Notwithstanding the presence of one or more of these factors, the Supreme Court may decline to grant a petition for certiorari for review of the decision of the Court of Appeals. The Court may, in the absence of these factors, grant a writ of certiorari.
Miss. R. App. P. 17
ADVISORY COMMITTEE HISTORICAL NOTE
Effective January 3, 2002, a new Rule 17(k) was adopted. 803-804 So.2d XIX (West Miss.Cases 2002).
Effective June 24, 1999, Rule 17(b) was amended to effect editorial changes. 735 So.2d XIX (West Miss.Cases 1999).
Effective January 1, 1999, Rule 17(b) was amended to provide that untimely certiorari petitions may be summarily dismissed by a single justice and to provide that motions to extend the time to file a certiorari petition must be made within the original 14 days. 717-722 So.2d XXVII (West Miss.Cases 1998).
Effective January 1, 1999, Rule 17(e) was amended to effect a technical change. So.2d 717-722 XXVII (West Miss.Cases 1998).
Effective June 21, 1996, Rule 17(e) was amended to enlarge the period for acting on certiorari petitions from sixty to ninety days. In addition, Rule 17(b) was amended to redesignate rehearing "petitions" as "motions," and Rule 17(d) was amended to consistently designate certiorari "petitions" as "petitions" and effect another technical change. 673-678 So.2d XXXIX-XL (West Miss. Cases 1996).
Effective September 25, 1995, Rule 17(b) was amended to make clear that the time for filing a petition a writ of certiorari begins to run with the entry of the judgment of the Court of Appeals on the required petition for rehearing, and to effect unrelated technical changes. 660 So.2d LXXXIII-LXXXIV (West Miss.Cases 1995).
Effective February 10, 1995, Rule 17(j) was amended to state that the clerk shall issue the mandate in accordance with Miss.R.App.P. 41. 648 So.2d XXXII (West Miss.Cases 1995).
Effective January 1, 1995, the Supreme Court promulgated Miss.R.App.P. 17, entitled "Review in the Supreme Court Following Decision by the Court of Appeals." Miss.Sup.Ct.R. 17 had been designated reserved. 644-647 So.2d LI-LIII (West Miss.Cases 1994).
Comment
Rule 17 provides a procedure by which parties may seek Supreme Court review of a judgment of the Court of Appeals. Section (a) follows Miss. Code Ann. § 9-4-3(2)(Supp. 1994) which provides that "[d]ecisions of the Court of Appeals are final and are not subject to review by the Supreme Court, except by [grant of] writ of certiorari . . . by the affirmative vote of four (4) of [the Supreme Court's] members."
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