At any time after the filing of a notice of appeal, the Supreme Court or the Court of Appeals may direct the attorneys for the parties to appear before the court, a justice of the Supreme Court or a judge of the Court of Appeals, or a person designated by the appropriate court for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court, including settlement. The court, justice, judge, or person designated shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel. Such order, when entered, controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.
Miss. R. App. P. 33
Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 33 replaced Miss.Sup.Ct.R. 33, embracing proceedings in the Court of Appeals. 644-647 So.2d LXXII (West Miss.Cases 1994).
[Adopted August 21, 1996.]
Comment
Rule 33 is similar to Fed. R. App. P. 33. The prehearing conference can be a valuable tool in simplifying complex appeals or in promoting settlement in a manner similar to the pretrial conference used at the trial level.
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