Opinion
89-R-99015-SCT
09-07-2021
IN RE: LOCAL RULES
EN BANC ORDER
MICHAEL K. RANDOLP CHIEF JUSTICE
Before the Court is the Petition (Motion No. 2019-4573) filed by the Chancellors of the Seventh Judicial District.
The Chancellors ask this Court to vacate the current Local Rules of the Seventh Chancery Court District and to approve proposed Local Rules to address the needs of judicial economy and efficiency in administering justice within the Seventh Chancery Court District.
After due consideration, we find that the petition should be granted. See UCCR 1.06(C).
IT IS THEREFORE ORDERED that the Petition is granted. The current Local Rules of the Seventh Chancery Court District are vacated, and the Local Rules set forth in the attached Exhibit A are approved and are effective upon entry of this order.
IT IS FURTHER ORDERED that the Clerk of this Court must spread this order upon the minutes of the Court and send a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court.
SO ORDERED.
FOR THE COURT ALL JUSTICES AGREE.
Exhibit A
LOCAL RULES SEVENTH CHANCERY COURT DISTRICT
GENERAL PROVISIONS
The Seventh Chancery Court District is divided into two divisions. The Chancellors are as follows:
Division 1: Catherine Farris-Carter
Division 2, Seat 1: Willie J. Perkins
Division 2, Seat 2: Watosa M. Sanders
Division 1 is comprised of Bolivar County, First District; Bolivar County, Second District and Coahoma County.
Division 2 is comprised of Leflore County; Quitman County; Tallahatchie County, First District; Tallahatchie County, Second District and Tunica County.
RULE 1. ASSIGNMENT OF TERMS OF COURT Bolivar 1
1 Monday, March 1 week Farris-Carter
1 Monday, July 1 week Farris-Carter
2 Monday, November 1 week Farris-Carter
Monday, February 1 week Sanders
Monday, May 1 week Perkins
Monday, August 1 week Farris-Carter
Bolivar 2
2 Monday, January 3 weeks week 1 - Farris-Carter week 2 - Sanders week 3 - Farris-Carter
3 Monday, April 3 weeks week 1 - Farris-Carter week 2 - Perkins week 3 - Farris-Carter
2 Monday, July 3 weeks week 1 - Farris-Carter week 2 - Sanders week 3 - Farris-Carter
1Monday, October 3 weeks week 1 -Farris-Carter week 2 - Perkins week 3 - Farris-Carter
Monday, November 2 weeks week 1 - Perkins week 2 - Sanders
Monday, January 1 week Farris-Carter
Monday, April 1 week Sanders
Monday, October 1 week Perkins
Coahoma
1 Monday, April 2 weeks week 1 - Farris-Carter week 2 - Sanders
3 Monday, June 2 weeks week 1 - Farris-Carter week 2 - Perkins
4 Monday, September 2 weeks week 1 - Farris-Carter week 2 - Farris-Carter
1 Monday, December 2 weeks week 1 - Farris-Carter week 2 - Farris-Carter
Monday, January 1 week Sanders
Monday, April 1 week Perkins
Monday, October 1 week Sanders
Monday, January 1 week Farris-Carter
Leflore
2 Monday, February 3 weeks week 1 - Sanders week 2 - Perkins week 3 - Farris-Carter
2 Monday, May 3 weeks week 1 - Sanders week 2 - Perkins week 3 - Sanders
4 Monday, August 3 weeks week 1 - Perkins week 2 - Sanders week 3 - Perkins
1 Monday, December 3 weeks week 1 - Sanders week 2 - Perkins week 3 - Sanders
Monday, June 1 week Sanders
Monday, September 1 week Sanders
Monday, November 1 week Perkins
Chancery Court District:
Quitman
1
4
3
2
Tallahatchie 1
2
3
3
Tallahatchie 2
3
4
4
Tunica
4
1
3
4
RULE 2. ASSIGNMENT OF CASES
(a) Initial Assignment of Cases:
(1) Pursuant to U.C.C.R. 1.06(A), immediately upon filing a complaint, the matter shall be assigned to ensure no discernable pattern exists that would allow a person to know to whom the case has been assigned prior to its assignment.
(2) All cases filed in the Chancery Court of the Seventh District hereinafter shall be randomly assigned to one of the three Chancellors of the District by a web-based computer program. The Clerks will print the assignment form from the web-based computer program and place it in the court file.
(3) Once a case is assigned to a Chancellor, only the Chancellor to whom it is assigned will consider the matter, EXCEPT:
(A) where the Chancellor must recuse himself or herself for good cause;
(B) where the Chancellor has entered a standing order stating that he or she would not hear any matters brought by a particular attorney or a particular party; or
(C) where the assigned Chancellor is unavailable for a telephonic or in-person hearing when an EMERGENCY issue has arisen in the case that may cause significant physical, mental, or financial harm to one of the parties or necessary interested persons, such as a minor child or person with noted limitations. The assigned Chancellor's office must be notified of the prospective harm prior to contacting another Chancellor.
(4) Upon the recusal of a Chancellor, the Clerk will randomly draw another Chancellor for that assignment.
