In Re: Local Rules
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Serial: 167933
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99015-SCT
IN RE: LOCAL RULES OF THE SIXTH
CHANCERY COURT DISTRICT OF THE
STATE OF MISSISSIPPI
ORDER
This matter is before the Court en banc on the request for approval of local rules
filed by the Honorable Edward C. Fenwick and the Honorable Joseph Kilgore of the
Sixth Chancery Court District. Having considered the petition, the Court finds that
the local rules will promote the fair and efficient administration of justice and that the
petition should be granted.
IT IS THEREFORE ORDERED that the request for approval of local rules filed
by the Honorable Edward C. Fenwick and the Honorable Joseph Kilgore of the Sixth
Chancery Court District is hereby granted. The local rules, as set forth in Exhibit A
to this order, are approved.
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, Third Series (Mississippi Edition).
SO ORDERED, this the
2 nd day of March, 2011.
/s/ Michael K. Randolph
MICHAEL K. RANDOLPH, JUSTICE
NOT PARTICIPATING: KING, J.
Exhibit A
LOCAL RULES
FOR THE
SIXTH CHANCERY COURT DISTRICT OF MISSISSIPPI
Pursuant to Rule 83 of the Mississippi Rules of Civil Procedure and Uniform Chancery Court
Rule 1.06, the following rules shall govern practice and procedure in the Sixth Chancery Court
District, subject to Supreme Court approval.
RULE 1. ASSIGNMENT OF TERMS OF COURT
The terms of Court of this District are assigned to the Judges as follows:
Kilgore
2 weeks ---------
Kilgore
1 week ---------
Fenwick
4th Mon., January,
1 week ---------
Kilgore
1 week ---------
Fenwick
3rd Mon., April,
1 week ---------
Fenwick
3rd Mon., October,
1 week ---------
Kilgore
3rd Mon., March,
1 week ----------
Fenwick
3rd Mon., June,
1 week ----------
Kilgore
3rd Mon., September, 1 week ----------
Kilgore
3rd Mon., December, 1 week ---------Kemper County
1 week ---------
4th Mon., June,
Choctaw County
Fenwick
2nd Mon., October,
Carroll County, 2nd District
2 weeks ---------
2nd Mon., July
Carroll County, 1st District
2nd Mon., January,
2nd Mon., April,
Attala County
Fenwick
2nd Mon., March,
1 week ----------
Fenwick
2nd Mon., June,
1 week ----------
Kilgore
2nd Mon., September, 1 week ----------
Kilgore
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2nd Mon., December, 1 week ---------4th Mon., February,
1 week ----------
Kilgore
4th Mon., May,
2 weeks ----------
Fenwick
4th Mon., August,
Neshoba County
Fenwick
1 week ----------
Fenwick
4th Mon., November, 2 weeks ---------3rd Mon., January,
1 week ----------
Kilgore
4th Mon., March,
2 weeks ----------
Kilgore
4th Mon., July
1 week -----------
Fenwick
4th Mon., September 1 week -----------
Winston County
Kilgore
Fenwick
RULE 2. ASSIGNMENT OF CASES TO JUDGES
(a-1) After the approval of these Rules by the Supreme Court, all cases except Youth Court,
Mental Commitments and Drug and Alcohol Commitments will continue to be assigned to a Judge
immediately upon the filing of the complaint by the use of a web based Computer program which
shall be programmed to randomly select judges by a software algorithm which shall duplicate a
mathematical random selection. The Clerk shall obtain the random judge selection by accessing web
address www.courttools.com or some other web address which may be designated by this Court by
Order of the Judges of this District and forwarded to the Clerks of the Sixth Chancery District.
Access to the random judge selection function of the web address shall be by unique User ID and
Password for each clerk. After obtaining a judge assignment, the Clerk shall print the judge
assignment from the web page and docket and file assignment as the first document in the court file.
Once a case is so assigned to a judge, only the judge to whom it is assigned will consider the matter,
EXCEPT: (1) where the judge must recuse himself for good cause, (2) where the judge to whom it
is assigned will be unavailable for at least five days to consider the matter for reasons such as
sickness, duties outside the district, seminars and vacations, then the other judge may consider
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emergency matters, ex parte matters and uncontested or agreed matters. When a judge has signed
an order under the above exception, it shall remain the case of the judge to whom it was originally
assigned.
