Rule 13 - Docketing the Appeal and Filing the Record(a) Docketing the Appeal. Upon receipt of the copy of the notice of appeal transmitted by the clerk of the trial court pursuant to Rule 3(d), the clerk of the Supreme Court shall enter the appeal upon the docket and assign it a docket number which includes the designation TS to serve as a tracking number. The docket number shall remain the same throughout the appellate process regardless of whether the case is assigned to the Court of Appeals or is retained by the Supreme Court. An appeal shall be docketed under the title "______________ , Appellant(s) v. ______________ , Appellee(s)," identifying appellant(s) and appellee(s).(b) Filing the Record, Partial Record, or Certificate. Upon receipt of the record transmitted pursuant to Rule 11(d), or the partial record transmitted pursuant to Rule 11(f), the clerk of the Supreme Court shall file it, replace the TS designation with a designation to indicate the kind of case it is (e.g., KA for criminal appeal, CA for civil appeal, etc.) and immediately give notice to all parties of the date on which it was filed.Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 13 replaced Miss.Sup.Ct.R. 13, embracing proceedings in the Court of Appeals. Rule 13 was further amended to effect technical changes concerning docketing and tracking appeals. 644-647 So.2d XLVI-XLVII (West Miss.Cases 1994).
Comment
Rule 13 follows Fed. R. App. P. 12. Rule 45 sets forth other duties of the clerk. Docketing the appeal at the time the notice of appeal is filed gives the Supreme Court greater control over the appellate process. It also recognizes the principle that perfection of the appeal by filing the notice vests jurisdiction over the case in the Supreme Court, except as otherwise provided by statute or rule.
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