Miss. R. Youth Ct. Prac. 3

As amended through October 22, 2024
Rule 3 - Construction of Rules
(a) These rules are intended to provide a just, reasonably prompt, and efficient determination of every action within the jurisdiction of the youth court.
(b) These rules shall not be construed to extend or limit the jurisdiction of the courts of Mississippi.
(c) These rules shall be interpreted and applied in keeping with the philosophy expressed in section 43-21-103 of the Mississippi Code.

Comments & Procedures

Rule 3(a).

Rule 3(a) limits the scope of these rules to every action within the jurisdiction of the youth court. Actions not within the jurisdiction of the youth court include:

(1) any offense, unless there is a transfer to youth court pursuant to section 43-21-159 of the Mississippi Code, committed by a child 13 years or older which is:
(a) punishable under state or federal law by life imprisonment or death. See Miss. Code Ann. §§ 43- 21-105(j), -151(a) (2008); Holly v. State, 671 So. 2d 32 (Miss. 1996); Winters v. State, 473 So. 2d 452 (Miss. 1985). Cf. Williams v. State, 459 So. 2d 777, 779 (Miss. 1984) (holding that once jurisdiction is acquired by the circuit court, it is not lost by accepting a plea to a lesser-included offense or conviction for a lesser-included offense);
(b) a felony and involves the use of a deadly weapon, the carrying of which concealed is prohibited by section 97-37-1, or a shotgun or a rifle. See Miss. Code Ann. § 43-21-151(b) (2008);
(c) committed on or after the child's eighteenth birthday. See Miss. Code Ann. § 43-21-151(2) (2008);
(d) committed after the circuit court has had original jurisdiction and the child was convicted by the circuit court. See Miss. Code Ann. § 43-21-157(2008);
(e) transferred by the youth court to a criminal court. See Miss. Code Ann. § 43-21-157(2008);
(f) a hunting or fishing violation, a state or federal traffic violation, a violation under the Mississippi Implied Consent Law, a violation of a municipal ordinance or county resolution, or a violation of section 67-3-70 of the Mississippi Code. See Miss. Code Ann. § 43-21-159(2008); White v. Walker, 950 F.2d 972 (5th Cir. 1991);
(2) adoption proceedings. See Miss. Code Ann. § 93-17-3(2008); In re Beggiani, 519 So. 2d 1208 (Miss. 1988);
(3) paternity actions. See Miss. Code Ann. 93-9-15(2008); Davis v. Washington, 453 So. 2d 712 (Miss. 1984);
(4) cases involving exclusively child support, contempt, and modification issues. See Dep't of Human Servs. v. Blount, 913 So. 2d 326 (Miss. Ct. App. 2005).

Rule 3(b).

This provision reaffirms that nothing in these rules shall be construed as extending or limiting the jurisdiction of any state court. Thus, any previous appellate rulings on jurisdictional matters are unaffected by these rules. See, e.g., Helmert v. Biffany, 842 So. 2d 1287 (Miss. 2003); K.M.K. v. S.L.M., 775 So. 2d 115 (Miss. 2000); Thomas v. Byars, 947 So. 2d 375 (Miss. Ct. App. 2007).

Miss. R. Youth Ct. Prac. 3

The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012.