In Re: Mississippi Rules of Appellate Procedure
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Serial: 184519
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 en banc on the Court’s own motion. After due
consideration, the Court finds that appellate e-filing will promote the fair and efficient
administration of justice. Thus, the Court hereby amends Rule 25 of the Mississippi Rules
of Appellate Procedure as set forth in Exhibit “A” and adopts the Appellate E-Filing
Administrative Procedures attached hereto as Exhibit “B.” These procedures shall govern
appellate e-filing in the Supreme Court of Mississippi and the Court of Appeals of the State
of Mississippi. Beginning July 1, 2013, attorneys may file documents electronically in either
appellate court. Appellate e-filing shall be mandatory in this Court and in the Court of
Appeals beginning January 1, 2014.
SO ORDERED, this the
5 th
day of June, 2013.
/s/ Jess H. Dickinson
JESS H. DICKINSON,
PRESIDING JUSTICE
FOR THE COURT
EXHIBIT A
RULE 25. FILING AND SERVICE
(a) Filing. Papers required or permitted to be filed shall be filed with the clerk of the
Supreme Court and no motion, brief, motion for rehearing or other document, or any copy
shall be sent by an attorney directly to any individual justice except as provided in Rule 8(c).
Filing may be accomplished by mail addressed to the clerk or by electronic means in
conformity with procedures established by the Court, but filing shall not be timely unless the
papers are received by the clerk within the time fixed for filing, except that briefs and record
excerpts shall be deemed filed on the day of mailing by first class mail with postage prepaid,
or any more expeditious form of delivery. For briefs and record excerpts to be deemed filed
on the day of mailing, they must be accompanied by a certificate signed by the person who
will actually mail the brief or record excerpt. The certificate shall specify the document filed,
the number of copies filed, and the date the paper will be deposited in the United States mail
addressed to the clerk. Papers received by the clerk of the Supreme Court without a
certificate of filing shall be deemed filed when received by that clerk.
Filing of unopposed procedural and emergency relief motions may be accomplished
by facsimile (fax) transmission. A document longer than five pages shall not be filed without
prior leave of the clerk.
Each facsimile transmission shall be accompanied by a facsimile cover page which
states the date of the transmission, the name and telephone number of the person transmitting
the document, the name and facsimile telephone number of the person to whom the document
is being transmitted, the docket number and style of the case in which the document is to be
filed, the style of the document being filed, and the number of pages being transmitted,
excluding the cover page.
A facsimile fee shall be required for filing a document by facsimile transmission.
Only one copy of the document shall be transmitted; the clerk will provide any
additional copies required by these rules or an order of the appropriate appellate court, and
the cost of copying shall be assessed against the filing party. Papers filed by facsimile
transmission shall be deemed filed when the official date and time stamp of the clerk is
affixed to the transmission. The facsimile signature shall be deemed an original signature.
The filing party shall retain possession of the original executed document for submission to
the Court if there is a dispute over authenticity.
i
A paper may be filed by facsimile transmission only if it can be served on opposing
counsel by facsimile transmission. Service of a paper by facsimile transmission is complete
when the person transmitting the paper receives confirmation of receipt of the transmission
by the facsimile machine of the person served.
The proof of service for a paper served by facsimile transmission shall state the
facsimile telephone number of the person to whom the paper was transmitted. A copy of the
transmission report to opposing counsel shall be attached to the transmitted document. The
person transmitting the document shall further certify that the facsimile fee and any required
filing fee have been mailed to the clerk contemporaneously with the facsimile transmission.
Failure to comply with the facsimile requirements of this rule may result in the
imposition of sanctions; the document transmitted may be stricken or deemed not filed, or
other appropriate action may be taken.
Except as provided above, when these rules or an order of an appellate court requires
multiple copies of a document to be filed, filing shall not be deemed complete until all
required copies are filed. If a motion is filed with a single justice as permitted by Rule 8, the
justice may permit the motion to be filed with that justice, in which event the justice shall
note on the motion the date of filing and shall forward the motion to the clerk of the Supreme
Court.
