(a) Each term of the Circuit Court shall be opened formally in a fitting and dignified manner which shall be prescribed by the judge.
(b) There shall be no disturbance of the court by unnecessary noise or conversation and no disorderly conduct, such as standing along or sitting upon the rail of the bar, or sitting upon or putting feet upon the tables, and there shall be no demonstration of approval or disapproval at any stage of a trial or upon the rendition of the verdict, and the judge may order the courtroom cleared of spectators if this rule is not respected and obeyed.
There shall be no smoking, eating or drinking (water excepted) in the courtroom.
There shall be no solicitation of funds in the courtroom.
No person shall use profane or vulgar language or undertake to tell any indecent anecdote in court during its sessions.
Only officers of the court, attorneys, judges and members of the press and litigants, or one representative of a litigant, in the case on trial, may be allowed within the rail constituting the bar of the court.
In the interest of security, all persons entering the courtroom may be searched to determine if they are carrying a weapon.
(c) It shall be the duty of the sheriff to enforce this Rule.
Any person offending against these Rules may be punished as for contempt.
All corporations that are party plaintiffs must be represented by a member of the bar, whose name must appear on the pleading prior to the filing of the pleading.
No person shall undertake to discuss with or in the presence or hearing of the judge the law or the facts or alleged facts of any litigated case then pending in the court or likely to be instituted therein, except in the orderly progress of the trial, and arguments or briefs connected therewith; nor attempt in any manner, except as stated above, to influence his decision in any such case or matter.
No record, or any part of a civil or criminal file of court papers shall be taken from the clerk's custody without a written order from the judge to the clerk to that effect; and the clerk in civil cases shall keep a register of all files checked out by attorneys, and where, by permission of the court, papers are allowed to be taken from the clerk's custody, the same shall be redelivered to the clerk on the day provided for in the order from the judge, or before the opening of the next term.
Before docketing an appeal case from a justice of the peace or county court, the clerk shall make certain that all the necessary papers are present, including the transcript of the record of the justice or judge. If said transcript is not complete he shall see that all necessary papers are present before filing and docketing said appeal.
No district attorney, county attorney, attorney at law, county or county district officer, or any other officer of the court shall sign bonds in civil or criminal cases, either from the lower courts to the circuit court, or from the circuit court to the Supreme Court of the State. It shall be the duty of each circuit judge to so instruct such officers at the time he delivers his charge to the grand jury, and also to instruct all inferior officers not to accept bonds with the names of any such persons or attorneys signed to them as sureties. All bonds when executed shall be delivered promptly by the sheriff, or other officer granting said bond, to the circuit court. The circuit court shall file and keep these bonds separately in a safe place where they can be safely kept for presentation at the trial of said cause.
[Deleted October 26, 1982.]
Judgments on forfeited recognizances or bonds will not be set aside unless it be made to appear to the court that the default was unavoidable and final judgment will be rendered at the term to which the scire facias is returned executed.
The Circuit Judge should wear a judicial robe at all times when presiding in open court. However, this is discretionary where court facilities make it infeasible.
With the exception of default or agreed orders and judgments, all orders and judgments to be signed by the Court shall be submitted to the Court by an attorney and not through the Clerk or through the correspondence, unless otherwise permitted by the Court.
When an attorney makes an appearance for any party in a case, the attorney will not be allowed to withdraw as counsel for the party without the permission of the court.
The matter of docket setting, the handling of vacation matters, and the time of starting court are administrative practices of the local courts, and attorneys having such cases or practicing before such courts should contact the clerks of such courts to ascertain the practices of the local courts.
There shall be no additional local rules of circuit court unless adopted by a majority of the Circuit Judges Section of the Mississippi Conference of Judges and approved by the Supreme Court of Mississippi.
(a) When any original pleading is filed, the party filing the same shall leave with the Clerk a copy for each defendant, which on request shall be delivered by the Clerk to the defendants, or their attorneys. A copy of all subsequent pleadings and motions, including motions for a new trial, shall be delivered in person or by mail to opposing counsel and shall contain the certificate of the attorney filing them that a correct copy has been furnished the opposite party, or if he has an attorney, to his attorney.
(b) The statutory time limit for the filing of an answer or any other pleading must be strictly complied with. All extensions of time must be granted by written order of the court and informal agreements between counsel regarding time extensions will not be considered by the court. Pleadings which have not been timely filed may be stricken by the court without notice to counsel.
Cases upon the civil issue docket, where process has not been served or where process has been served, and that have been called for trial for two terms of court, without any step taken, or trial demanded, shall be dismissed as stale, at plaintiffs cost without notice, unless good reason be shown for a further continuation; and no cause that has been so dismissed shall be reinstated without affidavit setting forth good reason for reinstatement.
The court or judge in any civil action may at the request of counsel representing the plaintiff or the defendant, or in its own discretion direct the attorneys for the parties to appear before the judge for a pre-trial conference to consider any matters as may aid in the simplification of the issues, the obtaining of admissions of fact and of documents which will avoid unnecessary proof, and any other matter which may aid in the disposition of the action.
