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Local Rules for the Fifteenth Circuit Court District of Mississippi

RULE 1

The Circuit Court should meet in every province as indicated by the terms set up by Order entered every year in accordance with Section 9-7-3(2) of the Mississippi Code of 1972 as revised, and Court will assemble at 9:00 a.m. unless lawyers are generally advised by the Circuit Clerk or the court executive. Court terms might be separated between Place 1 and Place 2, according to Exhibit "An" appended hereto and made a section in this regard as if replicated finally in this.

RULE 2

The fifteenth Judicial Circuit Court District should use a "Place System" for relegating common cases. The Place System might be filled by status in the first place, and should future judges have break even with position, at that point the framework might be filled one after another in order. As of the appropriation of this RULE Judge Prentiss Harrell is the senior judge in the District and fills Place 2, Judge Anthony Mozingo fills Place 1. The Circuit Clerk of every County of the District might keep a different Judges' polite docket for each Place and cases should be doled out to each Place by the main letter of the last name of the Judge. Endless supply of the grumbling the representative should document the protest and relegate a case number yet not a judge. The gathering displaying an objection to the assistant might give a 3" x 5" record card expressing the name of the primary offended party versus the name of the main litigant which the agent might put in a crate. Toward the finish of the work day the assistant might haphazardly figure out which Judge will get the principal case drawn by rolling a six-sided bite the dust with 1-3 speaking to Place One and 4-6 speaking to Place Two. Should a third judge be added to the District, 1-2 might speak to Place One, 3-4 might speak to Place Two and 5-6 might speak to Place Three. In the wake of figuring out which Judge will get the main case drawn, the assistant might then draw out the list cards and relegate Judges in like manner. Should a third judge be added to the District, in the wake of figuring out which Judge will get the primary case drawn, the assistant might dole out cases in rising request. Once a case is doled out to a Judge by the letter framework, that Judge should deal with that case until conclusive attitude. For good aim, a Judge may exchange a case to another Judge of the District for that Judge's dealing with and, upon exchange, the agent is to include a hyphen and the letter of that Judge's Place to demonstrate the case has been exchanged. This RULE is for the task of common cases just and might not be utilized as a part of the task of criminal cases.

RULE 3

The Circuit Clerk of every province of the District might keep up a trial schedule as gave according to RULE (40)(a) of the Mississippi RULEs of Civil Procedure. Said date-book might contain all cases pending in said province in which issue has been joined and that, unless generally told, the trial schedule should be approached the main day of each term of Court at 9:00 a.m. what's more, the Circuit Clerk might inform the lawyers of record or the gatherings, if not spoken to by direct, of the calling of said trial timetable no less than five days ahead of time thereof. In the event that either judge chooses to call his trial date-book in any area other than on the main day of a standard term in that, he should tell said Circuit Clerk in composing of the date, time, and place of the calling of such trial schedule and, no less than five days before said date, the Circuit Clerk might inform all lawyers of record and gatherings, if unrepresented, of the calling of such trial timetable in and for said province. That, at the calling of the said trial schedule, each case put subsequently might be set for trial inside the time allotment set out in RULE 40 unless preceding the calling of said trial date-book the offended party or litigant, according to RULE 26(c), demands a revelation meeting with the Court and state in that that said matter is still needing disclosure and is not, around then, prepared for trial. That upon such notice by either the offended party or litigant, the Court, at the calling of said trial timetable, should plan said case for a RULE 26(c) gathering as opposed to for trial.

RULE 4

The Circuit Clerk will keep up in a trial docket compliant with RULE 40 of the Mississippi RULEs of Civil Procedure whereon might be kept the cases set for trial at the calling of the trial date-book. All other trial settings must be set through the court executive, and upon the lawyers setting a trial date through the court manager the Clerk should be told in composing by the gatherings to set the case for trial on the date as consented to between the gatherings and said case might then be put on the trial docket notwithstanding the cases set amid the calling of the trial date-book. Once a case is determined to the trial docket, either by setting at the calling of the trial timetable or by assention of the gatherings, no continuation will be permitted without a pre-trial meeting with the Court no less than one week preceding trial date and after that exclusive on great purpose appeared. No case can be set authoritatively aside from the following consistent term of Court even by understanding of the gatherings.

RULE 5

All other cases then pending in each county which are not listed on either the trial calendar or trial docket shall be maintained on the general docket in and for said county. That on the first Monday of each Court term in and for each county the general docket shall be called by the Court. At the call of the general docket, each attorney shall be required to make an appropriate announcement, which announcement shall be limited to the following:

1) the case may be set for trial or for preliminary matters, 2) the case may be dismissed, 3) a default judgment may be taken, 4) the case may be set for call on the last Friday of the term, and 5) the case may be continued for good cause shown.

