A. GeneralThe system will generate a Notice of Electronic Filing for entry of all orders as described in these procedures. Any order signed electronically has the same force and effect as if the judge had affixed the judge's signature to a paper copy of the order and it had been entered on the docket conventionally.
B. Text Only OrdersThe assigned judge or the clerk's office, if appropriate, may grant routine orders by a text-only entry upon the docket. In such cases, no PDF document will issue and the entry will contain language that "no further written order will issue from the court." The text-only entry shall constitute the court's only order on the matter. A text-only order carries the same weight and authority as a written order signed by the judge.
C.Proposed Orders Procedure1. Electronic Submittals - Generally: Except as provided in subsection 3 below, all proposed orders must be e-mailed to the assigned judge and all parties. The judge's e-mail address is listed on the MEC website, mec.ms.gov. A proposed order should not be filed. The proposed order must be in WORDPERFECT FORMAT or such other word-processing format established by the judge. The subject line of the e-mail message should indicate the case title, cause number and document number of the motion, e.g., Smith v. Jones 3:02-cv-1234, motion#___. Final orders will be electronically signed and filed in the system.2. Electronic Submittals - Joint Orders: In the case of a proposed order to bear the signature of two or more attorneys, the following procedure should be used: a. The drafting attorney shall initially confirm that all persons required to sign the proposed order have reviewed it and that it is acceptable as presented (e.g., agreed as to form only or as to form and substance).b. The drafting attorney then shall submit the proposed order to the judge electronically, indicating the signatories, e.g., "s/Jane Doe," "s/John Doe," etc. and including a signature line for the judge. The e-mail to the judge shall confirm that all persons required to sign the proposed order have reviewed the proposed order and that it is acceptable as presented. All persons required to sign the proposed order shall be copied on the e-mail to the judge.c. A non-drafting signatory or party who disputes the authenticity of a proposed order containing multiple signatures or the authenticity of the signatures themselves must file an objection to the proposed order within ten (10) days of the transmittal of the proposed order to the judge. However, the judge may enter the proposed order at any time after it is submitted.3. Hard-Copy Proposed Orders: a. If a hard copy of a proposed order includes hand-written signatures, the drafting attorney shall submit the proposed order as requested by the judge either by: (1) sending the hard copy to the judge; or (2) electronically submitting the proposed order as set forth in subsection 2.b. with the drafting attorney retaining the hard copy of the proposed order containing the original signatures.b. If a proposed order is tendered in person (e.g., at a hearing or in chambers), the presenting attorney shall submit a hard copy of the proposed order bearing the hand-written signatures of all persons required to sign the order. If the judge approves the order, it will be signed, scanned, and filed in the system by the judge, chambers, or clerk.D. Proposed Case Management Orders and Final Pretrial OrdersProposed case management orders and final pretrial orders, when required by the judge assigned to the case, shall be submitted by e-mail to the appropriate judge at the e-mail address listed on the MEC website, mec.ms.gov. A signature line for the judge shall be included.
E. Entry of OrdersThe office of the clerk of court or a judge shall file all orders, decrees, judgments, and proceedings of the court in accordance with these procedures, which shall constitute entry of the order, decree, judgment, or proceeding on the docket kept by the Clerk under M.R.C.P. 58 and 79, URCCC 11.05, and UCCR 5.06. The system will generate a Notice of Electronic Filing when any document is filed, including orders of the court. The system generated notice fulfills the clerk's notice requirements under M.R.C.P. 77(d) on those attorneys who are registered participants with the system. Pursuant to M.R.C.P. 77(d), the clerk shall also serve those attorneys or parties not designated or able to receive electronic notice but nevertheless are entitled to notice of said pleading or other document in accordance with the Mississippi Rules of Civil Procedure.
December 2008; rev. September 2009; rev. May 2012, eff. 7/1/2012; rev. June 2016, eff. 6/16/2016; rev. November 2016, eff. 12/1/2016