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 amendments to
Mississippi Rules of Appellate Procedure adopting a new Rule 48A. Having considered the matter, the
Court finds that the interest of the fair and efficient administration of justice will be served by the adoption of
the proposed amendments as set forth in Exhibit "A" hereto.
IT IS THEREFORE ORDERED that Rule 48A of the Mississippi Rules of Appellate Procedure be and the
same is adopted, in the language and form set forth in Exhibit "A" hereto.
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, Second Series, (Mississippi
Edition).
SO ORDERED, this the 28th day of March, 2001.
/s/ Fred L. Banks, Jr.
FRED L. BANKS, JR., PRESIDING JUSTICE, FOR THE COURT
EXHIBIT "A"
RULE 48A TO MISSISSIPPI RULES OF APPELLATE PROCEDURE
(All new material)
RULE 48A. CONFIDENTIAL CASES AND SEALED FILINGS
(a) Cases Treated as Confidential on Filing. Any case filed with the clerk of the Supreme Court and
Court of Appeals which was previously closed to the public by action of the trial court or which by statute is
subjected to restriction on access to the public in the trial court by statute, shall be closed to public access
in the appellate courts and shall be treated as a confidential case by the clerk of the appellate courts.
(b) Cases which May be Designated as Confidential on Order of the Appellate Court. In the event
that the appellate court shall determine that a case contains information the public disclosure of which will
cause substantial harm to the welfare of a child or otherwise contains sensitive information the public
disclosure of which will cause substantial harm, the appellate court may direct that such case be closed to
public access and shall, upon order of the appellate court, be treated as a confidential case by the clerk.
Pending determination by the appellate court of whether a case should be so treated, the clerk is authorized
to deny access without order.
(c) Sealed documents. Where parties shall file documents physically under seal with the clerk of the
appellate courts, such documents shall remain sealed until the appellate court by order removes the seal.
The mere filing of documents with a request that they be sealed shall not constitute the filing of sealed
documents. Such documents shall remain open until the appellate court on motion of a party or on its own
motion orders that they be sealed.
(d) Requests for Access. Any person or entity with an interest in the proceedings may by motion request
access to any case or filings therein by motion presenting their interest and argument for access, and such
motions shall be ruled on expeditiously.
(e) Other Provisions. The designation of a case as closed shall not restrict access of the parties, counsel
of record, appellate court or of court staff as needed to address the case. Sealed documents may be
opened at the direction of a justice as needed to address the case without ordering that the seal, as to the
public, be removed. Where necessary to accomplish the purpose of designating a case as confidential, the
style of the case shall be amended so as to prevent disclosure of the names of parties. Access to the
records concerning such cases shall be granted only upon order of the appellate court.
[Adopted effective March 29, 2001.]
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