior Circuit
Judge shall make proper application to the Mississippi Supreme Court for the appointment
of a judge.
RULE 8. FILING OF DISCOVERY MATERIALS
(a) Interrogatories under Rule 33, M.R.C.P., and the answers thereto, Request for
Production and Inspection under Rule 34, M.R.C.P., Request for Admissions under Rule 36,
M.R.C.P., and responses thereto, and depositions under Rules 30 and 31, M.R.C.P., shall be
served upon other counsel of parties as provided by the Rules, but shall not be filed with the
Circuit Court Clerk. The party responsible for services of the discovery material shall retain
the original and become the custodian.
(b) If relief is sought under the Mississippi Rules of Civil Procedure concerning any
interrogatories, requests for production or inspection, request for admissions, answers to
interrogatories, responses to requests for admissions of depositions, copies of the portions of
the interrogatories, requests, answers, responses or depositions in dispute shall be filed with
the appropriate Circuit Court Clerk and with the assigned Judge contemporaneously with any
motion filed under said Rules.
(c) If interrogatories, requests, answers, responses of depositions are to be used at
trial or are necessary for pre-trial motion which might result in a final order on any issue, the
portions to be used shall be considered an exhibit and filed with the Clerk at the outset of the
trial or at the filing of the motion insofar as their use can be reasonably anticipated.
(d) When documentation of discovery not previously in the record is needed for
appeal purpose, upon an application and order of the Court, or by stipulation of counsel, the
necessary discovery papers shall be filed with the Clerk.
(e) The Clerks of this Court are authorized and directed to return forthwith any
discovery materials submitted for filing which does not comply with the requirements set
forth herein above. This order shall be spread on the minutes of this Court and a copy thereof
made available to any attorney and/or party requesting same.
RULE 9. VIDEOTAPE DEPOSITIONS
The videotaping of a deposition in addition to the preparation of the usual written
transcript shall be permitted as provided by court order or stipulation.
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(a) The videotape deposition of a witness shall also be taken in the usual manner by
a qualified shorthand or machine reporter and a written transcript prepared for use in
subsequent court proceedings.
(b) The time and place of the taping of the deposition shall be set by notice served in
the same manner as for a regular deposition, except it shall state that a videotape deposition
is being taken.
(c) The videotape operation technician shall certify as to the correctness and
completeness of the videotape.
(d) At the beginning of the deposition the parties and counsel shall be shown in the
visual portion of the deposition.
(e) During the deposition the witness shall be recorded in as near to courtroom
atmosphere and standards as possible. There will not be any "zoom in" procedures to unduly
emphasize any portion of the testimony, but "zoom in" will be allowed for exhibits and charts
to make them visible to the jury. The camera shall focus as much as possible on the witness.
The attorneys may be shown on introduction, the beginning of examination and during
objections.
(f) It shall not be necessary for a witness to view and/or approve the videotape of a
deposition.
(g) Any party may purchase a duplicate original or edited tape from the video operator
technician at any time.
(h) Objections to the admissibility of any portion of a video deposition shall be made
to the party offering such deposition not less than 20 days prior to the status conference and,
if the parties cannot agree on the objections, written objections shall be filed with the judge
stating the grounds of the objection along with the transcript not less than ten (10) days prior
to such conference and the judge shall make a final ruling and the party offering the
deposition shall have the objectionable testimony deleted from the tape.
[Adopted by order entered in the trial court and approved by the Supreme Court by
order entered May 25, 2006.]
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