Opinion
No. 89-R-99006-SCT.
November 16, 2011.
ORDER
This matter is before the Court sitting en banc on the letter request to amend Rule 8.05 of the Uniform Chancery Court Rules. After due consideration, the Court finds that the amendment of Rule 8.05 as set forth in Exhibit "A" will promote the fair and efficient administration of justice.
IT IS THEREFORE ORDERED that Rule 8.05 of the Uniform Chancery Court Rules is hereby amended as set forth in Exhibit "A" hereto. This amendment is effective July 1, 2012.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition).
SO ORDERED, this the 16 th day of November, 2011.
TO GRANT: ALL JUSTICES.
Exhibit A RULE 8.05 FINANCIAL STATEMENT REQUIRED
Unless excused by Order of the Court for good cause shown, each party in every domestic case involving economic issues and/or property division shall provide the opposite party or counsel, if known, the following disclosures:
(a) A detailed written statement of actual income and expenses and assets and liabilities, such statement to be on the forms attached hereto as Exhibit "A", copies of the preceding year's Federal and State Income Tax returns, in full form as filed, or copies of W-2s if the return has not yet been filed; and, a general statement of the providing party describing employment history and earnings from the inception of the marriage or from the date of divorce, whichever is applicable; or,
(b) By agreement of the parties, or on motion and by order of the Court, or on the Court's own motion, a more detailed statement on the form attached hereto as Exhibit "B".
The party providing the required written statement shall immediately file a Certificate of Compliance with the Chancery Clerk for filing in the court file.
A party filing a document containing personal identifiers and/or sensitive information and data may (1) file an un-redacted document under seal; this document shall be retained by the court as part of the record; or, (2) file a reference list under seal. The reference list shall contain the complete personal data identifiers and/or the complete sensitive information and data required by this Rule.
The foregoing disclosures shall be made by the plaintiff not later than the time that the defendant's Answer is due, and by the defendant at the time that the defendant's Answer is due, but not later than 45 days from the date of the filing of the commencing pleading. The Court may extend or shorten the required time for disclosure upon written motion of one of the parties and upon good cause shown.
The disclosures shall include any and all assets and liabilities, whether marital or non-marital. A party is under a duty to supplement prior disclosures if that party knows that the disclosure, though correct when made, no longer accurately reflects any and all actual income and expenses and assets and liabilities, as required by this Rule.
When offered in a trial or a conference, the party offering the disclosure statement shall provide a copy of the disclosure statement to the Court, the witness and opposing counsel.
This rule shall not preclude any litigant from exercising the right of discovery, but duplicate effort shall be avoided.
The failure to observe this rule, without just cause, shall constitute contempt of Court for which the Court shall impose appropriate sanctions and penalties.
[Amended effective July 1, 1996; amended effective January 8, 2009, to provide procedures for filing documents containing sensitive personal information: amended effective July 1, 2011 to incorporate an optional long form financial statement; amended effective July 1, 2012 to provide a duty to supplement disclosures.]