RULE 6

Whenever an announcement of final disposition is made to the Court, a final order must be submitted to the Court on or before the last day of the term, or said case will be dismissed.

RULE 7

When a case is settled in vacation the Clerk will immediately be notified and the case removed from the Circuit Court docket.

RULE 8

With an end goal to keep each affable docket in a present status, the trial Judge for each place should have the natural expert to set for pre-trial any case showing up as one of the most seasoned 20% of the cases on the docket. Said setting might be done in accordance with RULE 2.03 Uniform Circuit Court RULEs, and upon the setting by said Court, the Circuit Clerk should inform the gatherings required in said activity no less than five days before the pre-trial meeting of said setting. The reason for said pre-trial meeting is for the Court to determine the status of said case and to mitigate any issues required in said case with the intention being to get ready said case for trial as speedily as could be expected under the circumstances. That if either party neglects to show up at said pretrial gathering upon legitimate warning by the Clerk, and neglects to tell the Court ahead of time of their failure to go to as required, suitable authorizations can be taken by the trial Court.

RULE 9

Gatherings to common activities are urged by the Court to endeavor settlement of each case on the docket. On the off chance that the Court, in its tact, finds that a case has been set for trial and one of the gatherings has neglected to endeavor to settle the case until the date of trial and afterward endeavors genuine settlement arrangements, which had they been taken before would have brought about the settlement of the case preceding the trial day, the Court may, in its attentiveness, evaluate the real cost to the province of the jury in participation on that date to any gathering that the Court finds did not take part in earlier determined endeavors to settle the case.

RULE 10

All cases dismissed pursuant to RULE 41(a)(1) shall be dismissed by order pursuant to said RULE signed by the judge to which the case was assigned and said order shall be placed of record in the minutes of the Court as any other order.

RULE 11

At 1:00 p.m. on the main Monday of all court terms, Motion day might be held according to RULE 78 of the Mississippi RULEs of Civil Procedure, wherein movements might be introduced on cases appointed to that Judge on whatever other movement requiring declaration, should be set at a proper time by earlier plan with the Court. The lawyer bringing the movement might be in charge of having the court document and telling the Court and the contradicting lawyer of the movement and when it is to be listened. The Circuit Clerk where the court is sitting should keep a timetable of all movements booked for encouraging the demeanor of movements. Lawyers having movements in accordance with RULE 56 or 57, or movements requiring declaration, should apply to the correct Judge wherein said case is pending for a period, place, and setting of the movement and, upon the setting by the best possible Judge, the moving lawyers might advise restricting advice in accordance with the Mississippi RULEs of Civil Procedure.

RULE 12

The moving party of any motion set to be heard in vacation shall be responsible for procuring the court file for the out-of-term hearing. The Circuit Clerk shall release the file to the moving party’s attorney prior to the motion hearing. The attorney shall return the complete file no later than three (3) days after the hearing. If the attorney fails to comply, he or she will be sanctioned by the Court.

RULE 13

Every attorney who practices within the Circuit Court of the 15th Judicial District shall provide the Court with a current e-mail address. As with all contact information, all members of the Bar shall keep the Court apprised of any updates to his or her contact information.

RULE 14

All Civil and Criminal trial and motion hearing settings shall be set through the court administrator’s office prior to filing of the Notice of Hearing with the Clerk’s office. Attorneys shall provide a copy of the Notice of Hearing and a copy of motions, exhibits, etc. to the court administrator immediately after setting the case for a hearing.

RULE 15

All proposed jury guidelines for common cases should be given to the Court the Friday preceding Jury Selection. Also, all proposed, uncommon jury guidelines for criminal trials might be given to the Court the Friday before Jury Selection. This RULE is not expected to influence at all, including without confinement the due date for lawyers to record their directions with the assistant, the prerequisites put forward in RULE 3.07 of the Uniform RULEs of Circuit and County Court Practice.

RULE 16

All attorneys and court staff shall be responsible for reviewing our District’s website at www.15thjudicialdistrict.com preceding Court to guarantee that everybody knows about the case settings for the next day. Further, if the lawyer or court staff part finds any error between his or her timetable and the trial or movement settings as they show up on the site, he or she should quickly contact the court manager's office to amend the inconsistency.

[Adopted by arrange entered July 25, 1986 and affirmed by Supreme Court by arrange dated April 14, 1993; corrected by arrange entered June 27, 2003 and endorsed as altered by Supreme Court by arrange entered September 4, 2003;approved as changed by Supreme Court by arrange entered November 17, 2011.]