Miss. L. Chanc. Ct. R. 4

As amended through October 31, 2024
Rule 4 - Procedure
(a)Court files: Deputy Chancery Clerks alone are authorized to withdraw or replace court files in filing cabinets in the Clerks' offices.

Attorneys may check out files only by Order (available in the Clerk's office) signed by a chancellor.

Attorneys who have actions set on the court calendar when the Court is sitting in another county shall check out the file from the Clerk's office and bring same to Court for such hearing. Attorneys coming before judges on uncontested matters are required to bring the court file with them.

Files shall be returned to the Clerk within 10 days and checked in by a Deputy Clerk before the attorney is released from responsibility for the file.

(b)Presentation of documents: Every document and pleading, etc. to be filed with the Clerk, or Court, including briefs and proposed findings, shall conclude with the name, mailing address, phone and facsimile numbers of the attorney or pro se party.

Proposed judgments prepared by attorneys shall conclude with the names, mailing addresses, phone and facsimile numbers of all of the attorneys and/or pro se parties.

Where a bond or bonds are required to be posted, the order prepared by Counsel shall provide that such bonds are to be approved by the Clerk of the Court unless statutory law requires otherwise.

(c)Financial information: It shall be the responsibility of the plaintiff or movant to ascertain that the certifications of completion of all financial statements required by Rule 8.05, Uniform Chancery Court Rules, are in the court file before requesting a setting of the case.
(d)Probate matters: When an attorney representing a fiduciary desires to defer the filing of a required accounting, a written motion setting out the reasons therefore shall be filed and an order shall be secured before said accounting is deferred.

Miss. L. Chanc. Ct. R. 4

Adopted by the Eighth Chancery Court District and approved by the Supreme Court by order entered 5/18/2006.