Rule 23 Call and Order of Docket

Advisory Committee Historical Note

Effective January 1, 1995, Miss.R.App.P. 23 replaced Miss.Sup.Ct.R. 23, embracing proceedings in the Court of Appeals. 644-647 So.2d LVII-LVIII (West Miss.Cases 1994).

Comment Rule 23 follows the longstanding practices of the Supreme Court as to the order and call of the docket. A civil case may be expedited only by special order, while expedition in hearing a criminal case requires no such order. Normally, upon motion, the Supreme Court will enter an order expediting a case where preference is granted by statute. The statutes grant preference in certain civil cases, including quo warranto actions, actions of mandamus where the public interest is concerned, and cases involving taxes claimed by the state, county or municipality, Miss. Code Ann. § 11-3-3 (1972); in challenges to removal elections, Miss. Code Ann. § 25-5-35 (1991); and in appeals from Youth Court, Miss. Code Ann. § 43-21-651 (1972). Also by statute, cases in which the defendant has received a death sentence are preference cases. Miss. Code Ann. § 9-3-21 (1991). Rule 5(d) authorizes the Supreme Court to grant a preference in hearing interlocutory appeals and Rule 21 grants a preference in handling petitions for extraordinary writs. Rule 34 governs practice in granting and holding oral argument.