Miss. App. e-filing Admin. P. 3

As amended through March 21, 2024
Section 3 - Electronic Filing and Service of Documents
A.Electronic Filing
1. Electronically filed documents must meet the same requirements of format and page limits as documents "conventionally filed" (as defined in Definitions and Instructions) pursuant to the Mississippi Rules of Appellate Procedure, except that the title of any brief submitted electronically should be in Times New Roman font with a 30 point font size, and the color requirements for brief covers shall not apply to electronically filed documents.
2. Any requirement in the Mississippi Rules of Appellate Procedure for multiple copies of a document to be submitted with the original filing shall not apply to a document filed electronically in the system.
3. In order to file a document which requires leave of the Court, such as an amicus or supplemental brief, the proposed document shall be attached as an exhibit to a motion. If the motion is granted, the attorney must electronically re-file the proposed document as an independent document after entry of the Court's order.
4. Electronic transmission of a document consistent with these procedures will, upon the complete transmission of the same to the Clerk's Office, constitute filing of the document for all purposes of the Mississippi Rules of Appellate Procedure and will constitute entry of that document onto the docket maintained by the Clerk pursuant to M.R.A.P. 45.
5. The attorney filing a document is responsible for ensuring the complete transmission of the document being electronically filed. A receipt acknowledging the complete transmission of the document which has been filed will appear immediately on the filer's screen. Parties also can verify the filing of documents by inspecting the Court's electronic docket sheet.
6. When a Filing User's document has been filed electronically, the official record is the electronic document stored by the Court, and the filing party is bound by the document as filed.
7. All documents which form part of a single pleading and which are being filed at the same time may be filed electronically together under one document number, e.g., the motion and a supporting affidavit, with the exception of memoranda in support.
8. In filing documents and attachments to documents, a filing party should electronically image, i.e., "scan," a paper exhibit that is less than ten megabytes (10 MB) and submit the exhibit as an attachment in PDF format. Some attached documents, whether a scanned exhibit or other evidence, may exceed the 10 MB size requirement on the system. When this occurs, the document shall be reduced to as many 10 MB "bundles" as required to file the entire document. Each bundle is filed as a separate attachment; the description of each attachment should identify the document type and page numbers, i.e., "Exhibit 1 - Pages 1 - 43"or "Exhibit 2 - Pages 44 - 83." Attorneys are encouraged to file an Exhibit List as the first attachment.
B.Signatures

A pleading or other document requiring an attorney's signature shall identify the attorney in the following manner, whether filed electronically or submitted on disk or CD to the Clerk's Office:

"s/(attorney name)" (e.g., s/Jane Doe)

Jane Doe

Mississippi Bar Number

Firm Name

Firm Address

Telephone Number

Fax Number

E-Mail Address

Electronically represented signatures of all parties and Filing Users described above are presumed valid. An attorney challenging the authenticity of an electronically filed document must file a timely objection to the document. Documents which require more than one party's signature must be filed electronically by submitting a scanned document containing all necessary signatures or by showing the consent of the other parties on the document.

C. Title of Documents

The person electronically filing a pleading or other document will be responsible for designating a filing event for the pleading or other document by using one of the categories contained in the system. The filing event selected serves only as a descriptive reference and does not alter the title which appears on the pleading or document being filed.

D. Filing Deadlines

Filing documents electronically does not alter any filing deadlines or any time computation pursuant to M.R.A.P. 26. All electronic transmissions of documents must be completed (i.e., received completely by the Clerk's Office) prior to midnight Central Standard (or Daylight Savings) Time. For the filing to be completed, the filer must have received the Notice of Electronic Filing from the Court. The Notice of Electronic Filing reflects the time the electronic transmission of a document is completed. Accordingly, a document will be deemed timely filed if the Notice of Electronic Filing reflects time prior to midnight. However, a judge may order that a document be filed by a time certain, which then becomes the filing deadline. Although documents can be filed electronically 24 hours a day, filers are strongly encouraged to file all documents during office hours.

E. Errors in Filing

Once a document is submitted electronically, it becomes part of the court file, and corrections may be made only by the Court and/or the Clerk's Office. The system will not permit the filing party to make changes to the document(s) or docket entry once the transaction has been accepted, and the filer should not attempt to refile the documents(s).

As soon as possible after an error is discovered, the party seeking correction should follow the procedure set forth in M.R.A.P. 10(e).

F. Service of Filed Documents on Parties
1. The system will generate a "Notice of Electronic Filing" when any document is filed. This notice represents service of the document on attorneys who are registered participants with the system. Except as provided in Section 4, regarding conventional filing, the filing party shall not be required to serve any pleading or other documents on any party receiving electronic notice.
2. The filing party shall also serve those parties not designated or able to receive electronic notice but who nevertheless are entitled to notice of said pleading or other document in accordance with the Mississippi Rules of Appellate Procedure, except as otherwise provided by order of the Court. If such service of a paper copy is to be made, it shall be done in the manner provided in the Mississippi Rules of Appellate Procedure.
3. Service pursuant to Section 3(F)(1) will constitute service pursuant to M.R.A.P. 25 and will entitle the party being served, as in conventional service by U.S. mail, to the additional three days provided by M.R.A.P. 26.
G. Acknowledgment of Service

An acknowledgment of service is still a requirement when filing documents electronically.

Miss. App. e-filing Admin. P. 3