Miss. L. Chanc. Ct. R. III

As amended through October 31, 2024

Rule III - Trial Settings

A. Pursuant to Rule 40 of the Mississippi Rules of Civil Procedure matters other than Motions and initial Rule 81 matters may by set for trial be the following methods.

1. On order of the Court upon request of counsel for all parties, any contested matter may be set for trial at any time with the approval of the Chancellor or Court Administrator. When an attorney receives a particular date, he is representing to the Court that the case is ready for trial on that date and no impediment exist to a trial on that date. A matter is not firmly set for a date until an order is signed by the Judge setting it.

2. On motion of any party for a trial setting as provided by MRCP 40(a), after duly giving notice of a hearing on such motion, the Court will enter an order setting the matter for trial, if it determines the matter is ready for trial.

B. Motions may be noticed for hearing on Motion Days or at such other times as can be arranged with the Court.

C. Settings for Rule 81(d)(5) actions:

In any action instituted under the provisions of Rule 81(d) (5) summons may be issued returnable to a Motion Day established in these rules. No special order shall be required to so set such cases. However, it should be noted that such a date is a return date only and this date should not be considered a firm trial date, but a date at which uncontested matters may be heard and matters which require very short hearings, normally less than thirty (30) minutes, may be heard. Other cases will be continued to a day certain at a time and place convenient to the attorneys and the Court. Cases set pursuant to Rule 81(d) (5) which are not made returnable to a Motion Day shall require a Special Order setting the same.

D. Uncontested fault ground divorces and irreconcilable difference divorces will be heard only during regular Terms of Court, on the Motion Days hereinafter designated, or on a day when the cause is scheduled for trial as a contested matter. Excepting irreconcilable differences divorces, which may be presented in any county within the district, contested fault based divorces will only be heard in the county where they are filed. In Carroll County, fault ground divorces will be heard in the district where they are filed. As provided in Rule 8.05 of the Uniform Chancery Rules, each party in every domestic case involving economic issues shall file with the Court and provide the opposite party or counsel, if known, the disclosures required by said rule.

E. Ex parte matters will be considered on the Motion Days hereinafter designated or at such other times as may be scheduled by the Court.

Miss. L. Chanc. Ct. R. III

Adopted 12/16/2010; amended 11/11/2019.