Appeals from justice to county or circuit court – 10 or 30 days to file the notice of appeal?

I don’t know if anyone is having a problem with this rule but I just got a call about it so, for what it’s worth, the time for filing a notice of appeal from justice court is thirty days notwithstanding what the statute, MCA § 11-51-85, says (it specifies ten days).   Rule 1.25 of the Justice Court Rules provides that appeals from Justice Court shall be governed by the rules for appeals to County and Circuit Courts.  Rule 5.04 of the Circuit and County Court Rules sets a 30-day period for appeals from Justice Court.   The Mississippi Supreme Court has made it clear that the courts and not the legislature sets the court’s procedural rules and, thus, the rules allowing thirty days to appeal prevail over the statute allowing a mere ten days.  The Court addressed this issue in Davis v. Nationwide Recovery Service, Inc., 797 So.2d 929 (Miss. 2001).  

5 thoughts on “Appeals from justice to county or circuit court – 10 or 30 days to file the notice of appeal?

  1. Interesting … I wonder why the Davis Court didn’t think it was jurisdictional & thus (presumably?) within the scope of the Legislature? Thus spake Campbell v. McCormick Motorcar Co., 147 Miss. 777, 113 So. 175 (1927) … obviously a pre-Rules case, but still. Could the MSSC then decide that other statutory limits on jurisdiction, such as amount in controversy, are null?

  2. Oh, agreed there. Unless of course the idea is to discourage appeals. I wonder at what point that would violate the Open Courts Clause … 24 hours to appeal?

  3. On the other hand, try to explain to inmates why they don’t have unlimited opportunities to ask for relief from the courts. I swear, some of them think the Fifth Circuit exists merely to let them out. I guess that explains a lot. Like why they keep hiring a so-called “paralegal” to file b.s. post conviction and habeas pleadings.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s