In Re: Local Rules
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Serial: 168312
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99015-SCT
IN RE: LOCAL RULES OF THE SEVENTH CHANCERY COURT
DISTRICT OF THE STATE OF MISSISSIPPI
CORRECTED ORDER
This matter is before the Court en banc on the Petition for Approval of Local Rules filed
by the Honorable Jon M. Barnwell, the Honorable Catherine Farris-Carter and the Honorable
Watosa M. Sanders of the Seventh 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 Petition for Approval of Local Rules filed by
the Honorable Jon M. Barnwell, the Honorable Catherine Farris-Carter and the Honorable
Watosa M. Sanders of the Seventh 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 10th day of March, 2011.
/s/ George C. Carlson, Jr.
GEORGE C. CARLSON, JR., PRESIDING JUSTICE
NOT PARTICIPATING: KING, J.
Exhibit A
LOCAL RULES
SEVENTH CHANCERY COURT DISTRICT
GENERAL PROVISIONS
The Seventh Chancery Court District is divided into two divisions. The
Chancellors are as follows:
Division 1: Catherine Farris-Carter
Division 2, seat 1: Jon M. Barnwell
Division 2, seat 2: Watosa M. Sanders
Division 1 is comprised of Bolivar County, First District; Bolivar County,
Second District and Coahoma County.
Division 2 is comprised of Leflore County; Quitman County; Tallahatchie
County, First District; Tallahatchie County, Second District and Tunica County.
RULE 1. ASSIGNMENT OF TERMS OF COURT
Bolivar 1
1 st Monday, March
1 week
Farris-Carter
1 st Monday, July
1 week
Sanders
2 nd Monday, November
1 week
Barnwell
Bolivar 2
2 nd Monday, January
3 weeks
week 1 – Farris-Carter
week 2 – Sanders
week 3 – Barnwell
3 rd Monday, April
3 weeks
week 1 – Farris-Carter
week 2 – Barnwell
week 3 – Sanders
2 nd Monday, July
3 weeks
week 1 – Farris-Carter
week 2 – Sanders
2
week 3 – Barnwell
1 st Monday, October
3weeks
week 1 – Farris-Carter
week 2 – Sanders
week 3 – Barnwell
1 st Monday, April
2 weeks
week 1 – Farris-Carter
week 2 – Barnwell
3 rd Monday, June
2 weeks
week 1 – Farris-Carter
week 2 – Sanders
4 th Monday, September
2 weeks
week 1 – Farris-Carter
week 2 – Sanders
1 st Monday, December
2 weeks
week 1 – Barnwell
week 2 – Sanders
2 nd Monday, February
3 weeks
week 1 – Sanders
week 2 – Barnwell
week 3 – Farris – Carter
2 nd Monday, May
3 weeks
week 1 – Sanders
week 2 – Barnwell
week 3 – Farris – Carter
4 th Monday, August
3 weeks
week 1 – Sanders
week 2 – Farris-Carter
week 3 – Barnwell
1 st Monday, December
3 weeks
week 1 – Sanders
week 2 – Farris-Carter
week 3 – Barnwell
1 st Monday, February
1 week
Sanders
4 th Monday, May
1 week
Barnwell
Coahoma
Leflore
Quitman
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3 rd Monday, August
1 week
Farris-Carter
2 nd Monday, November 2 weeks
week 1 – Farris-Carter
week 2 – Barnwell
Tallahatchie 1
2 nd Monday, January
1 week
Barnwell
3 rd Monday, April
1 week
Sanders
3 rd Monday, October
1 week
Farris-Carter
3 rd Monday, January
1 week
Farris-Carter
4 th Monday, April
1 week
Sanders
4 th Monday, October
1 week
Barnwell
4 th Monday, January
1 week
Sanders
1 st Monday, June
1 week
Sanders
3 rd Monday, September
1 week
Farris-Carter
4 th Monday, November
1 week
Barnwell
Tallahatchie 2
Tunica
RULE 2. ASSIGNMENT OF CASES
(a)
Initial Assignment of Cases:
i.
Pursuant to U.C.C.R. 1.06(A), immediately upon filing a
complaint, the matter shall be assigned to ensure no discernable
pattern exists that would allow a person to know to whom the case has
been assigned prior to its assignment.
ii. All cases filed in the Chancery Court of the Seventh District
hereinafter shall be randomly assigned to one of the three Judges of
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the district by a web-based computer program. The Clerks will print
the assignment form from the web page and place it in the court file.
iii. 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, or (2) where the Judge has entered a
standing order stating that he would not hear any matters brought by a
particular attorney or a particular party.
iv. Upon the recusal of a Judge, the Clerk will randomly draw another
Judge for that assignment.
