In Re: Uniform Chancery Court Rules
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Serial: 152196
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99006-SCT
IN RE: UNIFORM CHANCERY COURT RULES
ORDER
This matter is before the Court en banc on its own motion to amend Rule 8.05 of the
Uniform Chancery Court Rules to provide procedures for filing documents containing
sensitive personal information . After due consideration, the Court finds that the amendment
will promote the fair and efficient administration of justice.
IT IS THEREFORE ORDERED that Rule 8.05 of the Uniform Chancery Court Rules
is hereby amended as set forth in Exhibit A to this Order.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon
the minutes of the Court and that a true certified copy be forwarded forthwith to West
Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and
the Mississippi Rules of Court.
SO ORDERED, this the 11th day of December, 2008.
/s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR., PRESIDING JUSTICE
AGREE: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, GRAVES, DICKINSON,
RANDOLPH AND LAMAR, JJ.
DISAGREE: EASLEY, J.
Exhibit A
UNIFORM CHANCERY COURT RULES
RULE 8.05 FINANCIAL STATEMENT REQUIRED
Unless excused by Order of the Court for good cause shown, each party in every
domestic case involving economic issues and/or property division shall provide the opposite
party or counsel, if known, the following disclosures:
(A)
A detailed written statement of actual income and expenses and assets and
liabilities, such statement to be on the forms attached hereto as Exhibit “A” and “B”.
(B)
Copies of the preceding year’s Federal and State Income Tax returns, in full
form as filed, or copies of W-2s if the return has not yet been filed.
(C)
A general statement of the providing party describing employment history and
earnings from the inception of the marriage or from the date of divorce, whichever is
applicable.
The party providing the required written statement shall immediately file a Certificate
of Compliance with the Chancery Clerk for filing in the court file. The Certificate of
Compliance shall be in the form of the attached Exhibit “C”.
A party filing a document containing personal identifiers and/or sensitive information
and data may (1) file an unredacted document under seal; this document shall be retained by
the court as part of the record; or, (2) file a reference list under seal. The reference list shall
contain the complete personal data identifiers and/or the complete sensitive information and
data required by this Rule.
The foregoing disclosures shall be made by the plaintiff not later than the time that
the defendant’s Answer is due, and by the defendant at the time that the defendant’s Answer
is due, but not later than 45 days from the date of the filing of the commencing pleading. The
Court may extend or shorten the required time for disclosure upon written motion of one of
the parties and upon good cause shown.
When offered in a trial or a conference, the party offering the disclosure statement
shall provide a copy of the disclosure statement to the Court, the witness and opposing
counsel.
This rule shall not preclude any litigant from exercising the right of discovery, but
duplicate effort shall be avoided.
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The failure to observe this rule, without just cause, shall constitute contempt of Court
for which the Court shall impose appropriate sanctions and penalties.
[Amended effective July 1, 1996; amended effective January 8, 2009, to provide procedures
for filing documents containing sensitive personal information.]
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