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Unemployment Appeals

All individuals desiring to appeal a decision from the Mississippi Employment Security Commission Board of Review should throughly familiarize themselves with the following rules:

Rule 5.03

1. SCOPE OF APPEALS FROM ADMINISTRATIVE AGENCIES

On advances from authoritative organizations the court will just engage an interest to decide whether the request or judgment of the lower specialist:

  1. Was upheld by generous confirmation; or
  2. Was self-assertive or eccentric; or
  3. Was past the energy of the lower specialist to make; or
  4. Abused some statutory or protected right of the griping party

Rule 5.04

1. NOTICE OF APPEAL

The gathering seeking to advance a choice from a lower court must document a composed notice of advance with the circuit court representative. A duplicate of that notice must be given to all gatherings or their lawyers of record and the lower court or lower specialist whose request or judgment is being advanced. A testament of administration must go with the composed notice of claim. The court agent may not acknowledge a notice of advance without an authentication of administration, unless so coordinated by the court in composing. In all interests, regardless of whether on the record or by trial once more, the notice of claim and installment of costs must be all the while documented and paid with the circuit court representative inside thirty (30) days of the passage of the request or judgment being bid. The convenient recording of this composed notice and installment of expenses will culminate the interest. The litigant may continue in forma pauperis upon composed endorsement of the court going about as the investigative court. The composed notice of claim must determine the gathering or gatherings taking the interest; must assign the judgment or request from which the interest is taken; must state on the off chance that it is on the record or an interest all over again; and must be routed to the suitable court.

Rule 5.06

1. BRIEFS ON APPEALS ON THE RECORD

Briefs filed in an appeal on the record must conform to the practice in the Supreme Court, including form, time of filing and service, except that the parties should file only an original and one copy of each brief. The consequences of failure to timely file a brief will be the same as in the Supreme Court.


[ Download Sample Appellant Brief ]

The following is a condensed flowchart outlining the appeals process:

  1. Document notice of bid
  2. MESC Answers and submits record and transcript
  3. Petitioner/Appellant has forty days to audit record and transcript and document brief
  4. MESC/Appellee has thirty days in the wake of getting claimant�s brief to record reaction brief
  5. Petitioner/Appellant has 14 days subsequent to getting MESC brief to record answer brief
  6. Court surveys briefs and issues choice

***Claimant appellant must serve the MESC with copies of all filings/briefs***