(b) The following matters are exceptions from random assignment and shall be
handled as ex parte or Motion Day matters: Joint Complaints, including
Irreconcilable Differences Divorces, Pro Se Irreconcilable Differences Divorces,
Name Change or Birth Certificate Corrections, Uncontested Adoptions, Removal
of Minority, Commitments and Bond Validations. If any of these matters become
contested, the Chancellor shall direct the Clerk to assign the case. Any attorney
filing an exempted action must sign a Certificate of Exemption upon filing stating
that all interested parties have signed or joined in the petition.
(c) Youth Court cases, Mental Commitments and Alcohol and Drug Commitments
are exempt from random assignment and will be handled by the Youth Court
Referee, Special Master or Family Master.
(d) Special Masters shall be appointed by the Chancellor or Chancellors residing in
the election sub-districts. Appointment of all current Masters within the district
shall be continued pursuant to M.C.A. § 9-5-255(4) and (9).
(e) All cases on Judge Willard’s docket will immediately be evenly divided
between Judge Farris-Carter and Judge Sanders by random assignment.
(f) Judge Barnwell will continue to hear those cases that have been previously
assigned to him and will not be in the initial random rotation for the first six
months after the implementation of these rules so that the dockets of the three
Judges can be more nearly equalized. Thereafter all three Judges will be included
in the random selection process.
RULE 3. PLACING ACTIONS ON THE TRIAL CALENDAR
(a) Those cases which have had a responsive pleading filed or any other formal
or informal response filed by the defendant shall be placed on the trial docket. No
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cases in default or with insufficient process shall be placed on the trial docket, but
shall be noted on the docket as such.
(b) All settings not within a Chancellor’s assigned term or Motion Day shall be
posted on the district’s website so that date at that place will not be duplicated. It
is the responsibility of each Chancellor and/or Court Administrator to check this
docket before setting a matter. Once the matter is set, it must be placed on the
master docket on the website by the scheduling Chancellor’s office. Matters not
placed on the master docket will not be considered set and the date at that location
will remain available for other settings by another Chancellor. These settings will
be done on a first come first serve basis.
(c) On or before Wednesday prior to the following week, a copy of each
Chancellor’s docket will be posted on the 7 th Chancery Court District’s website,
located at www.7chancerycourt.com. It is the responsibility of each attorney to
check the docket and be prepared to proceed at the scheduled time, date and
location.
(d) On or before Thursday preceding each scheduled term of this Court, the Clerk
shall prepare a list of all actions triable at such term, and shall provide sufficient
copies thereof for all members of the Bar practicing before said Court and any
other attorneys representing parties on said docket. At least five days prior to the
terms, the Clerk shall notify all parties on the trial docket who are without
attorneys of the time and place of the docket setting.
(e) The said docket shall be called, and the trial calendar for the term and thereafter
will be set, at 9:30 o’clock a.m. on the first day of each term.
(f) Hearings on Motion Days shall be set as hereinafter provided in Rule 4 of these
Local Rules.
(g) Matters are not firmly set for hearing or trial until confirmed with the Court
Administrator or set by the Chancellor. After a hearing or trial is set, excluding ex
parte matters, the party setting the matter shall mail Notice of Hearing to all
attorneys of record and unrepresented parties.
(h) All other hearings shall be set by the Court Administrator or Chancellor on
request of counsel and on reasonable notice to other counsel or unrepresented
parties.
(i) Upon filing of any motion, it is the responsibility of the party filing said motion
to contact the Court Administrator to set a hearing in order for the motion to be
considered.
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RULE 4. MOTION DAYS
(a)
The following days are hereby designated as Motion Days for this district:
FOR CHANCELLOR JON M. BARNWELL
BOLIVAR COUNTY – the fourth Thursday of each month in the Bolivar
County Courthouse, Second Judicial District, in Cleveland,
Mississippi, at 9:30 a.m.
COAHOMA COUNTY – the second Friday of each month in the Coahoma
County Courthouse in Clarksdale, Mississippi, at 9:30 a.m.
LEFLORE COUNTY – the first and fourth Friday of each month in the Leflore
County Courthouse, in Greenwood, Mississippi, at 9:30 a.m.
FOR CHANCELLOR CATHERINE FARRIS-CARTER
BOLIVAR - the second and third Thursday of each month in the Bolivar
County Courthouse, Second Judicial District, in Cleveland, Mississippi,
at 9:30 a.m.
COAHOMA COUNTY – the first and fourth Friday of each month in the
Coahoma County Courthouse in Clarksdale, Mississippi, at 9:30 a.m.
LEFLORE COUNTY – the third Friday of each month in the Leflore County
Courthouse, in Greenwood, Mississippi, at 9:30 a.m.
