Miss. S. Ct. amends MRCP 3(c) and adds 42(c)

On September 25, 2014, the Miss.S.Ct. amended Rules 3 and 42 of the Mississippi Rules of Civil Procedure.

Rule 3(c) now reads:

(c) A party may proceed in forma pauperis in accordance with sections 11-53-17 and 11-53-19 of the Mississippi Code Annotated.  The court may, however, on the motion of any party, on the motion of the clerk of the court, or on its own initiative, examine the affiant as to the facts and circumstances of his pauperism.

(It formerly read:  (c) Proceeding in forma pauperis. — If a pauper’s affidavit is filed in the action the costs deposit and security for costs may be waived. The court may, however, on the motion of any party, on the motion of the clerk of the court, or on its own initiative, examine the affiant as to the facts and circumstances of his pauperism.)

Rule 42 is amended to add a new subsection which reads as follows.

42(c) Counties Within a Single Circuit or Chancery Court District: When civil actions involving common questions of fact or law are pending in different counties of a single Circuit or Chancery Court district, such actions may be consolidated for coordinated or consolidated pretrial proceedings and, if the actions do not involve trials by jury, may be consolidated for all purposes.  All judges presiding over the cases to be consolidated must agree to the consolidation and to the judge who will preside over the cases for the purposes stated herein.  For the purposes of this rule, “pretrial proceedings” means all matters presented to the judge prior to trial except dispositive motions.

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