Miss. R. App. P. 30

As amended through March 21, 2024

Rule 30 - Record Excerpts

(a)Mandatory Record Excerpts. Appeals shall be on the record as designated pursuant to Rule 10. Also, at the time of filing appellant's brief, appellant shall file four (4) copies of the following portions of the trial court record, to be indexed and bound together, but not in the brief:

(1) a true copy of the trial court docket;

(2) the judgment or interlocutory order appealed from;

(3) all other orders or rulings sought to be reviewed; and

(4) all supporting opinions, findings of fact or conclusions of law filed or delivered orally by the trial court.

When filed conventionally, appellant shall file four (4) bound copies of the record excerpts.

(b)Optional Record Excerpts. Appellant may add to the mandatory record excerpts brief extracts from the pleadings, instructions, transcript, or exhibits if they are essential to an understanding of the issues raised.

At the time the appellee's brief is filed, the appellee may add other such extracts by filing copies of the same with an index and separately in a like manner, and labeled "Appellee's Record Excerpts." When filed conventionally, appellee shall file four (4) bound copies of Appellee's Record Excerpts.

(c)Exemption From Requirements of Rule for Inmate Appeals. The requirements of this rule are not applicable to appeals filed pro se by inmates of a facility of the Department of Corrections.

Miss. R. App. P. 30

Adopted to govern matters filed on or after 1/1/1995; amended effective 6/27/2002; amended October 17, 2018, effective 10/25/2018.

Advisory Committee Historical Note

Effective June 27, 2002, Rule 30(a) was amended to provide that the record excerpts shall include a copy of the trial court docket instead of a list of documents in the record and the transcript index. 819-821 So.2d XXII (West Miss.Cases 2002).

Effective January 1, 1995, Miss.R.App.P. 30 replaced Miss.Sup.Ct.R. 30. 644-647 So.2d LXIX (West Miss.Cases 1994).

Effective July 1, 1994, the Comment to Miss.Sup.Ct.R. 30 was amended to delete material concerning the transition from statutory procedures to Rule practice. 632-635 So.2d LII (West Miss.Cases 1994).

Effective February 20, 1991, Rules 30(a) and (b) were amended to state that all record excerpts should be filed with an index. The Rule was further amended by the addition of Rule 30(c) which states that the requirements of Rule 30 are not applicable to appeals filed pro se by inmates in the state penitentiary. 566-573 So. 2d XXXIV-XXXV (West Miss. Cases 1991).

Comment

The requirement for record excerpts with the provision for optional additions is modeled upon 5th Cir. R. 30.1.

All parties are cautioned that Rule 30(b) allows optional record excerpts that are essential to an understanding of the issues raised. If non-essential materials are included in the record excerpts, its usefulness to the court as a convenient adjunct to study of the briefs will be diminished. The fact that parts of the record are not included in the record excerpts shall not prevent the parties or the court from relying on such parts. The court will have before it the entire designated record when making its decision.