Pro Se Party's Representative

Every now and then a pro se party will have someone call on their behalf who is not an attorney.  This is normally a parent or spouse.  This person could, in theory, be practicing law without a license.  The best bet is for that person to have a power of attorney over the pro se party to avoid this issue.

Restore Rights to Firearms

Is there a way for a prohibited person to restore his or her right to receive or possess firearms and ammunition?

Although Federal law provides a means for the relief of firearms disabilities, since October 1992, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
[18 U.S.C. 925(c); 27 CFR 478.144]

Tennesse Service of Process on Sunday

In Tennessee, with the exceptions contained in §§ 20-2-104 and 20-2-105, civil process shall not be executed on Sunday.  Tennessee Code Annotated § 20-2-106.  

When is a Divorce Final?

Today, the Mississippi Court of Appeals decided Arrington vs. Arrington located here.  The issue in the case was that a final decree was signed by the chancellor but never filed with the Chancery Court. By the time it was filed, one of the parties had contested the decree.  The Court of Appeals found that Rule 58 clearly provides that “[a] judgment shall be effective only when entered as provided in Rule 79(a).”  (Emphasis added).  Rule 79(a) requires the clerk to keep a “general docket” and to enter “all . . . judgments.”  Thus, we may conclude that a judgment is not final until it is recorded in the clerk’s general docket.  M.R.C.P. 58, 79(a).   As a result, the parties were back at square one on a divorce action.

Guardian Ad Litem - Not Necessarily Required in Uncontested Termination of Parental Rights

Pursuant to Mississippi Code §93-15-107 (1)(d), the Court in its discretion may waive the appointment of a guardian ad litem where the termination of parental rights is by a written, voluntary consent.