Rule 5.1 Suspended

June 8, 2015 § 2 Comments

The MSSC suspended operation of MRCP 5.1 last Thursday. Here’s the text of the order:

This matter is before the en bane Court on the Court’s own motion.

On April 28, 2015, we entered an order amending the Mississippi Rules of Civil Procedure to add Rule 5 .1. The amendment became effective that same date.

After due consideration, however, we find that the April 28 order should be vacated and that Rule 5 .1 should be suspended until further order from this Court. We further find that Rule 5.1 should be struck from the rules published on the Court’s website and omitted
from the next edition of the Mississippi Rules of Court

IT IS THEREFORE ORDERED that the April 28 order adopting Rule 5 .1 is vacated, and Rule 5 .1 is suspended until further order from this Court. Rule 5 .1 shall also be struck from the rules published on the Court’s website and omitted from the next edition of the
Mississippi Rules of Court.

SO ORDERED, this the 4th day of June, 2015.

That should alleviate for now some of the anxiety among chancellors and lawyers who have been scratching their heads over how to implement the new rule in cases involving child support, custody, and myriad other types of cases involving children in counties still using paper filings.

Remember, however, that confidentiality requirements similar to 5.1 are still in effect in MEC jurisdictions.

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