Handbook for Mississippi Circuit Court Clerks 2019 Copyright by Mississippi Judicial College A Division of the University of Mississippi School of Law UNIVERSITY OF MISSISSIPPI LAW CENTER DEAN Susan Duncan MISSISSIPPI JUDICIAL COLLEGE BOARD OF GOVERNORS Judge Cynthia Lee Brewer, Chancery Court, Chair Judge Donna M. Barnes, Mississippi Court of Appeals Judge William A. Boykin, Justice Court Justice Robert P. Chamberlin, Mississippi Supreme Court Bill Benson, Constituent Advisory Committee Representative Judge William J. Halford, Jr., Municipal Court Judge Edwin Hannan, County Court Judge Michael M. Taylor, Circuit Court DIRECTOR Randy G. Pierce ADDRESS Mississippi Judicial College University of Mississippi P.O. Box 1848 University, Mississippi 38677 TELEPHONE AND FACSIMILE Telephone: (662) 915-5955 Facsimile: (662) 915-7845 FOREWORD The Handbook for Mississippi Circuit Court Clerks is drafted in such a way as to easily facilitate the addition of new material, changes in the law, and make corrections as needed. To search for a word, phrase, or particular chapter within the Handbook document, please press down the “Ctrl/Control” button and then press the “F” button, and a “Find” box will open. Simply type the word, phrase, or particular chapter’s name, such as “burden of proof” or “Chapter 16,” in the blank and press “Enter.” Click “Next” to move through the document. To return to the front of the Handbook to conduct another search, please exit the “Find” box and press the “Home” button. Any suggestions that you may have to further improve the style, format, presentation, or subject matter of the Handbook should be addressed to: Mississippi Judicial College c/o Carole E. Murphey Research Counsel II P.O. Box 1848 University, MS 38677 E-mail: [email protected] Telephone: 662-915-5955 Fax: 662-915-7845 TABLE OF CONTENTS TITLE CHAPTER GENERAL PROVISIONS The Circuit Court . 1 Circuit Court Clerks & Their Duties. 2 Circuit Clerk Fees & Assessments . 3 Payment & Collection of Court Costs, Fines, Assessments & Restitution. 4 Administrative Office of Courts & Mandatory Reporting Requirements. 5 Public Access to Public Records. 6 Voter Registration. 7 Marriage License Procedures . 8 Notary Procedures. 9 Legal Research . 10 JURY MANAGEMENT & PROCEDURES The Jury Selection Process . 11 The Grand Jury & Indictments . 12 The Petit Jury & Verdicts . 13 i CIVIL PROCEDURES AND PROCEEDINGS Rules of Court & Civil Trial Procedures . 14 Selected Causes of Action . 15 Eminent Domain . 16 Judgments Enrolled in Circuit Court . 17 Executions on Judgments . 18 Garnishments . 19 CRIMINAL PROCEDURES AND PROCEEDINGS Rules of Court & Criminal Trial Procedures . 20 Selected Criminal Offenses. 21 Bail Bonds...................................................................22 Driving Under the Influence . 23 Intervention Courts . 24 Commitments to the Mississippi Department of Corrections. 25 Commitments Due to Incompetence to Stand Trial. 26 OTHER PROCEEDINGS Youth Court . 27 ii Protection From Domestic Abuse. 28 Reserved . 29 APPELLATE PROCEEDINGS Appeals to Circuit Court . 30 Appeals to the Mississippi Supreme Court. 31 iii CHAPTER 1 THE CIRCUIT COURT Establishment of the Circuit Courts . 1-1 Circuit Court Subject Matter Jurisdiction. 1-1 General Subject Matter Jurisdiction . 1-1 Civil . 1-1 Criminal . 1-2 Special Statutes Conferring Jurisdiction to Circuit Court. 1-2 Appellate Jurisdiction . 1-3 Civil Appeals . 1-3 Criminal Appeals . 1-5 Administrative Appeals . 1-5 Transfer of Jurisdiction. 1-6 To Circuit Court . 1-6 From Circuit Court . 1-6 Civil Cases . 1-6 Criminal Cases . 1-7 Youth Court Cases . 1-7 In Forma Pauperis . 1-9 Circuit Court Powers & Authority . 1-11 i Rule Authority. 1-11 Statutory Authority . 1-12 In General . 1-12 Court Processes. 1-13 Criminal Procedure . 1-14 Court Administration . 1-21 Office Administration . 1-23 Circuit Court Districts. 1-25 Circuit Court Terms of Court . ..