(b) Service of All Papers Required. Copies of all papers filed by any party and not
required by these rules to be served by the clerk shall, at or before the time of filing, be
served by a party or person acting for that party on all other parties to the appeal. Service on
a party represented by counsel shall be made on counsel. In all cases a copy of any brief on
the merits shall be served on the judge who presided at the trial and, in criminal cases, with
the office of the District Attorney.
(c) Manner of Service. Service may be personal, or by mail, by electronic means in
conformity with procedures established by the Court, or, in limited instances, by facsimile
transmission. Personal service includes delivery of the copy to a clerk or other responsible
person at the office of counsel. Service by mail is complete on mailing. A paper may be
served by facsimile transmission only if it can be filed by facsimile transmission and only if
the person to be served is an attorney who has consented to receive facsimile transmissions.
An attorney may consent by including the attorney’s facsimile telephone number in the
letterhead or signature/address block of a paper the attorney files in the case. Consent may
be rescinded by serving and filing notice to the other parties to the appeal or review and to
the clerk of the Supreme Court. Service of a paper by facsimile transmission is complete
when the person transmitting the paper receives confirmation of receipt of the transmission
by the facsimile machine of the person served.
ii
(d) Proof of Service. Papers presented for filing shall contain an acknowledgment of
service by the person served or proof of service in the form of a statement of the date and
manner of service and of the names of the persons served, certified by the person who made
service. Proof of service may appear on or be affixed to the papers filed. The clerk may
permit papers to be filed without acknowledgment or proof of service but shall require such
to be filed promptly. The proof of service for a paper served by facsimile transmission shall
state the facsimile telephone number of the person to whom the paper was transmitted.
iii
EXHIBIT B
CONTENTS
Section 1. INTRODUCTION AND SCOPE OF ELECTRONIC FILING
........... 2
A.
Participants in Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B.
Training and Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C.
Definitions and Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D.
Selection and Designation of Cases for Electronic Filing . . . . . . . . . . . . . . . . . . . 3
Section 2. REGISTRATION
.............................................. 3
A.
Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B.
Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C.
Passwords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3. ELECTRONIC FILING AND SERVICE OF DOCUMENTS
........... 5
A.
Electronic Filing
.................................................. 5
B.
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
C.
Title of Documents
D.
Filing Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
E.
Errors in Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
F.
Service of Filed Documents on Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
G.
Acknowledgment of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
................................................ 7
Section 4. CONVENTIONAL FILING AND SERVICE OF DOCUMENTS . . . . . . . . . 8
A.
Conventional Filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1. Sealed Cases and Confidential Cases
.................................. 8
2. All Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Other Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B.
Service of Conventional Filings
...................................... 9
Section 5. TECHNICAL FAILURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A.
The Court’s System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B.
The Attorney’s System
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6. PRIVACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A.
Obligation to Protect Sensitive and Private Information . . . . . . . . . . . . . . . . . . . 10
B.
Exemptions From the Redaction Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C.
Filing Documents With Sensitive and Private Information . . . . . . . . . . . . . . . . . 12
D.
Waiver of Protection of Personal Data Identifiers . . . . . . . . . . . . . . . . . . . . . . . . 12
FORM 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1
APPELLATE E-FILING
ADMINISTRATIVE PROCEDURES
Section 1. INTRODUCTION AND SCOPE OF ELECTRONIC FILING
The following procedures govern the utilization of the appellate e-filing system with the
Clerk of the Supreme Court. These procedures may be amended from time to time. Persons
using the appellate e-filing system should consult the Mississippi Supreme Court’s
website [www.courts.ms.gov] for the most current procedures.
A.
Participants in Electronic Filing
The system permits attorneys to file documents with the Court from any
location over the Internet. While all parties, including those proceeding pro se,
have “read only” public access to documents filed, only registered attorneys,
as officers of the Court, are permitted to file electronically. Parties proceeding
pro se shall not file electronically unless said pro se party is a registered
attorney in good standing and admitted to practice in the Court.
B.
Training and Technical Assistance
These procedures govern use of the appellate e-filing system and are not
intended as a technical guide for the use of the system. Information regarding
the equipment needed to participate, as well as information on training and
access to computer-based tutorials, can be obtained from courts.ms.gov.
C.
