MS · rules
Miss. R. App. P. 23
CALL AND ORDER OF DOCKET
(a) Civil Cases. Except as may be provided by special order, all civil cases will be
submitted in the order in which they stand on the docket.
(b) Criminal Cases. Criminal cases may be set for call on any day when the Supreme
Court or the Court of Appeals is sitting, and in such numbers as it may designate.
(c) Oral Argument. All cases, civil and criminal, where oral argument is not granted,
will be submitted when they are reached on the docket, without the necessity of the cases
being called and without notice to the lawyers or litigants.
(d) Decisions. The minutes of the Supreme Court shall be signed and announcement
of decisions shall be made on each Thursday when the Court is sitting. The minutes of the
Court of Appeals shall be signed and announcement of decisions shall be made monthly or
more often as the Court of Appeals deems necessary.
History
Comment: Rule 23 follows the longstanding practices of the Supreme Court as to the order and call of the docket. A civil case may be expedited only by special order, while expedition in hearing a criminal case requires no such order. Normally, upon motion, the Supreme Court will enter an order expediting a case where preference is granted by statute. The statutes grant preference in certain civil cases, including quo warranto actions, actions of mandamus where the public interest is concerned, and cases involving taxes claimed by the state, county or municipality, Miss. Code Ann. § 11-3-3 (1972); in challenges to removal elections, Miss. Code Ann. § 25-5-35 (1991); and in appeals from Youth Court, Miss. Code Ann. § 43-21-651 (1972). Also by statute, cases in which the defendant has received a death sentence are preference cases. Miss. Code Ann. § 9-3-21 (1991). Rule 5(d) authorizes the Supreme Court to grant a preference in hearing interlocutory appeals and Rule 21 grants a preference in handling petitions for extraordinary writs. Rule 34 governs practice in granting and holding oral argument.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
b8acfeac0d69a69a0bd5d36b261c2a5d1a8b3ca29c477c8b8952285b1e6901e6
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