Statutes, codes, and regulations
Mississippi Court Rules
Mississippi Rules Of Appellate Procedure
General Provisions
Rule 23 - Call and Order of Docket

Miss. R. App. P. 23

Download
PDF
As amended through October 31, 2024
Rule 23 - Call and Order of Docket
(a) Civil Cases. Except as may be provided by special order, all civil cases will be submitted in the order in which they stand on the docket.
(b) Criminal Cases. Criminal cases may be set for call on any day when the Supreme Court or the Court of Appeals is sitting, and in such numbers as it may designate.
(c) Oral Argument. All cases, civil and criminal, where oral argument is not granted, will be submitted when they are reached on the docket, without the necessity of the cases being called and without notice to the lawyers or litigants.
(d) Decisions. The minutes of the Supreme Court shall be signed and announcement of decisions shall be made on each Thursday when the Court is sitting. The minutes of the Court of Appeals shall be signed and announcement of decisions shall be made monthly or more often as the Court of Appeals deems necessary.

Miss. R. App. P. 23

Advisory Committee Historical Note

Effective January 1, 1995, Miss.R.App.P. 23 replaced Miss.Sup.Ct.R. 23, embracing proceedings in the Court of Appeals. 644-647 So.2d LVII-LVIII (West Miss.Cases 1994).

Comment

Rule 23 follows the longstanding practices of the Supreme Court as to the order and call of the docket. A civil case may be expedited only by special order, while expedition in hearing a criminal case requires no such order. Normally, upon motion, the Supreme Court will enter an order expediting a case where preference is granted by statute. The statutes grant preference in certain civil cases, including quo warranto actions, actions of mandamus where the public interest is concerned, and cases involving taxes claimed by the state, county or municipality, Miss. Code Ann. 11-3-3(1972); in challenges to removal elections, Miss. Code Ann. 25-5-35(1991); and in appeals from Youth Court, Miss. Code Ann. 43-21-651(1972). Also by statute, cases in which the defendant has received a death sentence are preference cases. Miss. Code Ann. 9-3-21(1991). Rule 5(d) authorizes the Supreme Court to grant a preference in hearing interlocutory appeals and Rule 21 grants a preference in handling petitions for extraordinary writs. Rule 34 governs practice in granting and holding oral argument.

.