Miss. Ch. C. R. 8.05

As amended through October 31, 2024
Rule 8.05 - [Effective 4/18/2024] FINANCIAL STATEMENT REQUIRED
(A) Unless excused by order of the court, or unless waived by either or both parties and allowed by the court, each party in every domestic case involving economic issues and/or property division shall provide the opposite party or counsel, if known, the following disclosures, such statement to be substantially in the form of Form 1 in Part 12 of these rules:
(1) A detailed written statement of actual income and expenses and all marital and nonmarital assets and liabilities;
(2) Copies of the preceding year's federal and state income tax returns, in full form as filed, or copies of W-2s if the return has not yet been filed; and
(3) A general statement of the providing party describing employment history and earnings from the inception of the marriage or from the date of divorce. For all other proceedings, for the five years preceding the date of filing the Petition.
(B) In the alternative, by agreement of the parties, or on motion and by order of the court, or on the court's own motion, the required financial disclosures may be made substantially in the form of Form 2 in Part 12 of these rules.
(C) The party providing the required written statement shall immediately file a Certificate of Compliance with the chancery clerk for filing in the court file.
(D) A party filing a document containing personal identifiers and/or sensitive information and data may:
(1) file an unredacted document under seal, which document shall be retained by the court as part of the record; or,
(2) file a reference list under seal. The reference list shall contain the complete personal data identifiers and/or the complete sensitive information and data required by this Rule.
(E) The disclosures shall be provided by the plaintiff not later than the time that the defendant is to appear in court for temporary relief, or the date defendant's answer (if required) is due, whichever is earlier.
(F) The defendant's disclosures shall be provided at the time that the defendant is summoned to appear, or defendant's Answer is due, but not later than 45 days from the date of the filing of the commencing pleading.
(G) The court may extend or shorten the required time for disclosure upon written motion of one of the parties.
(H) A party is under a duty to supplement prior disclosures if that party knows that the disclosure, though correct when made, no longer accurately reflects any and all actual income and expenses and assets and liabilities, as required by this Rule.
(I) When offered in a trial or a conference, the party offering the disclosure statement shall provide a copy of the disclosure statement to the court, the witness, and opposing counsel.
(J) This rule shall not preclude any litigant from exercising the right of discovery, but duplicate effort shall be avoided.
(K) The failure to observe this rule, without just cause, shall constitute contempt of court for which the court shall impose appropriate sanctions and penalties.

Miss. Ch. C. R. 8.05

Amended effective 7/1/1996; amended effective 1/8/2009, to provide procedures for filing documents containing sensitive personal information; amended effective 7/1/2011 to incorporate an optional long form financial statementstatement; amended effective 7/1/2012 to provide a duty to supplement disclosures.; amended effective 4/18/2024.