Miss. L. Chanc. Ct. R. 11

As amended through October 31, 2024

Rule 11

The Court, sua sponte, considering the mandatory provisions of the law pertaining to accountings in estates, guardianship and conservatorships, and the utilization by the court of technology, including computers to enable an effective implementation of such laws for the benefits of the litigants, lawyers, the public and the Court, hereby adopts the Order establishing procedures to be followed by the clerk and administrator of this Court as well as by the litigants, fiduciaries and lawyers:

(a) Written notice shall be mailed by the administrator to each fiduciary and the fiduciary's attorney notifying them of the month in which an accounting is due.

(b) The administrator and clerk shall determine in the month following the month in which an accounting is due the identity of each file in which the fiduciary and attorney failed to file an accounting or failed to have the accounting excused or deferred in writing by the Court.

(c) An Order shall thereupon issue to such derelict, fiduciary and attorney citing them to appear before the Court at a time and date certain to show cause why such accounting was not filed and for the Court to consider whether the fiduciary and attorney should be removed for such failure, and to consider such further action as the Court may deem appropriate.

Attorneys and fiduciaries desiring to defer an accounting shall present to the Court a brief statement in writing of the reason such deferment is appropriate. Attached to such written request shall be the proposed Court order granting the defendant.

At the time of filing a petition to open an estate, guardianship or conservatorship, the attorney and petitioners shall complete and file an information worksheet which shall be supplied by the clerk of this Court. The clerk shall not process the original petition until such information worksheet is complete and filed.

Miss. L. Chanc. Ct. R. 11