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ISSISSIPPI RULES ANNOTATED 2012EDmON For additional copies, please visit our online bookstore at www.lexisnexis.com/bookstore or call customer service at 800-533-1 637 Item #44510 LexisNexIs LexisNexisandtheKnowledgeBurstlogoareregisteredtrademarks ofReedElsevierPropertiesInc., usedunderlicense. ©2012LexisNexis,adivisionofReedElsevierInc.Allrightsreserved. Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmscode1972court CODE MISSISSIPPI 1972 ANNOTATED ADOPTED AS THE OFFICIAL CODE OFTHE STATE OF MISSISSIPPI BYTHE 1972 SESSION OFTHE LEGISLATURE COURT RULES 2012 Edition Prepared by the Editorial Staffofthe Publisher LexisNexis QUESTIONSABOUTTHIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthis publication,orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCEconcerningreplacementpages, shipments,billingorother matterspleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-421-3000 FAX 518-421-3854 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS,pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStates andCanada 518-487-3000 Copyright©2012 by THE STATE OF MISSISSIPPI and Matthew Bender & Company, Inc. a memberofthe LexisNexis Group All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark of Reed Elsevier Properties, Inc., used under license. Matthew Bender is a registered trademark ofMatthew Bender Properties, Inc. 4459023 ISBN 978-0-7698-5208-9 '* LexisNexis' Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA 22902-5389 www.lexisnexis.com (Pub.44510) PREFACE Use of2012 Edition; format. The 2012 Edition ofthe Mississippi Court Rules Annotated is a pubHcation of LexisNexis. It has been edited, annotated and indexed by the staff of the pubhshers. It is pubhshed in soft cover and is replaced annually. All changes and additions to the Rules, the official Comments and Notes, and the Forms are reflected in each year's edition and the annotations are reviewed and updated, providing the user with the most current and useful information. This edition includes the rules ofthe State and local courts, as well as the rules offederal courts in andforthe State ofMississippi. The Table ofContents in this edition contains a complete listing ofall ofthe Rules. In addition, each set ofRules contains its own table ofcontents and index. The Court Rules are intended to accompany the Mississippi Code of 1972 Annotated. The format and style ofthe Code has been adhered to as closely as possible for purposes ofconsistency and for the convenience ofthe users ofthe Rules. Scope ofrules and annotations. This edition includes all changes and additions to the Rules, the official Comments and Notes, and the Forms that have taken place since their initial issuance up to and includingAugust 2, 2012. In addition, notes construingthe Rules have been taken from the reports of decisions of the local and federal courts in cases arising in Mississippi since the issuance ofthe Rules. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that are readtocreate annotationsforthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecent cases annotatedmaynotyethave printreportercitations. These will be provided as they become available through later publications. This publication contains annotations taken from decisions of the Missis- sippi Supreme Court and Court ofAppeals and decisions of the appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series iii PREFACE American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Among the annotations are Editor's notes inserted by the publisher's editorial staffto explain references, call attention to obvious errors, inconsis- tencies or ambiguities in the Rules, the official Comments, Notes, and Forms, and to alert users to suggested new rules and introduce major changes. Also, when necessary brackets have been inserted around material in the text to correct misspellings, punctuation or language errors and incorrect references to the Rules, sections ofthe Code, titles ofpositions, or names ofinstitutions. Amendments, additions, changes, and revisions ofrules. Amendments, additions, changes, and revisions received since the March 2012 Supplement ofthe Mississippi Court Rules are to the following: Appellate Rules ofProcedure Rule 6, 22, 28, 29, 31, 32, and 46 Information, suggestions, comments, and questions. Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. For further information or assistance, please call us toll free at (800) 833-9844, fax us toll free at (800) 643-1280, email us at [email protected], orwrite to: Mississippi Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. October 2012 LexisNexis IV USER'S GUIDE This guide is designed to help both lawyer and layperson get the most out of the Mississippi Court Rules Annotated. Information about key features of the Court Rules and suggestions for their more effective use are given under the following headings: — General Information — Analyses — Attorney General Opinions — Cross References — Editor's Notes — Index — Judicial Decisions — Research and Practice References Ifyou have a question not addressed by the User's Guide, or comments about the Court Rules, you may contact us by calling us toll free at (800) 833-9844, faxing us toll free at (800) 643-1280, e-mailing us at [email protected], or writing to Mississippi Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. GENERAL INFORMATION The Mississippi Court Rules are published by LexisNexis in a fully- annotated softcover volume, which is replaced annually and supplemented semi-annually The Court Rules volume contains statewide rules ofprocedure ofthe state courts, the local rules of the United States district courts and bankruptcy courts for Mississippi, and the rules ofthe United States Court ofAppeals for the Fifth Circuit. Rules are received from the courts and are edited only for stylistic consistency. ANALYSES Each set ofrules is precededby an analysis. The analysis details the scope ofthe set andenables the userto see at aglancethe contentofthe unitwithout resorting to a page-by-page examination ofthe Rules volume or supplement. ATTORNEY GENERAL OPINIONS Opinions ofthe attorney general for the state ofMississippi have been read for constructions ofMississippi law. Notes describingthe subject matter ofthe opinions have been placed under relevant rules under the heading "Attorney General Opinions." The citation at the end ofeach note includes the name of the person requesting the opinion, the date of the opinion, and the opinion number. USER'S GUIDE CROSS REFERENCES Cross references refer the user to other statutes or rules that may affect a rule or give it context. Cross references do not cite all related rules, as these can be identified by using the indexes following each set ofrules. EDITOR'S NOTES Editor's notes are notes prepared by the Publisher that contain information aboutimportantorunusualfeatures ofarule not apparentfromtherule's text, or special circumstances surrounding enactment or amendment ofthe rule. INDEX Each set of rules is immediately followed by an index. As accurate and thorough as the indexes are, there is no such thing as an index that is affordable, convenient, and perfect. Yourbest defense againstindex wild goose chases is familiarity with indexing techniques. To that end, an explanatory forewordtotheindexappearsinthefirstvolumeoftheIndextotheMississippi Code of 1972 Annotated. JUDICIAL DECISIONS Every reported case from the Supreme Court of Mississippi, the Court of Appeals ofMississippi, federal district courts for Mississippi, the federal Fifth Circuit Court ofAppeals and the United States Supreme Court has been read for constructions of Mississippi law. These constructions are noted under pertinent rules, under the heading "Judicial Decisions."Where a decision has been reviewed by a higher court, subsequentjudicial history and disposition is noted in the case note if such disposition has any bearing on the annotated material. Where two or more decisions state the same rule of law, the case citations may be cumulated under one case note. Case notes are grouped together under headings called "catchlines." The catchlinesidentifythebasicsubjectmatterofthecasenotes andassisttheuser in locating pertinent notes. RESEARCHAND PRACTICE REFERENCES Citations to references inAmericanJurisprudence,AmericanJurisprudence Pleading and Practice, American Jurisprudence Proof of Facts, American Jurisprudence Trials,American Law Reports, First through Sixth Series,ALR Federal, Corpus Juris Secundum, various treatises and practice guides, and Mississippilawjournals are given underthisheading, whereverthereferences appear to discuss the rule under which the citation appears, or a topic related to the rule. VI