Miss. R. Crim. P. 34.2

As amended through March 21, 2024
Rule 34.2 - Hearing; Oral Argument

Upon request of any party, or on its own initiative, the court may set any motion for hearing. The court may limit or deny oral argument on any motion. It is the duty of the movant, when a motion or other pleading is filed (including a motion for a new trial), to pursue the motion to hearing and decision. Failure to pursue a pretrial motion to hearing and decision before trial is deemed an abandonment of that motion; however, the motion may be heard after the commencement of trial.

Miss. R. Crim. P. 34.2

Adopted eff. 7/1/2017.

Comment

Rule 34.2 is based on former Rule 2.04 of the Uniform Rules of Circuit and County Court. The hearing and oral argument provisions are intended to give the court maximum discretion in deciding what procedures, in addition to the written motion and memoranda, will be most helpful to it in reaching a reasoned and expeditious decision on each issue. No party has an absolute right to oral argument on a motion.