Section 6 - Conventional Filing and Service of DocumentsA. Conventional Filings.As used in these procedures, a "conventionally" filed or submitted document or pleading is one presented to the clerk or a party on 8-1/2 inch by 11 inch paper or other non-electronic, tangible format; documents filed conventionally should NOT be stapled or bound, but may be clipped. The clerk's office will scan and upload all original documents brought or sent to the clerk's office for filing unless otherwise provided in these procedures. Once uploaded, the original document will be discarded unless otherwise required to be maintained as set forth in these procedures.
1. Civil complaints cannot be initiated electronically via the MEC system. The clerk's office will accept original complaints and the required civil cover sheet by conventional filing, i.e., a hard copy sent by United States mail or delivered in person to the clerk's office. The complaint must be accompanied by the required filing fee before the filing is completed. The attorney submitting a civil cover sheet is responsible for its proper completion, including selection of the relevant nature of suit. If the clerk discovers an error on the civil cover sheet related to the nature of suit, the clerk may make the necessary correction or contact the filing attorney to correct the error.2. Summonses and subpoenas shall not be filed in MEC prior to issuance. A party may either deliver in person or send to the clerk's office by United States mail or e-mail proposed summonses and subpoenas for issuance by the clerk. The clerk's office shall issue a summons by conventional means. The party requesting the summons must complete the top portion of the summons form. The clerk's office will upload a copy of the summons into the system and return the original to counsel for service. The clerk will return the original summons via United States mail to counsel only if counsel supplies a stamped, self-addressed envelope.
After receipt of a subpoena from the requesting party, the clerk shall issue the subpoena by conventional means. The clerk shall then upload a copy of the issued subpoena into the system at which time an NEF will be created. The requesting party shall then print a copy of the issued subpoena for service on the appropriate person or entity as required by M.R.C.P. 45. Creation of an NEF for the issued subpoena does not constitute service of the subpoena. If requested by counsel, the clerk shall return the original subpoena as issued to the requesting party in accordance with M.R.C.P 45.
The return of service for both a summons and a subpoena shall be electronically filed by counsel and the original shall be maintained as set forth in Section 3.B.1.
3. Criminal complaints, bills of information, indictments, and those documents identified in 3.B.3. shall be filed conventionally on paper with the court. The clerk's office will upload these documents into the system and retain the originals of these documents after they have been uploaded into the system. All documents, including any attachments thereto, should be accompanied by an electronic PDF image. Instructions on how to save a document in PDF format are located on the MEC web site at mec.ms.gov.4. Other documents which shall also be filed conventionally and not electronically unless specifically authorized by the court:a.Exhibits and other documents which cannot or should not be filed electronically by conversion to a legible electronic form shall be filed conventionally. Whenever possible, counsel is responsible for converting filings to an electronic form. However, if that is not possible, counsel shall electronically file a PDF document titled Notice of Conventional Filing as a notation on the docket sheet that filings are being held in the clerk's office in paper. A sample Notice of Conventional Filing is attached as Form 2. If documents are filed in paper format, counsel must provide an original for the clerk's office, and submit a copy to the judge. A paper copy must be served on all parties in the case.b.Documents filed by pro se litigants shall be filed conventionally. The clerk's office shall upload these conventionally filed documents into the system. If said pro se party is an attorney in good standing and admitted to practice in the court which has implemented MEC, the attorney shall file all documents electronically.c.All requests for issuance of warrants and pen registers shall be filed conventionally. These documents will not be made available electronically to the public.d.All original wills, vouchers, bonds, oaths, proofs of claims, and other such documents as required by statute shall be filed conventionally and maintained by the clerk in accordance with the applicable statute. The clerk's office will upload these documents into the system.e.All documents in sealed cases shall be filed conventionally as set forth in Section 5.A.f.All notices of appeal shall be filed conventionally.g.Attorneys may apply to the assigned judge for permission to file documents conventionally. Even if the assigned judge initially grants an attorney permission to file documents conventionally, the assigned judge may withdraw that permission at any time during the pendency of a case and require the attorney to file documents electronically using the system.h.Any judge may deviate from these procedures in specific cases, without prior notice, if deemed appropriate in the exercise of discretion, considering the need for the just, speedy, and inexpensive determination of matters pending before the Court.B. Service of Conventional FilingsPleadings or other documents which are filed conventionally rather than electronically shall be served in the manner provided for in the Mississippi Rules of Civil Procedure, except as otherwise provided by order of the court.
C. Return of Original DocumentsA filer may request that an original document, other than an Order or Judgment of the court, be returned after it has been scanned and uploaded by the clerk, provided that the clerk is not required to maintain the original document. The filer shall request return of the original in writing to the clerk's office at the time the document is submitted for scanning and filing. Any such request shall be accompanied by a self-addressed, postage-paid envelope. If a document is submitted without a request for return and a self-addressed, postage-paid envelope, the clerk's office will discard the document after it is scanned and uploaded to the system. No standing authorizations for the return of all original documents filed by an attorney, office or party will be allowed. Any original document returned to the filer shall be maintained in the same manner as those documents provided for in Section 3.B.
December 2008; rev. September 2009; rev. May 2012, eff. 7/1/2012; rev. June 2016, eff. 6/16/2016; rev. November 2016, eff. 12/1/2016