The court may in its discretion direct counsel representing both parties to submit trial briefs on the issues contested.
Requests for subpoenas must be made in writing and delivered to the Clerk at least one week before the day the case is set for trial, giving location of witnesses and other information, so as to furnish sure guides to the officer serving the subpoena, which request shall be preserved by the Clerk. And service shall be required on a witness but once, but when a case is continued witnesses must be notified when to return, by the respective attorneys.
It shall be the duty of the movant, when a motion or other dilatory pleading is filed, including motions for a new trial, to pursue said motion to hearing and decision by the court during the term at which the motion is filed, or at the next term of the court, after filing of the motion, if filed in vacation. However, if approved and allowed by order of the court, the matter may be taken out for hearing in vacation or at a subsequent term. Failure to comply with the above procedure shall be considered to be an abandonment of said motion or dilatory pleading.
Motions for security for costs must be made, as far as reasonable, without unnecessary burden to the plaintiff, and to that end shall be filed, and where practicable, notice given to the opposite party at least three days before the date fixed for trial; and where this is not done, and witnesses are present and cost incurred, the motion will not be entertained.
All discovery shall be completed within ninety days from service of an answer by the applicable defendant. Additional discovery time may be allowed with leave of Court upon written motion setting forth good cause for the extension. [Amended November 29, 1984.]
[Deleted October 26, 1982.]
At least twenty-four hours prior to the time that a case is set for trial, each of the attorneys shall number and file his jury instructions with the Clerk and submit to opposing counsel a numbered copy of the instructions so filed in the case. Except for good cause shown, the Court will not entertain a request for additional instruction or instructions, which have not been pre-filed.
[Deleted October 26, 1982.]
No civil case which has been set down for trial by order of the Court shall be continued or rescheduled for trial except by order of the Court.
For failure of counsel to notify the Court of settlement of his case after it has been set down for trial before 5:00 P.M. on the day before the trial, or for failure to try his case, the Court may, in its discretion, assess all costs, including fees and mileage of jurors who have been notified and required to be present for the trial, against whichever party litigant it deems appropriate.
Each summons shall include an instruction that an answer or other responsive pleading is required and that such pleading must be filed by the first day of the next term of court or within thirty days of the date of service, whichever is sooner. The form of the summons shall be substantially as follows:
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State of Mississippi )
) Case No. _____
County )
To the Sheriff of . GREETING:
You are Hereby Commanded to Summon if to be found in your county to file an answer or other responsive pleading to the declaration of in the Circuit Court of County at the Court House of said county in , Mississippi on or before the Monday in , 19 , being the day of , 19 , or within thirty days after service of this process whichever causes the pleading to be filed earlier.
Given under my official signature and the seal of said Court on this the day of , 19 .
____________________________________
Circuit Clerk of ___________________
County, Mississippi
All jurors, officers of the court, witnesses and attorneys, whose presence is necessary for the trial of the cases set down for that day shall be on hand promptly at the time fixed for the opening of the court.
In the voir dire examination of jurors the attorney shall direct his questions to the entire panel and shall be permitted to examine an individual juror only when the answer to the question propounded to the entire panel makes such separate examination proper, or for good cause stated by counsel to the court. The attorney shall not propound hypothetical questions that would tie the jury down to finding a particular verdict in a hypothetical situation. In civil cases the voir dire examination shall be limited to fifteen minutes.
Counsel shall not in the summation to the jury abuse or personally criticize opposing counsel. Counsel shall not call any juror by name, slap, pat, or have any personal contact with the jury whatsoever, nor attempt to converse with or solicit audible answers from the jurors individually.
In the argument to the jury, counsel will be required to keep within proper bounds, and any attempt to inject improper matter should be stopped by the court without the necessity of objection by counsel; but the court's failure so to do, where there is no objection made, will not constitute a ground for exception.
In their closing argument the attorneys will refrain from thanking the jury for acting as jurors and after return of a verdict by the jury neither the attorneys, parties, nor spectators shall offer their congratulations or thanks to the jury for the verdict returned.
The parties may request that the witnesses be excluded from the room. Where the rule is invoked the Court may require the parties or their representatives excused from the rule to testify before any witness for them testifies. If a party refuses to testify before such witness is examined, he may be put under the rule while the witness is being examined.
The examination of witnesses shall be limited to the direct examination, the cross-examination, and the redirect examination concerning matters brought out on cross-examination. The same attorney must conduct both the direct examination and the redirect examination, and only one attorney will be allowed to cross-examine the witness.
In all cases the examination must be conducted in an orderly and decorous manner without improper interruptions from opposing counsel except for the purpose of interposing objections. Counsel and witness must be courteous to each other. Counsel shall not abuse and mistreat witnesses and the witnesses shall show counsel proper respect. If a witness shall attempt to evade or refuse to answer any proper question, the Court will, on request of counsel, require the witness to answer. All objections to testimony must be made to the judge and not to opposing counsel. The objection must be specific and not general. Counsel will not be permitted to argue between themselves. Irrespective of personal feeling opposing counsel shall be respectful to the Court and to each other. The attorneys shall stand when addressing the Court, examining witnesses, and addressing the jury except when excused for good cause by the Court.
