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IN THE SUPREME COURT OF MISSISSIPPI NO. 89-R-99027 SCT IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE

ORDER This matter is today before the Court, en banc, on its own motion. In the interest of the fair and efficient administration of justice, the Court had determined to amend certain of the Mississippi Rules of Appellate Procedure. IT IS, THEREFORE ORDERED that M.R.A.P. 2(a)(2) be and the same is hereby amended as set forth in Exhibit "A", and IT IS FURTHER ORDERED that M.R.A.P. 2(b) be and the same is hereby amended as set forth in Exhibit "B" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 10(b)(5) be and the same is hereby amended as set forth in Exhibit "C" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 16(d) be and the same is hereby amended as set forth in Exhibit "D" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 17(b) be and the same is hereby amended as set forth in Exhibit "E" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 17(e) be and the same is hereby amended as set forth in Exhibit "F" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 21(d) be and the same is hereby amended as set forth in Exhibit "G" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 22 be and the same is hereby amended as set forth in Exhibit "H" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 27(b) be and the same is hereby amended as set forth in Exhibit "I" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 27(c) be and the same is hereby amended and an additional M.R.A.P. 27(g) is adopted as set forth in Exhibit "J" hereto, and

IT IS FURTHER ORDERED that the Comment to M.R.A.P. 27 be and the same is hereby amended as set forth in Exhibit "K" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 35-A and 35-B and the Comment to those rules be and the same are hereby amended as set forth in Exhibit "L" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 40(b) be and the same is hereby amended as set forth in Exhibit "M" hereto, and IT IS FURTHER ORDERED that M.R.A.P. 46(b) be and the same is hereby amended as set forth in Exhibit "N" hereto, and IT IS FURTHER ORDERED that the foregoing amendments shall be effective as to Rule 16(d) from and after entry of this Order, and as to Rules 35-A and 35-B from and after November 1, 1998. All other amendments shall be effective from and after January 1, 1999. 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) and in the next edition of Mississippi Rules of Court . SO ORDERED, this, the __________ day of October, 1998.

______________________________________ LENORE L. PRATHER, CHIEF JUSTICE, FOR THE COURT

PITTMAN, P.J., NOT PARTICIPATING MCRAE, J. WOULD NOT ADOPT THE AMENDMENTS

EXHIBIT "A" TO ORDER AMENDMENT TO M.R.A.P. 2(a)(2) (2) Discretionary Dismissal. An appeal may be dismissed upon motion of a party or on motion of the appropriate appellate court (i) when the court determines that there is an obvious failure to prosecute an appeal; or (ii) when a party fails to comply substantiallv with these rules. When either court, on its

own motion or on motion of a party, determines that dismissal may be warranted under this Rule 2(a) (2), the clerk of the Supreme Court shall give written notice to the party in default, apprising the party of the nature of the deficiency. If the party in default fails to correct the deficiency within fourteen 14 days after the notification, the appeal shall be dismissed by the clerk of the Supreme Court. The attorney for the party in default has the burden to correct promptly any deficiency or to see that the default is corrected by the appropriate official. Motions for additional time in which to file briefs will not be entertained after the notice of the deficiency has issued. EXHIBIT "B" TO ORDER AMENDMENT TO M.R.A.P. 2(b) (b) Other Sanctions. The Supreme Court or the Court of Appeals may, after reasonable notice given by the clerk of the Supreme Court and opportunity to show cause to the contrary, and after hearing, if requested, impose such sanctions as may be appropriate on any party, court reporter, trial court clerk, or attorney who fails to comply with these rules or any order issued pursuant to these rules. Trial court judges have concurrent jurisdiction to sanction any party, court reporter, trial court clerk, or attorney who fails to comply with Rules 3, 10 and 11. A copy of any such sanction order shall be served on the clerk of the Supreme Court and may be reviewed by the Supreme Court for abuse of discretion.

EXHIBIT "C" TO ORDER AMENDMENT TO M..R.A..P. 1O(b)(5) (5) Attorney's Examination and Proposed Corrections. For seven (7) fourteen (l4)days after service of the clerk's notice of completion under Rule 1 l(d)(2), the appellant shall have the use of the record for examination. On or before the expiration of that period appellant's counsel shall deliver or mail the record to one firm or attorney representing the appellee, and shall append to the record both a written statement of any proposed corrections to the record, certifying that the attorney has carefully examined the record, that with the proposed corrections, if any, it is true, correct and complete and includes all items designated for the record, and a certificate of service. Counsel for the appellee shall examine the record and return it to the trial court clerk within seven (7) fourteen (14) days after service, and shall append to the record a written statement of any proposed corrections to the record, certifying that the attorney has carefully examined the record, that with the proposed corrections, if any, it is true correct and complete and includes all items designated for the record and a certificate of service. Corrections as to which counsel for all parties agree in writing shall be deemed made by stipulation. If the parties propose corrections to the record but do not agree on the corrections, the trial court clerk shall forthwith deliver the record with proposed corrections to the trial judge. The trial judge shall promptly determine which corrections, if any, are proper, enter an order under Rule 10(e), and return the record to the court reporter or the trial court clerk who shall within seven (7) days make corrections directed by the order.

