Thursday, May 12, 2016

Appellate Rule Change

Last week, the Mississippi Supreme Court revised Rule 28 of the Rules of Appellate Procedure.  A copy of the amended rule is located here.  Briefs will now need to contain a Statement of Assignment also after June 1, 2016.  A statement of assignment has to have the below: 

"( 4) Statement of Assignment. This statement must succinctly give the reasons, if any, that the Supreme Court either must or should retain the case for the reasons stated under Rule 16(b) or (d). The statement should include citations to any cases sought to be overruled or perceived to be in conflict."

This almost sounds like what would be filed in a certiorari petition.  This change could be a sign than even less cases are going to be reviewed by the Mississippi Supreme Court if they are assigned to the Court of Appeals. 

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