Definitions and Instructions
The term “conventional filing” means presentation to the Clerk’s Office of a
hard copy of a document which cannot or should not be filed electronically.
The hard or paper copy should be accompanied by an electronic storage device
with the document in a text PDF file(s), if possible. If not, the document will
be scanned for inclusion as an image PDF unless otherwise provided in these
procedures. The “image” is not a searchable document; a text PDF is a
searchable document.
The term “document” shall include pleadings, motions, exhibits, declarations,
affidavits, memoranda, papers, orders, notices, and any other filing by or to the
Court, whether or not the document is electronic or a hard or paper copy.
“Hard copy” and “paper copy” are used interchangeably in these procedures.
2
“Electronic filing” means uploading a document in PDF format directly from
the registered user’s computer, to file that document in the Court’s case file
using the Court’s Internet-based system. Sending a document or pleading to
the Court via e-mail or facsimile does not constitute “electronic filing.”
The “E-Mail Address of Record” is the Internet e-mail address of each
attorney in the case as maintained by the system.
A “Filing User” is an attorney who is registered to use the system.
A “Notice of Electronic Filing” (NEF) is generated automatically by the
system upon completion of an electronic filing. The Notice of Electronic
Filing, when e-mailed to the e-mail addresses of record in the case, acts as the
proof of service.
The term “PDF” refers to Portable Document Format. A PDF document allows
anyone to open the converted document across a broad range of hardware and
software, with layout, format, links, and images intact.
D.
Selection and Designation of Cases for Electronic Filing
Unless otherwise permitted by these administrative procedures or unless
otherwise authorized by the Court, all briefs, motions, responses, and
compliance documents submitted for filing with the Clerk of the Supreme
Court may be filed electronically by a registered attorney beginning July 1,
2013. Beginning January 1, 2014, all briefs, motions, responses, and
compliance documents submitted for filing with the Clerk of the Supreme
Court shall be filed electronically by a registered attorney or shall be scanned
and uploaded to the system by the Clerk’s Office.
Section 2. REGISTRATION
A.
Eligibility
Attorneys admitted to practice in the Supreme Court and Court of Appeals,
including attorneys admitted to practice in those courts under the pro hac vice
or pro bono publicus provisions of the Mississippi Rules of Appellate
Procedure, may register as Filing Users. No other person may register as a
Filing User, even if he or she is a party proceeding pro se.
3
B.
Registration
1.
2.
Each attorney registering in the system will receive an Internet e-mail
message after his or her password has been assigned. This is to ensure
that the attorney’s Internet e-mail address has been entered correctly in
the system and to convey the login and password information to the
attorney.
3.
An attorney’s registration will constitute a waiver of conventional
service of documents. The attorney agrees to accept service of notice
of the electronic filing by authorized e-mail.
4.
C.
Attorneys should register with the system electronically by accessing
the Attorney Registration site at courts.ms.gov/mec/mec.html. Each
attorney in a law firm must register individually. Registration for the
appellate e-filing system shall be the same as for the Mississippi
Electronic Courts (MEC) system.
Attorneys are responsible for updating their mailing address or e-mail
address online through the e-filing system.
Passwords
Each attorney registered to participate in MEC is entitled to one system
password. An attorney’s MEC login and password will be utilized in both the
appellate e-filing system and MEC. Attorneys may change their own
passwords.
Pursuant to M.R.A.P. 46(d), every petition, motion, brief, and other paper shall
be signed by at least one attorney of record. An attorney’s password issued by
MEC combined with the user’s login identification serves as the attorney’s
signature for Rule 46 and other purposes. Therefore, it is imperative that an
attorney protect and secure the password issued by MEC. If there is any reason
to suspect the password has been compromised in any way, it is the duty and
responsibility of the attorney immediately to notify the MEC helpdesk. In the
event of the resignation or reassignment of the person with authority to use a
password, the attorney should change the password immediately.
4
No attorney shall knowingly permit his or her password to be utilized by
anyone other than an authorized employee of his or her office. Because the
login and password together constitute an attorney’s signature regardless of
whether the attorney personally uses the login and password or delegates that
authority to someone else, the attorney is responsible for safeguarding and
protecting his or her login and password at all times. Once registered, the
attorney shall be responsible for all documents filed with his or her password.
