Miss. L. Cir. Ct. R. 3

As amended through October 31, 2024
Rule 3 - Pretrial Orders

SCHEDULING ORDER

(a) Within 30 days after issue is joined in a case, but no later than 60 days after the complaint is filed, counsel are required to present to the Court a proposed scheduling order, in the form attached hereto, setting forth deadlines for the joining of other parties and amending the pleadings; service of motions; and the completion of discovery. If more than 90 days discovery time is requested, the proposed order should be accompanied by an explanation of the necessity for the protracted period. The proposed order shall provide that motions to add parties or to amend the pleadings must be served no more than 30 days after the date of the scheduling order. All counsel are required to make a realistic estimate of the time needed for discovery but all requested periods of discovery shall remain under the supervision of the Court, and lengthened or shortened as the case dictates, and the Court shall enter a scheduling order accordingly. In the event counsel are unable to agree upon the terms of the scheduling order or fail to submit a proposed order to the Court within the time required by this paragraph, discovery shall be limited to the time provided in the Mississippi Rules of Civil Procedure. Extensions of deadlines will be granted by the Court only upon a showing of good cause.

IN THE CIRCUIT COURT OF _____________________ COUNTY, MISSISSIPPI

______________________

PLAINTIFF(S)

CAUSE NO. ______________

VS.

______________________

DEFENDANT(S)

SCHEDULING ORDER

Pursuant to Rule 83 of the Mississippi Rules of Civil Procedure and Local Rule 3(a) of the Fourth Circuit Court District, it is hereby ORDERED.

1. All motions to amend the pleadings shall be filed on or before ______________, and shall be served no later than thirty (30) days after the entry of this Scheduling Order;
2. All motions to add or join additional parties shall be filed on or before _____________, and shall be served no later than thirty (30) days after the entry of this Scheduling Order;
3. Plaintiff(s) shall designate all expert witnesses on or before __________________;
4. Defendant(s) shall designate all expert witnesses on or before _________________;
5. All discovery, including all evidentiary depositions, shall be completed by _______________; and
6. All dispositive motions shall be filed on or before __________________________.

SO ORDERED AND ADJUDGED this the _____ day of _________________, _________.

_________________________________
CIRCUIT JUDGE

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(b) Upon completion of discovery and the filing of a Pretrial Order, in the form attached hereto, a case shall be scheduled for trial.
(c) A request for a pretrial conference may be made by any party after completion of discovery and prior to the filing of the Pretrial Order.

PRETRIAL ORDER

IN THE CIRCUIT COURT OF _____________________ COUNTY, MISSISSIPPI

______________________

PLAINTIFF(S)

CAUSE NO. ______________

VS.

______________________

DEFENDANT(S)

PRETRIAL ORDER

1. Counsel for Plaintiff(s): (Name, address, telephone, fax number, bar number and e-mail)
2. Counsel for Defendant(s): (Name, address, telephone, fax number, bar number, and e-mail)
3. Counsel for other parties: (Name, address, telephone, fax number, bar number, and e-mail)
4. There are pending motions as follows:
5. The following is a concise summary of the facts as claimed by:
a. Plaintiffs:
b. Defendants:
6. The following facts are established by admission or stipulation:
7. The following is a list and brief description (i.e., map, photograph, medical bill, etc.) of all exhibits (except exhibits to be used for impeachment only) to be offered in evidence by the respective parties. [Each exhibit has been marked for identification (i.e., Ex. P-I, D-I) and examined by all counsel:]
a. Plaintiffs:
b. Defendants:
c. Stipulation:
8. The following is a list and brief description of all demonstrative aids to be used by counsel but not offered as exhibits:
a. Plaintiffs:
b. Defendants:
9. The following is a list of witnesses whom plaintiffs anticipate calling at the trial (excluding witnesses used solely for impeachment). All listed witnesses must be present to testify when called unless arrangements are made with judge prior to trial:

NameAddressTelephone No.Fact/ExpertLiability/Damages
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

IF THERE ARE OBJECTIONS TO DEPOSITION TESTIMONY, COUNSEL ARE RESPONSIBLE FOR MAKING ARRANGEMENTS FOR PRETRIAL RULINGS BY THE JUDGE. OBJECTIONS MADE LESS THAN FIVE (5) DAYS PRIOR TO TRIAL ARE WAIVED.

10. The following is a list of witnesses whom the defendants anticipate calling at the trial (excluding witnesses used solely, for impeachment). All listed witnesses must be present to testify when called unless arrangements are made with the judge prior to trial:

NameAddressTelephone No.Fact/ExpertLiability/Damages
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

By Deposition:

11. How many days do you estimate trial to last?

This Order will control the course of trial and may not be amended except by order of the court. Done this, the______ day of___________ _______ .

_________________________________
CIRCUIT JUDGE

_________________________________

Counsel for the Plaintiffs

_________________________________

Counsel for the Defendants

Miss. L. Cir. Ct. R. 3