Miss. R. App. P. 17

(a) Decisions of Court of Appeals Reviewable by Writ of Certiorari. A decision of

the Court of Appeals is a final decision which is not reviewable by the Supreme Court except

on writ of certiorari. Review on writ of certiorari is not a matter of right, but a matter of

judicial discretion. The Supreme Court may grant a petition for writ of certiorari on the

affirmative vote of four of its members and may, by granting such writ, review any decision

of the Court of Appeals. Successive review of a decision of the Court of Appeals by the

Supreme Court will ordinarily be granted only for the purpose of resolving substantial

questions of law of general significance. Review will ordinarily be limited to:

(1) cases in which it appears that the Court of Appeals has rendered a decision which

is in conflict with a prior decision of the Court of Appeals or published Supreme

Court decision;

(2) cases in which it appears that the Court of Appeals has not considered a

controlling constitutional provision;

(3) cases which should have been decided by the Supreme Court because:

(i) the statute or these rules require decision by the Supreme Court, or

(ii) they involve fundamental issues of broad public importance requiring

determination by the Supreme Court.

Notwithstanding the presence of one or more of these factors, the Supreme Court may

decline to grant a petition for certiorari for review of the decision of the Court of Appeals.

The Court may, in the absence of these factors, grant a writ of certiorari.

(b) Time for Filing Petition for Writ of Certiorari; Content and Length of Petition.

A party seeking review of a judgment of the Court of Appeals must first seek review of that

court's decision by filing a motion for rehearing in the Court of Appeals. If a party seeks

review in the Supreme Court, a petition for a writ of certiorari for review of the decision of

the Court of Appeals must be filed in the Supreme Court and served on other parties within

fourteen (14) days from the date of entry of judgment by the Court of Appeals on the motion

for rehearing, unless extended upon motion filed within such time. An untimely petition may

be summarily dismissed by a single justice of the Supreme Court. The petition for writ of

certiorari may not exceed ten (10) pages in length and must briefly and succinctly state the

precise basis on which the party seeks review by the Supreme Court, and may include citation

of authority in support of that contention. No citation to authority or argument may be

incorporated into the petition by reference to another document. The petitioner must file an

original and ten (10) copies of the petition. The petitioner must attach, as appendices to the

petition, a copy of the opinion and judgment of the Court of Appeals, and a copy of the

motion for rehearing filed in the Court of Appeals.

(c) Briefs and Oral Argument Not Permitted. Neither briefs nor oral argument shall

be allowed in support of a petition for a writ of certiorari, unless requested by the Supreme

Court.

(d) Response to Petition for Writ of Certiorari. Within seven (7) days after the filing

of a petition for a writ of certiorari, any other party to the case may, but need not, file and

serve an original and 10 copies of a written response in opposition to the petition. The

response may not exceed ten (10) pages in length. No citation to authority or argument may

be incorporated into the response by reference to another document. The respondent may

attach, as an appendix, his or her response to the motion for rehearing filed in the Court of

Appeals.

(e) Decision by the Supreme Court. The Supreme Court shall act upon a petition for

a writ of certiorari within ninety (90) days of the filing of the response provided for in

subsection (d) above, or, should no response be filed, the final date upon which such

response could be filed. The failure of the Court to issue such a writ within that period shall

constitute a rejection of the petition and the petition shall be deemed denied.

(f) Reconsideration Not Permitted. Neither an acceptance nor a rejection of a

petition for certiorari shall be subject to further pleading by a party for rehearing or

reconsideration. Prior to final disposition, the Supreme Court may, on its own motion, find

there is no need for further review and may dismiss the certiorari proceeding.

(g) Notification of Grant of Petition for Certiorari. Upon the Supreme Court's

disposition of a petition for a writ of certiorari, the clerk of the Supreme Court shall

immediately notify the parties.

(h) Supplemental Briefs; Record on Review. Upon notice of a grant of certiorari,

any party may, whether requested by the Court or not, within 10 days, file an original and 10

copies of a supplemental brief not to exceed 10 pages. No additional time or pages shall be

allowed for supplemental briefs. The Supreme Court may require supplemental briefs on the

merits of all or some of the issues for review. The Supreme Court's review on the grant of

certiorari shall be conducted on the record and briefs previously filed in the Court of

Appeals and on any supplemental briefs filed. The Supreme Court may limit the question

on review.

(i) Oral Argument. Oral argument shall not be allowed, unless requested by the

Supreme Court. The Court may require oral argument.

(j) Mandate. The timely filing of a petition for a writ of certiorari shall stay the

issuance of the mandate of the Court of Appeals. Upon the issuance of an order of denial of

a petition for a writ of certiorari or upon the expiration of the period allowed for the

Supreme Court's consideration of such a petition, the clerk of the Supreme Court shall issue

the mandate, pursuant to M.R.A.P. 41.

(k) Motions to dismiss or withdraw opinion filed after petition for writ of

certiorari. Where motions to dismiss an appeal or motions to withdraw or alter an opinion

of the Court of Appeals are filed after petitions for writ of certiorari have been filed in the

Supreme Court, the proceedings on the petitions for writ of certiorari will be suspended and

the cases will be remanded to the Court of Appeals to address the motions. After the Court

of Appeals has addressed the motions, the matter shall proceed in the Supreme Court, and,

if the motion to dismiss the case has been granted, the petition may be dismissed as moot.