In re Local Rules

Full title: IN RE: LOCAL RULES

Court: Supreme Court of Mississippi

Date published: Dec 8, 2005

No. 89-R-99015-SCT (Miss. Dec. 8, 2005)

Opinion

No. 89-R-99015-SCT.

December 8, 2005.

ORDER

WILLIAM L. WALLER, JR., PRESIDING JUSTICE

This matter is before the Court en banc on the request of the Honorable Joseph H. Loper, Jr., of the Fifth Circuit Court District for approval of an order repealing a local rule which is no longer in use and is in conflict with Rule 1 of the Local Rules of the Fifth Circuit Court District, adopted June 9, 2003. The local rule, adopted in 1979, read as follows:

By the authority vested in the undersigned as the circuit court judges of the Fifth Circuit Court district of Mississippi, it is hereby ordered that it hereafter, effective the 1^st day of March, 1979, be the rule of this court that the tenth day preceding the first day of any term of this court be and the same is hereby designated as "pretrial conference day"; that no civil cause will be set for trial on the calendar of this court unless and until that cause shall have been presented to the court for pre-trial conference at a pre-trial conference day; that any party to the suit, or any judge of this court, may call up for conference by giving ten days notice in writing to all opposing parties and to the court; that, at the conference so-called all parties shall present all pre-trial pleadings, and all instructions.

Having considered Judge Loper's request, the Court finds that approval of the repeal of the local rule will promote the fair and efficient administration of justice, and that the court order repealing the local court rule should be approved.

IT IS THEREFORE ORDERED that the request of the Honorable Joseph H. Loper, Jr., of the Fifth Circuit Court District for approval of an order repealing a local rule is hereby granted. The court order repealing the local court rule is approved and the above stated local rule, adopted in 1979, is repealed.

IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition).

SO ORDERED.

DIAZ, J., NOT PARTICIPATING.