The attorney shall limit himself to asking questions and shall refrain from making statements, quips, or side remarks in his examination of a witness. This, however, shall not preclude the necessary statement of facts in propounding a hypothetical question.
Leading questions will not be allowed by the party having the affirmative, except where proper, and specifically allowed; nor shall counsel be allowed to ask the witness again a question where there had been a full answer given to the question; but this rule shall not apply rigidly to cross-examination, where more latitude may be required to test the truthfulness, bias, or interest of the witness. And it shall be the duty of the Court to enforce this rule of its own motion and without objection being made, but the Court's failure so to do, where there is not objection made, will not constitute a ground for exception.
No subpoena instanter shall issue, during the trial of a case, without the consent of the Court.
In civil cases neither the plaintiff nor the defendant shall summons numerous and unnecessary witnesses to repeatedly prove the same fact or set of facts. The court or judge may, in his discretion, tax the per diem and mileage of all such unnecessary witnesses against the party causing them to be summoned, whether they be called to testify or not. And in all cases the mileage and per diem of all witnesses who are not called to testify shall be taxed against the party causing them to be summoned, unless good cause to the contrary be shown. Conference with witnesses must be had prior to the commencement of trial, and will only be allowed afterward as to witnesses inaccessible before that time.
After the opening argument to the jury counsel for opposing side will not be allowed to submit the case and cut off further argument, unless before the argument begins they announce that they will not argue the case.
At least twenty-four hours prior to the time that a case is set for trial each of the attorneys shall number and file his jury instructions with the clerk and submit to opposite counsel a numbered copy of the instructions so filed in the case. When the requested instructions are submitted to the Court at the conclusion of the taking of testimony, the opposing attorney shall dictate into the record his specific objections to the requested instructions and specifically point out his ground for objection.
The Circuit Judge may instruct the jury. His instructions shall be in writing and shall be submitted to the attorneys who shall dictate their specific objections into the record.
The attorneys may submit no more than six instructions on the substantive law of the case.
The Court's instructions shall be numbered and preceded by the letter "C." The Plaintiffs instructions shall be numbered and preceded by the letter "P." The Defendant's instructions shall be numbered and preceded by the letter "D." The State's instructions shall be numbered and preceded by the letter "S."
All instructions by parties shall otherwise not be identified as being given by the parties or the state.
All instructions shall be read by the Court, shall be available for the attorneys during their argument, and shall be carried by the jury into the jury room when they retire to consider their verdict.
Instructions will not be given after argument has begun except in extreme cases of injustice, and in such cases the adverse parties shall have an opportunity to submit other instructions. [Amended October 26, 1982.]
Jurors are not permitted to mix and mingle with the attorneys, litigants, witnesses and spectators in the courtroom, corridors, or restrooms in the courthouse. That means that the Court must instruct the jurors that they are to avoid all contacts with the lawyers, litigants, witnesses or spectators.
Rules affecting appeals to this Court from the following tribunals:
County Court
Board of Supervisors
Official Council of Mayor and Commissioners, Counsel or Alderman of any Municipality of this County
Workmen's Compensation Commission
Mississippi Public Service Commission
Employment Security Commission
State Tax Commission
Oil and Gas Board
Any Board, Bureau or Commission of the State of Mississippi which in the exercise of discretion may enter a judgment, order or rule, subject to appeal to Circuit Court.
Any public officer of the State of Mississippi exercising discretion in any matter of public interest, which by statute may be appealed to the Circuit Court of this County.
Any body politic exercising discretion and constituting a court of special and limited jurisdiction from which appeals by statute are allowable to the Court.
After the record of proceedings in the lower court upon which the appeal is based is filed with the Clerk of the Court, the appellant shall, within thirty (30) days, file his assignment of error and brief, and shall signify whether or not oral argument is desired.
Within twenty (20) days after said proceedings mentioned in Rule 4.01 have been complied with, the appellee shall file his reply brief, along with the notification of whether or not he desires the case to be submitted upon the record and supplementary briefs, or requests oral argument in addition thereto, provided appellant has not signified a desire for oral argument. Appellant, at his election, shall within ten (10) days file a reply brief.
After the record is filed in this Court, if no action is taken by the appellant and none of the requirements of the above have been complied with, after sixty (60) days the appeal may be dismissed and the judgment of the lower Court reentered.
Appeals shall be heard at any time during term time or during vacation upon agreement of the parties in all cases where compatible with the statutes or not prohibited thereby.
[Deleted October 26, 1982.]
The Mississippi Rules of Civil Procedure as adopted and amended by the Mississippi Supreme Court shall control to the extent that they may be in conflict with these Uniform Rules of Circuit Court Practice; otherwise these rules apply. [Adopted October 26, 1982.]