Any order entered by the judge to whom a case is not assigned under the provision of said
item (2) shall contain an explanation of the basis for the non-assigned judge signing the order.
(a-2) If either Judge Fenwick or Judge Kilgore is assigned a case wherein an immediate
family member is an attorney of record, the case shall be automatically assigned to the other Judge.
To compensate for the reassignment, the next case assigned to the Judge that got the reassigned case,
shall be automatically assigned to the other Judge. Both Judges shall be notified immediately by
the Clerk when this procedure is utilized.
(a-3) In situations involving Administrations, Conservatorships and/or Guardianships arising
from the same set of facts or involving the same family that are filed and result in multiple causes,
all such cases shall be assigned to the Judge to whom the first case filed was assigned.
(b). Because of the urgency of mental, alcohol and drug commitments they shall be assigned
by the clerk to the most readily available judge. However, the first attempt shall be made to assign
all of such cases in Neshoba, Winston, and Kemper Counties to Judge Kilgore and all of such cases
in Attala, Choctaw, and Carroll to Judge Fenwick.
(c). Youth Court cases and cases filed under §41-41-53 Miss. Code of 1972, Annotated,
from Carroll, Attala, Choctaw Counties shall be assigned to Judge Fenwick. Youth Court cases and
cases filed under §41-41-53 Miss. Code of 1972, Annotated, from Neshoba, Kemper and Winston
Counties shall be assigned to Judge Kilgore. This system shall be used because many of these are
urgent matters and there is need for coordination between the Court, the County Attorney, the
Department of Human Services and Law Enforcement. In cases involving shelter hearings and
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detention hearings which are urgent, the other judge may hear the case when the designated Youth
Court Judge/Referee is not available.
(d). All cases filed before the implementation of these new rules, which have previously
been heard or set by a judge will be heard by the judge who has already begun the case. All
Department of Human Services child support cases and all estate and guardianship matters, which
have previously been considered by both judges, are assigned to the judge who signed the last order
in the cause.
(e). All cases heretofore assigned to Judge Love, either by the random assignment method
or by virtue of the signing of the last order, are hereby assigned to Judge Fenwick, except that all
cases assigned to Judge Love in which Edward C. Fenwick served as counsel shall automatically
be assigned to Judge Kilgore. All cases heretofore assigned to Judge Prisock and Judge Kilpatrick,
either by the random assignment method or by virtue of the signing of the last order, are hereby
assigned to Judge Kilgore except that all cases assigned to Judge Prisock in which Joseph Kilgore
served as counsel shall automatically be assigned to Judge Fenwick.
RULE 3.TRIAL SETTINGS
(a). Pursuant to Rule 40 of the Mississippi Rules of Civil Procedure matters other than
Motions and initial Rule 81 matters may be set for trial be the following methods.
1. On order of the Court upon request of counsel for all parties, any contested matter may
be set for trial at any time with the approval of the Chancellor, Court Administrator or Staff
Attorney. When an attorney receives a particular date, he is representing to the Court that the case
is ready for trial on that date and no impediment exist to a trial on that date. A matter is not firmly
set for a date until an order is signed by the Judge setting it.
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2. On motion of any party for a trial setting as provided by MRCP 40 (a), after duly giving
notice of a hearing on such motion, the Court will enter an order setting the matter for trial, if it
determines it is ready for trial.
(b). Motions may be noticed for hearing on Motion Days or at such other times as can be
arranged with the Court.
(c). Settings for Rule 81 (d)(5) actions:
In any action instituted under the provisions of Rule 81 (d) (5) summons may be issued
returnable to a Motion Day established in these rules. No special order shall be required to so set
such cases. However, it should be noted that such a date is a return date only and this date should
not be considered a firm trial date, but a date at which uncontested matters may be heard and matters
which require very short hearings, normally less than thirty (30) minutes, may be heard. Other cases
will be continued to a day certain at a time and place convenient to the attorneys and the Court.
Cases set pursuant to Rule 81 (d) (5) which are not made returnable to a Motion Day shall require
a Special Order setting the same.
(d). Uncontested fault ground divorces and irreconcilable difference divorces will be heard
only during regular Terms of Court, on the Motion Days hereinafter designated, or on a day when
the cause is scheduled for trial as a contested matter. These will only be heard in the county where
they are filed. In Carroll County irreconcilable difference divorces may be presented in either
district, but fault ground divorces will be heard in the district where they are filed. As provided in
Rule 8.05 of the Uniform Chancery Rules, each party in every domestic case involving economic
issues shall file with the Court and provide the opposite party or counsel, if known, the disclosures
required by said rule.
