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:
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. 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.
Miss. R. App. P. 16
Advisory Committee Historical Note
Effective October 15, 1998, Rule 16(d) was amended to provide that the clerk will designate those cases retained by the Supreme Court and those assigned to the Court of Appeals. 717-722 So.2d XXVII (West Miss.Cases 1998).
Effective January 1, 1995, the Supreme Court promulgated Miss.R.App.P. 16, entitled "Jurisdiction of the Supreme Court and the Court of Appeals; Assignment of Cases to the Court of Appeals." Miss.Sup.Ct.R. 16 had been designated reserved. 644-647 So.2d XLIXXLI (West Miss.Cases 1994).
Comment
M.R.A.P. 16, dealing with the jurisdiction of the Supreme Court and the Court of Appeals, has no counterpart in the former Supreme Court Rules. The rule specifies the cases which must, pursuant to Miss. Code Ann. § 9-4-3-(1) (Supp. 1994), be decided by the Supreme Court. The rule further provides that all matters involving bar discipline and judicial performance will be decided by the Supreme Court, as will certified questions from federal courts. The rule makes it clear that any other case may, in the discretion of the Supreme Court, be assigned to the Court of Appeals. The rule sets forth criteria for retention of other cases in the Supreme Court, but the rule suggests that the Supreme Court will not ordinarily exercise its discretion to retain a case unless it is apparent that the case presents an issue which is of such broad and fundamental public importance that the Supreme Court must ultimately be involved in its disposition or unless the issue presented is such that its resolution is highly likely to result in significant development of the law. The rule does not preclude the assignment of cases involving law development to the Court of Appeals but provides that such assignments will not be routinely made.
Section (d) provides that a party has no right to have his case heard by the Supreme Court, and section (a) provides that the Court will not entertain any pleading which seeks to have a case reassigned to the Supreme Court from the Court of Appeals.
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