EXHIBIT "D" TO ORDER AMENDMENT TO M.R.A.P. 16(d) (d) Initial Assignment to the Court of Appeals. The Chief Justice, or his designated assignment justice, appointed by the Chief Justice from among the sitting justices of the Supreme Court, shall receive and review each case filed in the Supreme Court and shall determine which cases are to be retained by the Supreme Court and which are to be assigned to the Court of Appeals. The assignment justice shall enter an order assigning the case to the Court of Appeals or retaining it in the Supreme Court. The order regarding assignment shall be entered within 28 days of the filing of the last brief allowed to be filed in the case or from the deadline for filing that brief, whichever is later. If one or more of the parties to the appeal has noted the existence of a related case on appeal and briefing on that case has not been completed, the assignment justice may delay assignment of the appeal until the day upon which he or she assigns the related case. Upon the entry of the assignment/retention order, the clerk of the Supreme Court shall immediately send a copy of the order of assignment to all parties. The clerk of the Supreme Court, subject to the directions of the Court, will designate those cases retained by that Court for disposition and those assigned to the Court of Appeals. Although any case, other than those which the Supreme Court is statutorily required to retain, may be assigned to the Court of Appeals, the Supreme Court will retain all cases involving attorney discipline, judicial performance, and certified questions from a federal court. The Court will also ordinarily retain cases involving: (1) a major question of first impression; (2) fundamental and urgent issues of broad public importance requiring prompt or ultimate determination by the Supreme Court; (3) substantial constitutional questions as to the validity of a statute, ordinance, court rule, or administrative rule or regulation; (4) issues upon which there is an inconsistency in the decisions of the Court of Appeals or of the Supreme Court or conflict between the decisions of the two courts. In assigning matters to the Court of Appeals, the Supreme Court may take into account the relative workloads of the Supreme Court and the Court of Appeals. The Supreme Court may also, by order, provide that cases falling within identified categories, defined by subject matter or other general criteria, shall be designated for immediate transfer to the Court of Appeals or retention by the Supreme Court., and, therefore, not subject to screening review. Except for those cases which the Supreme Court is required by statute to retain, a party has no right to have his or her case heard by the Supreme Court.

EXHIBIT "E" TO ORDER

AMENDMENT TO M.R.A.P. 17(b) (b) Time for Filing Petition for Writ of Certiorari; Content and Length of Petition. A party seeking review of a judgment of the Court of Appeals must first seek review of that court's decision by filing a motion for rehearing in the Court of Appeals. If a party seeks review in the Supreme Court, a petition for writ of certiorari for review of the decision of the Court of Appeals must be filed in the Supreme Court and served on other parties within fourteen (14) days from the date of entry of judgment by the Court of Appeals on the motion for rehearing, unless such time be extended upon motion filed within such time. A petition not so timely filed may be summarily dismissed by a single justice of the Court. The petition for writ of certiorari may not exceed ten (10) pages in length and must briefly and succinctly state the precise basis on which the party seeks review by the Supreme Court, and may include citation of authority in support of that contention. No citation to authority or argument may be incorporated into the petition by reference to another document. The petitioner must file an original and ten (10) copies of the petition. The Petitioner must attach, as appendices to the petition, a copy of the opinion and judgment of the Court of Appeals, and a copy of the motion for rehearing filed in the Court of Appeals.

EXHIBIT "F" TO ORDER PROPOSED AMENDMENT TO M.R.A.P. 17(e) (e) Decision by the Supreme Court. The Supreme Court shall act upon a petition for a writ of certiorari within ninety (90) days of the filing of the petition response provided for in subsection (d) above, or, should no response be filed, the final date upon which such response could be filed. The failure of the Court to issue such a writ within that period shall constitute a rejection of the petition and the petition shall be deemed denied. EXHIBIT "G" TO ORDER AMENDMENT TO M.R.A.P. 21(d) (d) Denial; Order Notice Directing Answer. If the appellate court is of the opinion that the writ should not be granted, it will deny the petition without requesting an answer. Otherwise, it will order the clerk of the Supreme Court will issue notice that an answer to the petition be filed by the respondents within the time fixed by the order notice. The order notice shall be served by the clerk on the judge or judges and on all other parties to the action in the trial court. All parties below, other than the petitioner, shall also be deemed respondents for all purposes. Two or more respondents may answer jointly. The clerk shall advise the parties of the dates on which briefs are to be filed, if briefs are required, and of the date of oral argument. The proceedings shall be given preference over ordinary civil cases. The Supreme Court also may, in its discretion, treat the petition as a petition for permission to appeal under Rule 5 and order such further proceedings as the Court deems appropriate.

EXHIBIT "H" TO ORDER AMENDMENT TO M.R.A.P. 22 (a) Filing of Applications. Applications for post-conviction relief in criminal cases may shall be governed by Miss. Code Ann.

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