Section 3. ELECTRONIC FILING AND SERVICE OF DOCUMENTS
A.
Electronic Filing
1.
Electronically filed documents must meet the same requirements of
format and page limits as documents “conventionally filed” (as defined
in Definitions and Instructions) pursuant to the Mississippi Rules of
Appellate Procedure, except that the title of any brief submitted
electronically should be in Times New Roman font with a 30 point font
size, and the color requirements for brief covers shall not apply to
electronically filed documents.
2.
Any requirement in the Mississippi Rules of Appellate Procedure for
multiple copies of a document to be submitted with the original filing
shall not apply to a document filed electronically in the system.
3.
In order to file a document which requires leave of the Court, such as
an amicus or supplemental brief, the proposed document shall be
attached as an exhibit to a motion. If the motion is granted, the
attorney must electronically re-file the proposed document as an
independent document after entry of the Court’s order.
4.
Electronic transmission of a document consistent with these procedures
will, upon the complete transmission of the same to the Clerk’s Office,
constitute filing of the document for all purposes of the Mississippi
Rules of Appellate Procedure and will constitute entry of that document
onto the docket maintained by the Clerk pursuant to M.R.A.P. 45.
5.
The attorney filing a document is responsible for ensuring the complete
transmission of the document being electronically filed. A receipt
acknowledging the complete transmission of the document which has
5
been filed will appear immediately on the filer’s screen. Parties also can
verify the filing of documents by inspecting the Court’s electronic
docket sheet.
6.
7.
All documents which form part of a single pleading and which are
being filed at the same time may be filed electronically together under
one document number, e.g., the motion and a supporting affidavit, with
the exception of memoranda in support.
8.
B.
When a Filing User’s document has been filed electronically, the
official record is the electronic document stored by the Court, and the
filing party is bound by the document as filed.
In filing documents and attachments to documents, a filing party should
electronically image, i.e., “scan,” a paper exhibit that is less than ten
megabytes (10 MB) and submit the exhibit as an attachment in PDF
format. Some attached documents, whether a scanned exhibit or other
evidence, may exceed the 10 MB size requirement on the system. When
this occurs, the document shall be reduced to as many 10 MB “bundles”
as required to file the entire document. Each bundle is filed as a
separate attachment; the description of each attachment should identify
the document type and page numbers, i.e., “Exhibit 1 - Pages 1 - 43”or
“Exhibit 2 - Pages 44 - 83.” Attorneys are encouraged to file an Exhibit
List as the first attachment.
Signatures
A pleading or other document requiring an attorney’s signature shall identify
the attorney in the following manner, whether filed electronically or submitted
on disk or CD to the Clerk’s Office:
“s/(attorney name)” (e.g., s/Jane Doe)
Jane Doe
Mississippi Bar Number
Firm Name
Firm Address
Telephone Number
Fax Number
E-Mail Address
6
Electronically represented signatures of all parties and Filing Users described
above are presumed valid. An attorney challenging the authenticity of an
electronically filed document must file a timely objection to the document.
Documents which require more than one party’s signature must be filed
electronically by submitting a scanned document containing all necessary
signatures or by showing the consent of the other parties on the document.
C.
Title of Documents
The person electronically filing a pleading or other document will be
responsible for designating a filing event for the pleading or other document
by using one of the categories contained in the system. The filing event
selected serves only as a descriptive reference and does not alter the title which
appears on the pleading or document being filed.
D.
Filing Deadlines
Filing documents electronically does not alter any filing deadlines or any time
computation pursuant to M.R.A.P. 26. All electronic transmissions of
documents must be completed (i.e., received completely by the Clerk’s Office)
prior to midnight Central Standard (or Daylight Savings) Time. For the
filing to be completed, the filer must have received the Notice of Electronic
Filing from the Court. The Notice of Electronic Filing reflects the time the
electronic transmission of a document is completed. Accordingly, a document
will be deemed timely filed if the Notice of Electronic Filing reflects time prior
to midnight. However, a judge may order that a document be filed by a time
certain, which then becomes the filing deadline. Although documents can be
filed electronically 24 hours a day, filers are strongly encouraged to file all
documents during office hours.
