District Guidelines
Due to such a large district with five counties and to ensure that a case is set, please contact the appropriate Judge’s office to get a court date so that we may send out proper notices and/or complete Agreed Orders Setting Court Dates. Cases that are not noticed by the Judge’s office or an Agreed Order Setting Court date completed, may be subject to continuances. When a case is set or reset in Court, we do our best to put it on the docket, however to ensure that it is placed on the appropriate date, place and time, it is best to prepare an Agreed Order Setting the Case to be signed by the appropriate Judge and with said Order filed in the court file. Unless scheduled on the Judge’s docket, please check with the appropriate Judge’s office and/or the Clerk’s office before making a trip to present any ex parte orders to the Judge for execution. Neither Judge will conduct court proceedings in the Board of Supervisors room in Simpson County or the small court room in the Chancery Building in Jefferson Davis County, unless an emergency or unless otherwise indicated by their office.
Either Chancellor may sign Final Decrees for divorce only if they were filed as a joint complaint for divorce by both parties on the grounds of irreconcilable differences or open any estate(nothing else in estate matters) regardless of the Chancellor that the case was assigned to. However, should any of these matters become contested or a petition for contempt and/or modification be filed therein, (INCLUDING ALL DEPARTMENT OF HUMAN SERVICES CASES), then the case will have to be heard by the assigned Judge regardless of which Judge may have signed the original uncontested order.
If you are unsure which Chancellor/Judge is assigned to your case in order to contact the appropriate court administrator to set a court date, please contact the Clerk of the county in which your case is filed.
We have docket calls in each County, being the first day of that Court term. Docket calls are for setting cases, especially when the two sides can’t agree on a setting. Because of the Administrative Office of Court tracking requirements, any case that has been on the docket or will have been on the docket for at least one year from the date of filing may be set by the Court at docket for a status conference. Pursuant to guidelines set for time standards, all uncontested divorces will be completed within six months, all domestic cases will be completed within twelve months of process, absence special circumstances, and all other matters within eighteen months. Any cases set by the request of any attorney at docket call or set by the Court will either be tried or dismissed on the day they are set. Although it is not a requirement that attorneys attend all docket calls, should they have a case that falls within the parameters above, not being present at docket call will not be an excuse for having a case continued. All regular Chancery Court terms for the two Chancellors will be conducted from Monday through Thursday of each and every Court term as outlined herein, unless a holiday occurs during said court term or unless the Judge sets a matter by Order for Friday or Saturday during any Court Term.
On a Rule 81 summons, the return date will be subject to one allowance of a continuance should either party request the same. Said continuance shall be set within a period of approximately two weeks, unless otherwise agreed by the plaintiff/petitioner’s attorney. Should you be employed to represent a defendant/respondent therein and will be asking for a continuance, every effort should be made to agree on a new date prior to the R81 hearing date so that parties and/or witnesses will not have to appear in Court when the case will be reset. If a new court date is reached to reset the case by the attorney(s), then the Attorney that set the R81 date should contact the appropriate Judge’s office and remove said case from the date prior to the court date.
REMINDER: Contact Judge’s Court Administrator to schedule any ex parte matters from 9:00 a.m. until 9:30 a.m. any morning of any regular court term for either Judge or any other contested matters can be scheduled by the Court Administrator for the Chancellor that the case is assigned to, with all contested matters to begin at 9:30 a.m. during the regular Chancery Court terms as outlined in the Court calendar.
ON ALL WEDNESDAYS OF ANY DESIGNATED CHANCERY COURT TERM, ON Judge Shoemake’s dockets, minor settlements, any ex-parte or uncontested matter can be scheduled on his docket. ON Judge Martin’s dockets, temporary hearings will receive priority over other matters regardless of case’s place on the docket. Each side is allowed ten (10) minutes to present his or her case unless allegations of unfitness, abuse, endangerment, etc., which would impact temporary child custody are involved, in which case each side will be allowed thirty (30) minutes.
