In Re: The Rules of Civil Procedure

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Serial: 203532 IN THE SUPREME COURT OF MISSISSIPPI No. 89-R-99001-SCT IN RE: THE RULES OF CIVIL PROCEDURE ORDER This matter is now before the en banc Court on the Court’s own motion. On April 28, 2015, the Court amended the Mississippi Rules of Civil Procedure to include a Rule 5.1 addressing privacy protection for court filings. On June 4, 2015, the Court vacated its prior order and suspended Rule 5.1 until further order. Chief Justice William L. Waller Jr. appointed a Study Committee on Protecting Privacy in Court Filings to reconsider Rule 5.1. The Committee, chaired by Justice Randy G. Pierce, submitted its proposal to the Court. That proposal was posted for public comment on October 5, 2015. After due consideration, we find that amending the Mississippi Rules of Civil Procedure to include the revised Rule 5.1, attached as Exhibit A, will promote the fair and efficient administration of justice. IT IS THEREFORE ORDERED that the Mississippi Rules of Civil Procedure are amended to include Rule 5.1, as set forth in Exhibit A. The amendment is effective July 1, 2016. IT IS FURTHER ORDERED that the Clerk of this Court must spread this order upon the minutes of the Court and must forward a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of Mississippi Rules of Court. SO ORDERED, this the 3rd day of February, 2016. /s/ William L. Waller, Jr. WILLIAM L. WALLER, JR., CHIEF JUSTICE ALL JUSTICES AGREE. 2 EXHIBIT A Rule 5.1. Privacy Protection for Filings Made with the Court Beginning July 1, 2016, all courts and offices of a circuit or chancery clerk that maintain electronic storage or electronic filing of documents, as defined under section 9-1-51 of the Mississippi Code, and make those documents accessible online must conform with the privacy provisions of the Administrative Procedures for Mississippi Electronic Courts—specifically, Sections 5 and 9 therein. 3

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