FOR CHANCELLOR WATOSA M. SANDERS
BOLIVAR - the first Thursday of each month in the Bolivar County
Courthouse, Second Judicial District, in Cleveland, Mississippi, at 9:30
a.m.
COAHOMA COUNTY – the third Friday of each month in the Coahoma
County Courthouse in Clarksdale, Mississippi, at 9:30 a.m.
LEFLORE COUNTY – the second and fourth Friday of each month in the
Leflore County Courthouse, in Greenwood, Mississippi, at 9:30 a.m.
(b) Each Monday during term of court, 9:00 a.m. to 10:30 a.m. will be set aside
for temporary hearings and vacation matters filed in that county only.
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(c) Ex parte and vacation matters will normally be set for 15 or 30 minutes each
and may be set for as long as an hour if counsel estimates such time will be
necessary. Specific authority of the Chancellor must be obtained before setting
any matter more than an hour on Motion Days.
(d) All of those matters which are exceptions to the random assignments from
any of the counties in this district, as provided for in Rule 2(b) of these Local
Rules, may be presented to and heard by any of the Chancellors during their
regular Motion Days located in Bolivar, Coahoma and Leflore counties. Said
matters will be set with the Court Administrator for each respective Judge.
Otherwise the Chancellor assigned any given case will, through his Court
Administrator, set any other temporary matters or ex parte hearings on said
vacation days.
(e) Motion Days will be heard regardless if it is a term day or vacation day.
(f) The Clerks of this Court are authorized without further order of this Court, to
issue vacation process returnable to a Motion Day in accordance with Rule 81(d)
and all applicable statues. For motions or other matters not requiring process,
counsel shall give any required notice of a hearing set on Motion Day.
(g) The Clerks of this Court are further authorized to enter orders continuing
such matters as previously set on Motion Days to such other days as the Court
Administrator may advise are available for the Court to hear such matter.
(h) If the Chancellor shall be unable to be present for a Motion Day on any of the
days hereinabove designated, he will notify the Clerk of cancellation of the day
as far ahead as practicable.
(i) Counsel shall notify the Court Administrator promptly upon learning that a
scheduled matter will not he heard, and the Court Administrator shall remove
such matter from the day’s docket.
(j) The Court Reporter will not attend Motion Day unless she or the Chancellor is
notified in advance that a record will be requested in a particular matter.
RULE 5. PROCEDURE
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(a)
Court Files: Attorneys who have actions set on the court calendar
when the Court is sitting in another county are responsible for checking out
the file from the Clerk’s office and bringing same to Court for such hearing.
Judgments:
(b)
i.
Pursuant to U.C.C.R. 5.04, all judgments must be presented to
the assigned Chancellor within ten (10) days of being directed to draw
the judgment. Attorneys should always prepare a proposed judgment
to present at the hearing or trial.
ii. The attorney directed by the Chancellor to prepare the judgment must
prepare said judgment and forward to counsel opposite or the Pro Se
party for approval. Once approved, the judgment should be forwarded
to the Court. It is the responsibility of the attorney directed to prepare
the judgment to make sure the judgment reaches the Court after
approval. If a disagreement arises, the attorneys shall contact one
another to reach an agreement. If an agreement cannot be reached it is
the responsibility of the attorneys to notify the Court Administrator
that an agreement cannot be reached before ten (10) days expire. A
continuance can be granted by the Chancellor for a period not to
exceed ten (10) days. If an agreement still cannot be reached, the
Court Administrator will set the matter for further hearing for the
purpose of entering a judgment.
(c)
Pleadings and Documents : All documents and pleadings filed with
the Court must include the name of the attorney presenting it and their
Mississippi State Bar Number, mailing address, telephone and fax numbers
and e-mail address. If an attorney would rather not include his/her e-mail
address on pleadings and documents for privacy reasons, they should inform
the Court of their e-mail address by contacting the Court Administrator.
RULE 6. DISTRIBUTION OF THE LOCAL RULES
(a)
Upon approval of these rules by the Supreme Court of Mississippi,
copies of said rules shall be filed with the Clerks of this Court and shall be
placed in a conspicuous place in said Clerk’s office for easy access to all
persons.
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(b) The Clerks of this Court shall further maintain a supply of copies of this
order to be provided to interested parties as the need may arise. The Court
Administrator of this Court shall mail copies to all members of the bar of
each of the aforementioned counties and to members of the bar outside of the
counties who customarily practice in this Court.
(c) Distribution as provided shall be considered by this Court to satisfy the notice
required by the first sentence of M.R.C.P. 40(b) and shall further be
considered to be sufficient notice to all attorneys of the date and time on
which the trial docket will be set.
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