In Re: Mississippi Rules of Appellate Procedure
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Serial: 168872
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99027-SCT
IN RE: MISSISSIPPI RULES OF
APPELLATE PROCEDURE
ORDER
This matter is before the Court sitting en banc on the Court’s own motion to amend
Rule 10 of the Mississippi Rules of Appellate Procedure. After due consideration, the Court
finds that the amendment of Rule 10 should be approved.
IT IS THEREFORE ORDERED that Rule 10 of the Mississippi Rules of Appellate
Procedure is hereby amended as set forth in Exhibit “A” hereto. This amendment is
effective July 1, 2011.
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, Third Series, (Mississippi Edition).
SO ORDERED, this the 19 th day of April, 2011.
/s/ George C. Carlson, Jr.
GEORGE C. CARLSON, JR.,
PRESIDING JUSTICE
TO APPROVE: ALL JUSTICES.
Exhibit “A”
RULE 10. CONTENT OF THE RECORD ON APPEAL
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(b) Determining the Content of the Record.
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(5) Attorney's Examination and Proposed Corrections. For fourteen (14) days after service
of the clerk's notice of completion under Rule 11(d)(2), the appellant’s counsel shall have the
use of the record for examination. On or before the expiration of that period, appellant's
counsel shall return deliver or mail the record to one firm or attorney representing the
appellee the trial court clerk, and shall append to the record (i) a written statement of any
proposed corrections to the record, (ii) a certificate that the appellant or the appellant’s
attorney has carefully examined the record and that with the proposed corrections, if any, it
is correct and complete, and (iii) a certificate of service, indicating that the record has been
returned to the clerk. For fourteen (14) days after receipt of the certificate of service from
appellant’s counsel, counsel for the appellee’s counsel shall have the use of the record for
examination. On or before the expiration of that period, appellee’s counsel, shall examine
deliver or mail return the record and return it to the trial court clerk within fourteen (14) days
after service, and shall append to the record (i) a written statement of any proposed
corrections to the record, (ii) a certificate that the appellee or the appellee’s attorney has
carefully examined the record and that with the proposed corrections, if any, it is correct and
complete, and (iii) a certificate of service, indicating that the record has been returned to the
clerk. Corrections as to which counsel for all parties agree in writing shall be deemed made
by stipulation. If the parties propose corrections to the record but do not agree on the
corrections, the trial court clerk shall forthwith deliver the record with proposed corrections
to the trial judge. The trial judge shall promptly determine which corrections, if any, are
proper, and enter an order under Rule 10(e),. Within five days, the trial court clerk shall serve
counsel for all parties and their attorneys with a copy of the order. If a party does not agree
with the court’s order, counsel that party shall, within five days of service of the order,
request a hearing. Such a request shall be assigned priority status on the trial judge’s docket,
and after a hearing, the trial judge shall promptly enter an order directing the court reporter
and/or the trial court clerk to make the appropriate correction(s), if any, and to finalize
completion of the record for transmission to this Court. Once the order is entered, or if no
hearing request is made, and return the record shall be returned to the court reporter and/or
the trial court clerk who shall within seven (7) days make corrections directed by the order.
The trial court clerk shall verify that any approved changes have been made and that the
required certifications are appended to the record before sending it to the Supreme Court.
...
[Amended effective January 1, 1999; amended July 1, 1999; amended effective July 1, 2011
to revise the procedure for attorney’s examination and proposed corrections.]
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