E.
Errors in Filing
Once a document is submitted electronically, it becomes part of the court file,
and corrections may be made only by the Court and/or the Clerk’s Office. The
system will not permit the filing party to make changes to the document(s) or
docket entry once the transaction has been accepted, and the filer should not
attempt to refile the documents(s).
As soon as possible after an error is discovered, the party seeking correction
should follow the procedure set forth in M.R.A.P. 10(e).
7
F.
Service of Filed Documents on Parties
1.
2.
The filing party shall also serve those parties not designated or able to
receive electronic notice but who nevertheless are entitled to notice of
said pleading or other document in accordance with the Mississippi
Rules of Appellate Procedure, except as otherwise provided by order
of the Court. If such service of a paper copy is to be made, it shall be
done in the manner provided in the Mississippi Rules of Appellate
Procedure.
3.
G.
The system will generate a “Notice of Electronic Filing” when any
document is filed. This notice represents service of the document on
attorneys who are registered participants with the system. Except as
provided in Section 4, regarding conventional filing, the filing party
shall not be required to serve any pleading or other documents on any
party receiving electronic notice.
Service pursuant to Section 3(F)(1) will constitute service pursuant to
M.R.A.P. 25 and will entitle the party being served, as in conventional
service by U.S. mail, to the additional three days provided by M.R.A.P.
26.
Acknowledgment of Service
An acknowledgment of service is still a requirement when filing documents
electronically.
Section 4. CONVENTIONAL FILING AND SERVICE OF DOCUMENTS
A.
Conventional Filings
As used in these procedures, a “conventionally” filed or submitted document
or pleading is one presented to the Clerk or a party on paper or other
non-electronic, tangible format.
1.
Sealed Cases and Confidential Cases shall be not be included as part
of the appellate e-filing system. All documents in sealed and
confidential cases shall be submitted conventionally to the Clerk’s
Office for filing. Only authorized Court personnel will be able to view
docket entries and documents in these cases. Parties must not use the
8
Court’s electronic notice facilities to serve documents in sealed or
confidential cases. An NEF will not be sent on documents filed in
sealed and confidential cases. Service should be made in accordance
with the Mississippi Rules of Appellate Procedure, and an
acknowledgment of service must be attached to the filed document.
2.
All documents, except for briefs, motions, responses, and compliance
documents, shall be filed conventionally and not electronically.
3.
Other documents which also shall be filed conventionally and not
electronically unless specifically authorized by the Court:
a. Exhibits and other documents which cannot or should not be filed
electronically by conversion to a legible electronic form shall be
filed conventionally. Whenever possible, counsel is responsible for
converting filings to an electronic form. However, if that is not
possible, counsel shall electronically file a PDF document titled
Notice of Conventional Filing as a notation on the docket sheet
that filings are being held in the Clerk’s Office in paper form. A
sample Notice of Conventional Filing is attached as Form 1. If
documents are filed in paper format, counsel must provide an
original for the Clerk’s Office. A paper copy must be served on all
parties in the case.
b. Documents filed by pro se litigants shall be filed conventionally
unless said pro se party is a registered attorney. The Clerk’s Office
will upload these conventionally filed documents into the system.
c. Attorneys may apply to the Court for permission to file
documents conventionally. Even if the Court initially grants an
attorney permission to file documents conventionally, the Court
may withdraw that permission at any time during the pendency of
a case and require the attorney to file documents electronically
using the system.
B.
Service of Conventional Filings
Pleadings or other documents which are filed conventionally rather than
electronically shall be served in the manner provided for in the Mississippi
Rules of Appellate Procedure, except as otherwise provided by order of the
Court.
9
Section 5. TECHNICAL FAILURES
A.
The Court’s System
The Clerk’s Office shall deem the public website for the appellate e-filing
system to be subject to a technical failure on a given day if the site is unable
to accept filings continuously or intermittently over the course of any period
of time greater than one hour after 12:00 noon that day, in which case filings
due that day which were not filed due solely to such technical failures shall
become due the next business day.
When unable to file a document in a timely manner due to a failure of the
appellate e-filing system, a document may be filed conventionally, and the
filer shall explain the conventional filing by attaching a Declaration of
Technical Difficulties.
