Miss.S.Ct. nixes MRCP comments; replaces them with Advisory Committee Notes

Anderson got to it first (because that’s just the way he is but, seriously, I could have posted this earlier if I could ever figure out computers.  I keep hitting submit on the hand down list and nothing happens).

This matter is before the en banc Court on the Motion for the Amendment of Comments to the Mississippi Rules of Civil Procedure filed by the Supreme Court Rules Advisory Committee. As created by order of this Court originally dated November 9, 1983, the Committee is composed of members who represent the bench, bar, and the law schools of this state. In keeping with its responsibilities and for the purpose of assisting the bench and bar, the Committee has promulgated the notes that follow the Court’s rules. These notes, while not official comments of the Supreme Court, are the product of extensive research and review and have been vetted by the members of the Committee as well as other trial judges and practicing members of the bar. The Court expresses its sincere appreciation for the Committee’s commitment, diligence, and hard work. Having carefully considered the motion and its attachments, the en banc Court finds that the motion should be granted to the extent provided in this order.

IT IS, THEREFORE, ORDERED that the current Comments to the Mississippi Rules of Civil Procedure are repealed effective July 1, 2014.

IT IS FURTHER ORDERED that the Advisory Committee Notes to the Mississippi Rules of Civil Procedure as contained in Exhibit “A” are approved for publication with the Mississippi Rules of Civil Procedure effective July 1, 2014.


The new comments are here

And here on Thus Blogged Anderson, Justice Griffis of the COA explains the reason for the comments.

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