In Re: Local Rules

Opinion

Serial: 261653 IN THE SUPREME COURT OF MISSISSIPPI

No. 89-R-99015-SCT

FILED

IN RE: LOCAL RULES MAR 17 2026 OFFICE OF THE CLERK

SUPREME COURT COURT OF APPEALS

EN BANC ORDER

Before the en bane Court is the Chancellors of the First Chancery Court District's

Motion to Rescind Local Rule 1 for the First Chancery Court District.

The chancellors ask that Rule 1 of the Local Rules for the First Chancery Court

District be rescinded effective July 1, 2026.

After due consideration, we find that the motion should be granted.

IT IS, THEREFORE, ORDERED that the motion is granted. Effective July 1, 2026,

Rule 1 of the Local Rules for the First Chancery Court District shall be rescinded as set forth

in the attached Exhibit A.

IT IS FURTHER ORDERED that the Clerk of this Court must spread this order upon

the minutes of the Court and send a certified copy to West Publishing Company for

publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) ,

and in the next edition of the Mississippi Rules of Court.

SO ORDERED, this the -1.3=._ day of March, 2026.

!

J AH DENNIS COLEMAN, PRESIDING JUSTICE FOR THE COURT

TO GRANT: ALL JUSTICES.

EXHIBIT A

LOCAL RULES

F0R

FIRST CHANCERY COURT DISTRICT OF MISSISSIPPI

RULE 1. ASSIGNl\llENT OF CASES

(a) Pursuant to Uniform Chancery Court Rttle 1.06, and sttbjeet to Paragtaphs (b) artd (e) of this rnlc, all matters filed in this district on arid after September 8, 2003, shall be assigned to a single aeti vc Chancellor of this distr iet at the time of filing of the action b:Y such method as desetibed in Paragraph (a)(l) of this rnle and in such fashion as to ensute such assigmnents shall be equal artd random, that no discernible pattern ofassigmnent exists, and that no person shall k:now to whom the ease will be assigned ttntil such time as it has been accomplished.

( 1) Unless the matter is indicated by the parry or his attorney b:Y separate certificate as "exernpt from initial assigmnent" pmsttant to Paragraph (b) 01 a "eontirmed assigmnent" pmsuant to Paragraph (c) at the time of filing of the pleadings, the Clerk, ttpon rcceidng the Civil Case Filing Form and the pleadings, shall proceed to draw h:Y lot frnm a pool of furry-eight (48) lots bearing in equal numbers the fir st letter of the last name of the active Chancellors, which ma, also bear an additional initial or initials as directed by the respective Chancellor. The ease shall be assigned to the Chancellor indicated ttpon the first lot drawn ftom the pool. Once drawn from the pool, a lot shall not be replaced ttntil all lots ha"ve been drawn ftom the pool. Upon the drawing of the final lot, the pool shall be replenished with all of the aforesaid lots, and the process shall resume in a like manner.

(2) If a Chancellor has directed reassignment ofa case pursuant to Paragraph (e) of this mle, then the matter shall be assigned to the Chancellor indicated on the next lot drawn by the Clerk from tl1c pool described in Paragraph (a)(l) which docs not indicate the Chancellor directing the rcassigmncnt, and each lot drawn dming this reassignment bearing the mark of the Chancellor b:Y whom the reassignment was directed shall be r etumed to the pool.

(3) The lots comprising the pool described in Paragraph (a)(l) shall be so fashioned as to bear no nrarks or characteristics which would differentiate one or mote ft om the otl1er s, other than the rcquir ed mar kings specified in Paragraph (a)( 1).

(4) Upon assigning or reassigning a case pmsuant to these mks, the Clerk shall notate tlte result accor dingl:Y ttpon the docket book.

(b) The following matters may be exempt ftom initial assigmnent to an active Chancellor if the party or his attorney shall certify by a separate Certificate of Exemption fiom Initial Assigmnent submitted simultaneously with the filing of the pleadings, in the manner set out in section (3) of this paragraph.

(1) Joint Complaints, including ineconcilable differences divorce actions and other uncontested matters, Prose ineconcilable differences divorce actions , Name Changes or Dirth Certificate Conections, uncontested Adoptions, uncontested Guardianship or Conser vatorship matters, Removal of Minority , Connnitments, Bond \1alidations, and any actions initiated by the Department ofllutnan Services, Child Support Enforcement Di'1ision.

(2) lfa matter listed in Paragraph (b)(l) which has not other wise been assigned put suant to these rules becomes a contested matter , or a response ft om the other party or parties indicating opposition to the requested relief is filed or stated to the Court, the Chancellor to whom the matter is submitted may , on his own motion or on the motion of any party , direct the Clerk to thereafter assign the case by the method specified in Paragraphs (a) or (c).