B.
The Attorney’s System
If the attorney is unable to file a document in a timely manner due to technical
difficulties in the user’s system (e.g., phone line problems, problems with the
filer’s Internet Service Provider (ISP), or hardware or software problems), the
attorney should file the document conventionally and notify the Court of the
inability to electronically file. Such notification may be made by attaching a
Declaration of Technical Difficulties, wherein he or she explains the inability
to file electronically.
Section 6. PRIVACY
A.
Obligation to Protect Sensitive and Private Information
To achieve the goal of promoting electronic access to case files while still
protecting personal privacy and addressing concerns created by Internet access
to court documents, counsel shall refrain from including, or shall partially
redact where inclusion is necessary and relevant to the case, the following
personal data identifiers from all pleadings and other papers filed with the
Court, including exhibits thereto, whether filed electronically or on paper,
unless otherwise ordered by the Court or except where otherwise specifically
required by rule or statute:
10
1.
Social Security numbers. If an individual’s social security number
must be included in a pleading, only the last four digits of that number
should be used.
2.
Names of minor children. If the involvement of a minor child must be
mentioned, only the initials of that child should be used.
3.
Dates of birth. If an individual’s date of birth must be included in a
pleading, only the year should be used.
4.
Financial account numbers. If financial account numbers are relevant,
only the last four digits of these numbers should be used.
5.
Home addresses to the city and state. All addresses shall be limited
to the city and state. No street addresses or apartment numbers should
be used.
The responsibility for redacting these personal identifiers rests solely with
counsel and the parties. The Clerk will not review pleadings for
compliance with this procedure. Attorneys also are advised to exercise
caution when filing documents that contain the following:
1) personal identifying number, such as driver’s license number;
2) medical records, treatment, and diagnosis;
3) employment history;
4) individual financial information; and,
5) proprietary or trade-secret information.
Attorneys are strongly urged to share this notice with all clients so that an
informed decision may be made about the inclusion of certain materials in
court documents.
Users are cautioned that failure to redact personal identifiers and/or the
inclusion of irrelevant personal information in a pleading or exhibit filed
electronically with the Court may subject counsel to the disciplinary and
remedial powers of the Court, including sanctions pursuant to M.R.A.P. 46.
B.
Exemptions From the Redaction Requirement
The redaction requirement shall not apply to the following:
11
1.
2.
C.
The record of a court, tribunal, or administrative proceeding, if that
record was not subject to the redaction requirement when originally
filed.
Documents filed under seal.
Filing Documents With Sensitive and Private Information
A party wishing to file a document containing the personal data identifiers
listed above may do so in the following manner:
1.
File an unredacted version of the document under seal, or
2.
File a reference list under seal. The reference list shall contain the
complete personal data identifier(s) used in its (their) place in the filing.
All references to the redacted identifiers in the case included in the reference
list will be construed to refer to the corresponding complete personal data
identifier. The reference list must be filed under seal, and may be amended
without leave of the Court.
The unredacted version of the document or the reference list shall be retained
by the Court as part of the record. The Court may, however, still require the
party to file a redacted copy for the public file.
D.
Waiver of Protection of Personal Data Identifiers
Users who file documents that include the items listed in Section 6(A) above
waive the protections of this Section 6. Parties aggrieved by the filing of such
information may seek relief by motion to the Supreme Court.
12
FORM 1
SAMPLE FORMAT
IN THE SUPREME COURT OF MISSISSIPPI
____________________
Appellant(s)
vs.
Case No. __________________
____________________
Appellee(s)
NOTICE OF CONVENTIONAL FILING
_____________________________________ is in paper form only and is being maintained
in the case file in the Clerk’s Office. This document has not been filed electronically because
[examples: the document or thing cannot be converted to an electronic format, the document
or thing is filed under seal, or the party is excused from filing this document or thing by court
order.]
If appropriate, the document or thing has been manually served on all parties.
Date: _____________________
/s/ [Name of Password Registrant]
Name of Password Registrant
Address
City, State, Zip Code
Phone: XXX-XXX-XXXX
Fax: XXX-XXX-XXXX
E-mail: XXX@XXX.XXX
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