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[Renumbered and codified by order of the Supreme Court effective May 18, 2006.]
The purpose of these rules is to continue the fair and orderly dispositionof civil actions filed in the Tenth Chancery Court District of Mississippi. These rules shall govern the management and disposition of all civil actions filed in this district.
These Local Rules shall be effective upon the approval of the Supreme Court of Mississippi. All amendments to these Rules shall be by Order of the Court and shall require the approval of a majority of the Chancellors of the District and of the Supreme Court of Mississippi.
(a) The ChanceryCourt of the TenthChanceryDistrict shall be in continuous terms ineach county of the District. The Court Calendar or Docket shall not be called at any time except by special order of any Chancellor or Chancellors of the District with proper notice being given at least thirty (30) days in advance to the attorneys of record or unrepresented parties.
(b) All civil actions filed in this District shall be assigned equally and randomly among the three Chancellors. The assignment of a civil action is permanent unless, for good cause stated, the assigned Chancellor transfers the case to the general docket for reassignment by way of Order or Recusal.
(c) The assigned Chancellor shall have the sole responsibility for the management and disposition of all cases assigned to his docket.
(d) If an assigned civil action is settled, the case may be presented to any Chancellor for Final Order provided the assigned Chancellor or his Court Administratoris notified immediately by the attorneys of the final dispositions and approval given for another Chancellor to sign the order.
(e) If an assigned non-contested divorce or an irreconcilable differences divorce is heard as an accommodation by another Chancellor, the case shall nonetheless remain the assigned Chancellor’s case for all future action.
(a) The Senior Chancellor shall prepare and publish an annual schedule for Ex Parte Days (Mondays) to be held each month in each county for the conduct of court business.
(b) Unless otherwise permitted bythe presiding Chancellor or his Administrator, all Ex Parte Days are reserved exclusively for non-contested matters as well as any conferences set in advance by the presiding Chancellor’s Court Administrator.
Trial shall be set in the following manner after completion of discovery:
(a) By agreement of the parties with the approval of the Court Administrator of the assigned Chancellor as to the time and place;
(b) UponMotionfor TrialSetting of a party and properly noticed to other parties. The return date for such motion shall be provided by the Court Administrator of the assigned Chancellor upon request; or
(c) By the Court after proper notice to the parties.
(d) After trial is set, the Court Administrator shall mail notice of the trial date and location to all attorneys of record or unrepresented parties.
(a) Motions not requiring testimony and which can be heard in less than fifteen (15) minutes shall be treated as non-contested matters and willbe heard on Ex parte Days after the other matters have been completed.
(b) Pleadings to Modify and pleadings for Citations for Contempt shall be treated as Complaints to Modify and Complaints for Citationfor Contempt and shall be heard as contested matters and therefore set for hearing by the Court Administrator.
(c) [Section (c) of Rule 4, having been disapproved by the Supreme Court, has been deleted.]
(d) Temporary Restraining Orders are to be presented to the assigned Chancellor. However, in the event that the assigned Chancellor is not available, outside of the district or upon approval of the assigned Chancellor and the matter is of a truly emergency nature, it may be presented to any available Chancellor, who may act for and on behalf of the assigned Chancellor.
(e) Upon filing of any post-trial or post-judgment motions, a copy of such motion shall be forwarded immediately to the presiding Chancellor, and subsequently set for hearing and/or conference by the Court Administrator of the assigned Chancellor.
(a) In all civil actions governed by M.R.C.P. 81(d) the summons shall be made returnable to a scheduled Ex Parte Day of the assigned Chancellor unless another date is obtained from the Court Administrator for the assigned Chancellor and a Setting Order presented to the Chancellor to authorize issuance of such process. If any case is not heard on the date set for originalhearing, the process maybe preserved by compliance with M.R.C.P. Rule 81 and Notice of the new hearing date shall be given by Plaintiff, all as provided byM.R.C.P. 5(b). All trial dates shall be provided by the Court Administrator for the assigned Chancellor.
(b) AnyM.R.C.P.81 process returnable to a regularly scheduled Ex Parte Dayshallbe considered as a return day only. If the Respondent or Defendant appears to contest the matters asserted in the Complaint, a later trial date will be set by the Court Administrator ofthe assigned Chancellor; otherwise, the case may be proceeded upon at the time provided no testimony is required of record.
[ Rule 6, having been disapproved by the Supreme Court, has been deleted.]
(a) This Court encourages the use of informal conferences for the purpose of settlement or resolution of pre-trial issues.
(b) The Court Administrator of the assigned Chancellor will provide, uponrequest, available dates for informal or formal (M.R.C.P. 16) conferences.
All attorneys are expected to be familiar with the Uniform Chancery Court rules and particular attention is invited to the following:
Rule 1.08 WITHDRAWAL OF COUNSEL
Rule 6.08 ALLOWANCE FOR SUPPORT OF WARD
Rule 6.13 PLEADINGS MUST BE SWORN TO
Rule 7.02 RETURN ENVELOPE MUST BE ENCLOSED
Rule 8.05 FINANCIAL STATEMENT AND DISCLOSURE REQUIRED
Rule 8.06 CHANGE OF ADDRESS OF CHILDREN
[Adoptedby order entered October 25, 1991 and approved by the Supreme Court by order entered June 24, 1992.]