(3) If a party or his attorney desires to proceed with his case as ''exempt ftom initial assignment,'' the party 01 his attorney must file a signed Certificate of Exemption from Initial Assignment with the Clerk simultaneous with the filing of the pleadings, which certifies that ( 1) he has reviewed Uniform Chancery Court Rule 1. 06 and Local Rule 1, and (2) that the matter is exempt ftom: initial assignment.

(4) For purposes of this rule, "unc01,tested" means that no sunnnons shall be issued in the matter .

(5) Actions initiated by the Department of I Inman Ser vices, Child Support Enforcement Div is ion, shall be "exempt fr om initial assigmnent" without the necessity of filing the separate certificate as other wise required under this Rule.

(c) All modification, contempt, or other matters seeking enforcement, clarification, an1endment, or relief ft om aptior otdet entered by the Court, exceptthose concerning orders entered in the categories listed in Paragraph (b)(l), shall be assigned to the active Chancellor by whom the order at issue was entered. The party or his attorney shall certify by a separate Certificate of Continued Assignment submitted simultaneously with the filing of the pleadings, in the marmer set out in section (1) of this paragraph, that the matter is a ''continued assignment." Upon receipt of the pleadings, and the aforesaid certificate, a lot containing a mark representing that Chancellor's nan1e shall be remo'1ed by the Clerk ftom the pool described in Paragraph (a)(l) arid assigmnent made thereby. In any case in which

4

the Chancellor by whonr the order at issue was entered is no longer set ving as Chancellor in this district, the matter shall be assigned by the Clerk as speeified in Paragraph (a)(l).

( 1) The Certificate of Continued Assigtnnent shall be submitted simultaneously with the filing of the pleadings, signed by the party 01 his attorney , and shall state (1) that he has reviewed Uniform Chancery Court Rule 1.06 and Local Rule 1, (2) that the ease was previously assigned put suant to the Local Rule on Assignment of Cases, and (3) the name of the Chancellor to whom the case renrains assigned.

(2) ~fatters renranded ftom the appellate courts 01 transfened ftom the chancery court of another county in this district shall be assigned in the manner set forth in Parngraph (a), unless the foregoing prov is ions on "continued assignments" are applicable.

(3) Matters that are transfened ftom the chancery court of another county outside of this distr iet, 01 ft om the county court 01 cit euit court of airy county, 01 matters that ate brought before the eharreery court on appeal ft om any inferior tribunal, shall be assigned in the manner set forth in Paragraph (a).

(d) Rule 65 emergency hearings shall be allowed to take place before a Chancellor other than the assigned Chancellor upon a showing by counsel that a good faith effort was made to schedule a hearing with the assigned Chancellor , and further provided that reasonable adv anee notice is given to and approval obtained by the Chancellor conducting the hearing.

(e) The assignn1ent of a ei vil action is pet tnanent, unless, and for good cause stated, the assigned Chancellor dir eets the Clerk to 1eassign the case to one of the other Chancellors. Where such reassignnrent is necessary , the Clerk shall use the method described in Paragraph (a)(2) if no method is directed by the Chancellor.

(t) Each ease filed in this district after September 8, 2003 , shall bear a number as follows. The last two digits of the calendar year in which the ease is filed, followed by the sequential number of the ease for the county and year , followed by the numer ieal designation fot the county in which the matter is filed, followed by the fit st letter of the last name of the Judge to whom the ease is assigned (e.g., 03-1234-02-M 01 03-1234-02-L or 03-1234-02-S).

The following nutne1ieal designations shall be used fot the counties of this dist1iet.

County Nmner ieal Designation

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Itawanrba z9 bee- 4+ ~fomoe 4-8- Pontotoe 58- Prentiss 59 '.fishomingo -9-t Union ti

(g) Ifa divoree aetion has been assigned pursuant to these rules, and the parties ha'Ve prepared and exeeuted an agreement eoneeming all issues in the ease, including withdrawal of all requests fut teliefbased on fault grounds fut divorce, an attorney of record may subnrit the agreed Judgnrent fut Divoree-Ineconeilable Diffetenees to any available Chaneellor, if the requested Chaneellor shall eonsent fut the eonvenienee of the parties and their attorneys. However , any subsequent aetion in sueh eause shall be brought before the Chancellor who was assigned to the ease pursuant to these rnles.

(h) For purposes ofthis rule, when Chaneellor vaeates his post, those nrattets assigned to the exiting Chaneellor shall be deenred assigned to the Chaneellot assuming the vaeated post t1pon the fit st day oftlre term of office of the new Chaneellor. '.fhe Clerk shall make appropriate amendnrents to the lots deseribed in Paragraph a(l) to faeilitate this transition.

(i) Any matter not other wise addressed by these rules shall be assigned in aeeot danee with Paragraph (a) of this rule.

[Adopted by order entered August 30, 2004 and approved by the Supreme Court by order entered on Oetober 11 , 2004, renunrbered and reeodified by order of the Supreme Court effeetive ~fay 18, 2006 , Amended and approved by the Suprenre Court by order entered February 22, 2007.]