Miss. R. App. P. 48
Notwithstanding any provision in the Mississippi Rules of Appellate Procedure to the contrary, this Rule shall govern appeals by an unemancipated minor or her next friend from an adverse judgment or order of a chancery court in a waiver proceeding under Miss. Code Ann. 41-41-55(1993). For the purposes of this Rule, the term "minor" means a person under the age of eighteen (18) years.
If, in a proceeding initiated under said enactment by a minor or her next friend for waiver of the parental consent requirements to an abortion, judgment is entered denying such waiver, and the minor or next friend desires to appeal from such adverse judgment, an appeal to the Supreme Court may be taken by filing within forty-eight (48) hours after entry of such adverse judgment a written request that the record of the proceeding be certified to that Court. Promptly after filing of such request, the trial judge, within thirty-six (36) hours of notice, shall certify the judgment, together with the petition initiating the proceeding and either a stipulation of the facts or an electronic transcription of the evidence taken in the proceeding, and shall forward same to the Supreme Court. No motion to correct error or notice of appeal shall be filed.
In order to ensure anonymity and confidentiality, any written transcripts of the lower court proceedings, documents, or briefs shall make reference to said minor's identity by use of her initials only. The minor's name is not to be disclosed for purposes of this appeal.
The appeal shall be determined on the record so certified within seventy-two (72) hours of receipt in the office of the Mississippi Supreme Court clerk excluding Saturdays, Sundays, and holidays without briefs or oral argument unless the Supreme Court orders otherwise. Any party may, however, file a short statement of special points desired to be brought to the attention of the Supreme Court, which statement need not conform to the usual requirement for appellate briefs.
As provided under Mississippi Code Ann. 41-41-55 3(7), "No filing fees shall be required by any minor who avails herself of the procedures provided by this section."
Miss. R. App. P. 48
Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 48 replaced Miss.Sup.Ct.R. 48. 644-647 So.2d XCI (West Miss.Cases 1994).
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