The Rules – The really big one.

What do we do about Rule 81?  The Conference of Chancery Judges passed a motion to move the notice provisions to Rule 4.  The Civil Rules Advisory Committee passed it to the Supreme Court.  It’s been out for comment.  What will the commenters say?

I’ve heard several Justices wonder out loud –  why do we say that the Rules supplant the Statutes but allow the statutes to control certain statutory claims?  Could you not just follow the MRCP to resolve all claims brought in Miss. Courts?

Why would you have your Notice provision at Rule 4, and then 77 rules later you say, oops, we have a different notice provision in some cases?

One thought on “The Rules – The really big one.

  1. Rule 81 is a procedural quagmire with no appellate decisions for guidance. For example, if you file an amended petition per Rule 15, is a new Rule 81 summons required or is Rule 5 applicable? I had a Chancellor rule that a new summons is required. I disagree and will appeal the dismissal of the amended petition to see if the appellate court can answer the question.

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