Rules v. Appellate Procedure
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IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99027-SCT
IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE
ORDER
This matter has come before the Court en banc on its own motion for consideration of policies regarding
the publication of petitions and proposals for amendments to rules regarding the admission to the practice of
law and the conduct of attorneys. By Special Order No. 2056 signed April 24, 1986, a procedure was
established for the publication of such petitions in the Mississippi Lawyer and for a ninety day period of
comment prior to a decision by the Court on the proposals and petitions. Thereafter, Special Order No.
2056 was superceded and set aside by M.R.A.P. 27(f), adopted effective January 1, 1995, eliminating all
requirements for notice and response as to all rules petitions, except as specifically required by the Court.
Having considered the matter further, the Court finds that there should be an expedient procedure
established for notifying the members of the Bar and the interested public of pending changes in the rules
relating to the admission to the practice of law and the conduct of attorneys.
IT IS THEREFORE ORDERED that Rule 27(f) of the Mississippi Rules of Appellate Procedure be
amended to read as set forth in Exhibit "A" to this Order.
IT IS FURTHER ORDERED that the Clerk of the 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
Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court.
ORDERED, this the ____ of August, 1999.
____________________________________
EDWIN LLOYD PITTMAN, PRESIDING JUSTICE, FOR THE COURT
SULLIVAN, P.J., NOT PARTICIPATING
EXHIBIT "A"
TO ORDER AMENDING M.R.A.P. 27(f)
AMENDMENT TO M.R.A.P. 27(f)
[Additions indicated by underscoring; deletions by strikethrough.]
(f) Motions Proposing Adoption, Repeal, or Amendment of Rules of Court and
Rules Governing the Practice of Law. All applications concerning the adoption,
repeal, or amendment or of the Mississippi Rules of Civil Procedure, Rules of
Evidence, Rules of Appellate Procedure, Uniform Circuit Court Rules, Uniform
Criminal Rules of Circuit Court Practice, Uniform Circuit and County Court Rules,
Uniform Chancery Court Rules, Uniform County Court Rules, Uniform Criminal Rules
of County Court Practice, Uniform Rules of Procedure for Justice Court, Code of
Judicial Conduct, Rules of the Commission on Judicial Performance, Rules and
Regulations for Mandatory Continuing Judicial Education, Rules of Professional
Conduct, Rules of Discipline for the Mississippi Bar, Rules and Regulations for
Mandatory Continuing Legal Education, Rules Governing Admission to the Mississippi
Bar, and all other procedural rules affecting the practice of law and the administration of
the courts in Mississippi shall be filed in the Supreme Court. Such motions shall
comply with all other requirements of the Mississippi Rules of Appellate Procedure;
specifically, four (4) copies shall be filed with the original, but the Supreme Court may
require that additional copies be furnished. No notice or response to such motion shall
be required, except as may be required by the Court, but the Court may in its discretion
submit any rules motion to the Supreme Court Rules Advisory Committee, or any other
source, for review and comment. Upon receipt of requests or petitions for adoption or
amendment of rules governing the practice of law, including Rules of Professional
Conduct, Rules of Discipline for the Mississippi Bar, Rules and Regulations for
Mandatory Continuing Legal Education, Rules Governing Admission to the Mississippi
Bar, the Clerk of the Supreme Court shall publish the proposal or request on the
Supreme Court's Internet site, and invite comment thereon. No action shall be taken by
the Supreme Court on such proposal or request for a period of thirty(30) days
following the commencement of such publication, and all comments received shall be
considered; however, the Court may dispense with such publication and comment in
the event that the Court deems the urgency of the proposal or request probibitive to the
delay needed for publication and comment.
[Amended effective August ,1999.]
Comment
....
Subdivision (f) sets out procedures to be followed in the adoption and amendment of
rules governing practice and procedures in the courts and those specific to the
practice of law. The provision of the subdivision providing for publication on the
Internet and comment supercedes Misc. Order 2056 which formerly required Bar
related petitions to be published in the Mississippi Lawyer with a ninety day comment
period. Misc. Order 2056 was vacated by the order adoption of this provision for
subdivision (f).
....
[Comment amended June 21, 1996; October 15, 1998, effective January 1, 1999;
August 26, 1999.]
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