(e). Ex parte matters will be considered on the Motion Days hereinafter designated or at such
other times as may be scheduled by the Court.
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RULE 4. MOTION PRACTICE
The Court will hold Motion Days as prescribed by Rules 78 and 83 of the Rules of Civil
Procedure in each county of the district each month. Any party may notice a motion for hearing on
any of these days. A copy of the notice of hearing on a motion should be mailed to the Chancellor
who is to hear the motion. The motions will be heard in the order the notices are received by the
Chancellor unless for good cause the Chancellor determines deviation from that order should be
made. If all matters noticed for a particular Motion Day cannot be heard on that day, an order will
be entered on that day continuing them to another day, and the entry of such continuance order shall
constitute notice to all parties who have notice of the hearing of the new time and place for hearing.
The following days are hereby designated as Motion Days for this District:
FOR CHANCELLOR EDWARD C. FENWICK:
ATTALA COUNTY - the first and third Thursday of each month in the Chancery Court
Building in Kosciusko at 9:00 A.M.
CARROLL COUNTY FIRST JUDICIAL DISTRICT - the first Tuesday of each month in
the Courthouse in Carrollton at 9:00 A.M.
CARROLL COUNTY SECOND JUDICIAL DISTRICT - the first Tuesday of each month
in the Courthouse in Vaiden at 1:30 P.M.
CHOCTAW COUNTY - the second Tuesday of each month in the Courthouse in Ackerman
at 9:00 A.M.
KEMPER COUNTY - the second Tuesday of each month in the Courthouse in DeKalb at
1:30 P.M. through March 8, 2011. The first Monday of each month
in the Courthouse of Dekalb at 9:30 A.M. beginning April 4, 2011.
NESHOBA COUNTY - the second Wednesday and fourth Thursday of each month in the
Courthouse in Philadelphia at 9:00 A.M.
WINSTON COUNTY - the second Thursday of each month in the Courthouse in Louisville
at 9:00 A.M.
FOR CHANCELLOR JOSEPH KILGORE:
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ATTALA COUNTY - the second and fourth Thursdays of each month in the Chancery Court
Building in Kosciusko at 9:00 A.M.
CARROLL COUNTY FIRST JUDICIAL DISTRICT - the second Wednesday of each
month at 9:30 A.M. in Carrollton.
CARROLL COUNTY SECOND JUDICIAL DISTRICT - the second Wednesday of each
month at 1:30 P.M. in Vaiden.
CHOCTAW COUNTY - the fourth Wednesday of each month at 9:00 A.M. in Ackerman.
KEMPER COUNTY - the third Tuesday of each month in the Courthouse in DeKalb at
9:00 A.M.
NESHOBA COUNTY - the first and third Thursdays of each month in the Courthouse in
Philadelphia at 9:00 A.M.
WINSTON COUNTY - the first and third Wednesday of each month in the Courthouse in
Louisville at 9:00 A.M.
RULE 5. NOTICE REQUIREMENTS
A. It shall be the duty of each attorney who obtains a trial setting, who obtains the
continuance of a setting, or who obtains a dismissal of an action to notify the Clerk, Judge and Court
Reporter of the time and place of such settings and of any cancellation or change in setting dates.
B. On motions for modification of divorce judgements and for contempt citations notice to
the attorney of record at the preceding hearing in the matter will not be sufficient. In theses matters
notice shall be given to the last counsel of record and summons shall be issued to the respondent to
said Motion.
RULE 6. ADMINISTRATIVE MATTERS
The Chancery Clerks of the District are to retain in their possession and control all court
files, and no attorney or other person shall be allowed to take court files out of the clerk’s offices
except by special order of the Chancellor to whom the case is assigned, or where the attorney
representing one of the parties to the action removes the file to take it to the Chancellor in another
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county of the district when a hearing in the matter is set for the other county. All files so removed
from the clerk’s office by the attorney shall be returned within twenty-four business hours of the
time of removal. Nothing in this rule shall prohibit the clerk from making copies of documents in
the court file except as prohibited by law in confidential matters or where a file has been ordered
sealed.
ORDERED this the 16th day of December, 2010.
/s/ Edward C. Fenwick
EDWARD C. FENWICK
/s/ Joseph Kilgore
JOSEPH KILGORE
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