Opinion
89-R-99001-SCT
09-07-2021
IN RE: THE RULES OF CIVIL PROCEDURE
EN BANC ORDER
MICHAEL K. RANDOLPH, CHIEF JUSTICE
Before the Court is the Motion to Amend M.R.C.P. 29 (Motion No. 2019-3481) filed by the Supreme Court of Mississippi's Advisory Committee on Rules.
After due consideration, we find that the motion should be granted.
IT IS THEREFORE ORDERED that the Motion to Amend M.R.C.P. 29 is granted as set forth in the attached Exhibit A. The amendments will be effective 30 days after 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.
ALL JUSTICES AGREE.
Exhibit A
RULE 29. STIPULATIONS REGARDING DISCOVERY PROCEDURE
Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time for any form of discovery must have court approval if extension would interfere with the time set for completing discovery, for hearing a motion, or for trial provided in Rules 33, 34 and 36 for responses to discovery may be made only with the approval of the court.
[Amended effective .]
Advisory Committee Historical Note
Effective__, M.R.C.F. 29 was amended so as to authorize the parties to stipulate to extensions of time for any form of discovery without court approval unless such extension would interfere with a court-ordered discovery deadline, a hearing date, or trial.