ON ALL CONTESTED ISSUES THE COURT REQUIRES A PRETRIAL CONFERENCE be held and the Pre-Trial Order completed and signed by all counsel of record at the conference, at which time the Judge will sign the Pre-Trial Order and at that time a final trial date will be given thirty (30) days from the date of the Pre-Trial Order being signed.
FINAL JUDGMENTS
Generally, there is a difference between and “Order” and a “Final Judgment”. (See: M.R.C.P. 54(a) and M.R.C.P. 7(b)(1)). Sometimes, when we get the two confused and use the wrong designation, it is impossible for the Clerk to know that an action has or has not been finally concluded and thus, whether or not to file the final reports of the action and whether or not to close the file. In an effort to resolve this confusion, we should always use the designation Final Judgment when the action has been finally concluded. Temporary Orders should be designated as such and Orders on Motions should set forth the type or style of the Motion to which it applies.
Every Final Judgment should contain the following just above the quote “So Ordered and Adjudged” line:
“This is a Final Judgment”
Also, please recall that Judgments in divorces on the grounds of irreconcilable differences should be designated as Judgment for Divorce–Irreconcilable Differences. (U.C.C.R. 8.04)
INFORMATION TO BE INCLUDED IN COMPLAINTS & JUDGMENTS IN DIVORCE ACTIONS
Section 93-5-33 requires that certain information regarding divorces be reported on forms furnished by the Mississippi State Board of Health. This Statistical Record of Divorce form furnished by the Board of Health requires the following information, inter alia, which must be included in the Complaint for Divorce as well as in the Judgment Granting Divorce.
- Husband/Partner’s Name (First, Middle, Last)
- Husband/Partner’s Race (White, Black, Native American, etc. . .)
- Husband/Partner’s Residence – State
- Wife/Partner’s Name (First, Middle, Last)
- Wife/Partner’s Maiden Name
- Wife/Partner’s Race (White, Black, Native American, etc. . . )
- Wife/Partner’s Residence – State
- Place of Marriage (State or Foreign Country)
- Date of this Marriage
- Date Couple Last Resided in Same Household (Month, Day, Year)
- Number of Children Under 18 in this Household as of the Date of Item 10
- Legal Grounds for Decree (Briefly Stated)
Also, all divorce cases SHALL HAVE financial statements filed in the court file, prior to presenting the Final Judgment of Divorce, pursuant to Rule 8.05 (including all attachments in accordance with said rule). Further, all divorces should have all the parties names, addresses and phone numbers included on the documentation including who prepared said documentation with name, address and phone number. (This includes Pro Se divorces).
All counties now utilize MEC so there should generally be no need to check out a physical court file (the the same does exist). In the event you need to do so, only an attorney who is counsel of record in the case may check out files and must personally sign the receipt book acknowledging he or she has such file. Clients, staff and others are not permitted to check out files. All files must be returned no later than three (3) days after the same is checked out. ATTORNEYS remain responsible for any checked out file (and subject to findings of contempt) until the file is signed in by a clerk or deputy.
All of our counties are now on MEC (Mississippi Electronic Courts) therefore your Orders can be signed by the Judge and filed on that same day by his Court Administrator. The attorney of record for each case will be sent a copy of the filed order via MEC. You may present your order to the Judge when he is on the bench, email it to his Administrator, or mail it via U.S. Postal Service.
This Court calendar is set over several months in advance and some changes may be necessary throughout the course of the year. The calendar will be accurate most of the time; however, meetings, conferences, special settings and unforeseen circumstances will occur from time to time to require change in schedules.
Thank you for your cooperation in working with us to allow our Chancery Court District to run smoothly and we hope this calendar will assist you in scheduling Court Date.
| DAVID SHOEMAKE CHANCERY JUDGE POST ONE |
GERALD MARTIN CHANCERY JUDGE POST TWO |
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