| Policies and Procedures for Civil Cases | | Print | |
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Judge Harrell's Policies and Procedures for Civil Cases DISCOVERY Rule 4.04A, URCCC, mandating that discovery be completed within ninety (90) days of an answer being filed, will be enforced, barring the entry of a scheduling order setting forth reasonable deadlines. After entry of the scheduling order, discovery deadlines may not be extended by any understanding between the parties, but only by order of the Court. The Court will respect agreed scheduling orders submitted by the parties, but all scheduling orders must include a trial setting. The MRCP and URCCC must be read together; neither stands alone. Consequently, Rule 4.04A, URCCC, does not extend discovery under the MRCP regarding expert witnesses. Responses to discovery requests concerning experts are to be provided within thirty (30) days of such an interrogatory being propounded, and if not then known must be "seasonably" supplemented. Finally, Judge Harrell allows for trial depositions and interrogatory supplementation until a reasonable period before trial consistent with the caselaw. Discovery is intended to assist litigants in obtaining all non-privileged information reasonably calculated to lead to the discovery of admissible evidence. All of the rules of MRCP, including those of discovery, are designed to ensure the "just, speedy, and inexpensive determination of every action." Therefore, the Court generally construes discovery requests somewhat broadly for all parties. Unless and until the Mississippi appellate courts rule otherwise, Judge Harrell follows the position of the United States Court of Appeals for the Fifth Circuit that standard boilerplate objections, such as repeating the litany that "the request is overly broad, burdensome, oppressive, and irrelevant," is no response at all. Rather, the objecting party must state specifically how each interrogatory is not relevant or how each question is overly broad, burdensome or oppressive. Upon any motion to compel, where such a "non-response" was given, sanctions, including attorney fees, will be imposed upon request in accordance with MRCP Rule 37(4). Motions to compel discovery must comply with Rule 37, MRCP, and Rule 4.04(c), URCCC. Failure to act in good faith to provide discovery and/or to act in good faith in resolving discovery disputes to avoid unnecessary time and resources expended by the Court will result in imposition of sanctions. MOTIONS To expedite its business, the Court is not obligated to grant oral argument and may rule on any motion, without oral hearing, upon the motion, responses, and briefs filed or submitted. Therefore, attorneys are reminded that under Rule 4.03, URCCC, memoranda briefs in support of, and in opposition to, any motion to dismiss or for summary judgment must be provided to the judge. Motions for summary judgment must also include an itemization of the facts relied upon and not genuinely disputed. Accompanying memoranda briefs in support of, or in opposition to, all other motions are not required, but are encouraged since the judge may rule without oral argument. Respondents have ten (10) days after service of movant's memorandum brief in which to submit one in reply. Movant may submit one in rebuttal within five (5) days of service of respondent's reply. Under Rule 4.03, URCCC, all dispositive motions are deemed abandoned unless heard at least ten (10) days before trial. Except for good cause shown, motions in limine will not be heard the day of, or during the course of, trial. Such dilatory motions may be summarily overruled, necessitating timely objection during the course of trial concerning the subject matter of any such motions. All motion dates must be agreed upon by the parties. If the parties are unable to agree on a date, the movant shall contact the court administrator, and the court administrator will provide three available dates, from which the parties can choose an agreeable date. SCHEDULING ORDERS Judge Harrell requires that within 45 days of completion of service of process that the parties enter into an agreed scheduling order. If the parties are unable to agree on a scheduling order, they should promptly notify the Court, and the Court will sua sponte enter a scheduling order. The scheduling order shall include but not be limited to: discovery deadlines, motion deadlines, expert designation, etc. JURY INSTRUCTIONS In addition to any filings with the Clerk. Judge Harrell requests that an electronic version of the Jury Instructions be furnished to the Court, on C.D. ROM or a floppy disk. The above policies and procedures shall in no way be construed to trump the local rules, the Uniform Rules of Circuit and County Court, or the Mississippi Rules of Civil Procedure |
| Last Updated on Monday, 08 March 2010 13:51 |