(5) The following matters are exceptions from random assignment and shall be handled as Ex Parte or Motion Day matters: Joint Complaints, including but not limited to:
(A) Irreconcilable Difference Divorces
(B) Pro Se Irreconcilable Difference Divorces
(C) Name Change or Birth Certificate Corrections
(D) Uncontested Adoptions
(E) Removal of Minority
(F) Bond Validations
(G) Uncontested Intestate or Testate Estate
(H) Uncontested Guardianship, Termination of Guardianship
(I) Uncontested Conservatorship, Termination of Conservatorship
(J) Joint Complaint to Establish Paternity, Support and Visitation
(K) Uncontested Minor Settlements under $25, 000.00
(L) Joint Complaint to Revoke Divorce
(M) Agreed Child Custody
(N) Commitments
(6) If any of these matters listed in Rule 2(a)(5) become contested, the Chancellor shall direct the Clerk to assign the case. Any attorney filing an exempted action must sign a Certificate of Exemption upon filing stating that all interested parties have signed or joined in the petition.
(7) The Chancellor that establishes a guardianship or conservatorship shall retain jurisdiction of all matters pertaining to the identified Ward until such time as the guardianship or conservatorship is terminated. If the termination of the guardianship or conservatorship is the result of the death of the Ward, the Estate of the Ward shall continue with the same Chancellor or their replacement.
(8) Youth Court cases, Mental Commitments and Alcohol and Drug Commitments are exempt from random assignment and will be handled by the Youth Court Referee, Special Master or Family Master.
RULE 3. PLACING ACTIONS ON THE TRIAL CALENDAR
(a) Those cases which have had a responsive pleading filed or any other formal or informal response filed by the defendant shall be placed on the District's website trial docket.
(b) Each Court Administrator and/or Chancellor shall be responsible for the placement of any case that will be considered and/or tried by said Chancellor on the District's website trial docket. The full utilization of the District's website will help to ensure that adequate courtroom and courthouse spaces are available for the three rotating Chancellors of the District.
(c) All attorneys and pro se litigants on any and all matters, Ex Parte, Motion Days and assigned cases must contact the Court Administrator and/or Chancellor to get a date, time and location for the matter to be presented to the Chancellor, if necessary. Once the matter is set, it must be placed on the master docket on the website by the scheduling Chancellor's office. Matters not placed on the website's master docket will not be considered set and the date at that location will remain available for other settings by another Chancellor.
(d) Each Chancellor's docket is updated daily and posted on the Chancery Court District's website, located at www.7chancerycourt.com.
(e) It is the responsibility of each attorney or pro se litigant to check the docket and be prepared to proceed at the scheduled time, date and location.
(f) The Clerks shall provide each Chancellor with a list of all opened actions assigned to them on January 5, May 5, and September 5 of each year.
(g) Matters are not firmly set for hearing or trial until confirmed with the Court Administrator or set by the Chancellor. After a hearing or trial is set, the party setting the matter shall timely notify all attorneys of record and unrepresented parties by regular and/or electronic mail. A copy of the notification correspondence must be placed in the Court record.
(h) All hearings and/or trials shall be set by the Court Administrator or Chancellor on request of counsel and on reasonable notice to other attorneys or unrepresented parties.
(i) When there are two or more attorneys on a case, they shall confer with the Court Administrator to obtain an agreeable trial date, if possible. If an agreeable court date can not be reached by the attorneys, the Chancellor shall set the trial date.
(j) Upon filing of any motion, it is the responsibility of the party filing said motion to contact the Court Administrator to set a hearing in order for the motion to be considered.
RULE 4. MOTION DAYS
(a) The following rules govern the setting of cases within the 7
FOR CHANCELLOR CATHERINE FARRIS-CARTER:
BOLIVAR COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
COAHOMA COUNTY: will be every Thursday of each month in the Coahoma County Courthouse in Clarksdale, Mississippi, at 9:30 a.m.; will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
LEFLORE COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
QUITMAN COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
TALLAHATCHIE COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
TUNICA COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
FOR CHANCELLOR WILLIE J. PERKINS
BOLIVAR COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
COAHOMA COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
LEFLORE COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
QUITMAN COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
TALLAHATCHIE COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
TUNICA COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
FOR CHANCELLOR WATOSA M. SANDERS
BOLIVAR COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
COAHOMA COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
LEFLORE COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
QUITMAN COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
TALLAHATCHIE COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
TUNICA COUNTY: will hear any and all matters in term or vacation from any county within the District that has been properly set on the website's docket by the Court Administrator and/or Chancellor.
(b) Ex parte and vacation matters will normally be set for 15 or 30 minutes each and may be set for as long as an hour if counsel estimates such time will be necessary. Attorneys should give the Court Administrator a realistic estimation of the amount of time needed for each matter to prevent a backlog on the trial docket and overcrowding in the courtroom.
(c) All of those matters which are exceptions to the random assignments from any of the counties in this District, provided for in Rule 2(a)(5) of these Local Rules, may be presented to and heard by any of the Chancellors at anytime in any county provided that the matters have been scheduled by the Court Administrator or Chancellor and placed on the District website's trial docket.
(d) If the Chancellor shall be unable to be present for a Motion Day on any of the days herein above designated, he or she will notify the Clerk of cancellation of the day as far ahead as practicable.
(e) Attorneys and pro-se litigants shall notify the Court Administrator promptly upon learning that a scheduled matter will not he heard, and the Court
Administrator shall remove such matter from the day's docket.
(f) Attorneys and pro-se litigants shall not schedule the same matter on the docket of two or more Chancellors at the same time. This will be considered an abuse of the time of the Court.
RULE 5. PROCEDURE
(a) Court Files: Until both judicial districts of Bolivar County and Tallahatchie County become a part of the Mississippi Electronic Courts (MEC) system, attorneys with actions originating in these counties which are set to be heard by the Court in another county are responsible for checking out the file from the Clerk's office and bringing the same to the Court for the scheduled hearing.