APPELLATE MEDIATION

(a) Notice. Upon either receipt of the copy of the notice of appeal transmitted by the clerk of the trial court under Rule 3(d) or entry of the order granting permission to appeal under Rule 5(d), the clerk of the Supreme Court must notify the parties in eligible civil cases that appellate mediation is available under this Rule. The notification must include contact information for the appellate mediation coordinator designated by the Alternative Dispute Resolution Section of The Mississippi Bar. (b) Participation. Participation in appellate mediation is voluntary. (c) Eligibility. (1) Eligible Cases. Except as provided in paragraph (c)(2), any appeal from a final or interlocutory order in a civil case may be mediated if all parties consent and are represented by counsel. (2) Ineligible Cases. Appellate mediation is unavailable for criminal cases or civil cases involving utility rates, annexations, bond issues, election contests, the Mississippi Public Service Commission, the Mississippi Uniform Post-Conviction Collateral Relief Act, or a ruling that a statute is unconstitutional. (d) Procedure. (1) Selection of a Mediator. If the parties agree to mediate, they must first either agree on and retain a mediator or contact the appellate mediation coordinator designated by the Alternative Dispute Resolution Section of The Mississippi Bar for assistance in selecting a mediator. (2) Joint Motion for Stay. Upon agreement to mediate, the parties must file a joint motion to stay the appeal. Parties may also agree—without supersedeas bond or other security—to stay execution of a money judgment or enforcement of an order or injunction while the case is being mediated. If the joint motion is filed within 90 days of the filing of the notice of appeal, a 90-day stay must be granted. If the joint motion is filed thereafter, a stay may be granted in either appellate court’s discretion. (3) Effect of Stay. The appellate process—including preparing and filing the court reporter’s transcript, the clerk’s record, and briefs—will be stayed according to the terms of the order. (4) Matters Not Stayed. The time for filing a notice of appeal or notice of cross-appeal is not stayed. (e) Settlement. If a full and final settlement is reached, the parties must file a joint motion to dismiss the appeal. (f) Impasse. If mediation reaches an impasse, any party may move to have the stay lifted immediately. (g) Extensions. If good cause for additional time is shown, the parties may jointly move to extend the stay before it expires. (h) Resumption of Deadlines. The stay lifts upon the expiration date set forth in the order granting or extending the stay, and all appellate duties and deadlines will resume. Within 7 days after the stay expires or is lifted, the appellant must make satisfactory arrangements with the court reporter and trial court clerk for preparation of the transcript and record on appeal. (i) Fees and Expenses. Unless otherwise agreed, the parties shall split the costs of mediation. APPENDIX I. FORMS FORM 1 IN THE COURT OF THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI VS. PLAINTIFF NO. DEFENDANT NOTICE OF APPEAL By this notice, appeals to the Supreme Court of Mississippi against [name(s) of appellee(s)] from the final judgment entered in this case on , 20 , and the denial of the Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for New Trial, by order entered on , 20 . Respectfully submitted, [Appellant] s/ Attorney for Appellant [Address] CERTIFICATE OF SERVICE I, , attorney for appellant, , certify that I have this day filed this Notice of Appeal with the clerk of this Court together with the docket fee to be received by the clerk on behalf of the Supreme Court of Mississippi, and have served a copy of this Notice of Appeal by United States mail with postage prepaid on the following persons at these addresses: [Attorney for Appellee with Address] [Court Reporter with Address] This the day of , 20 . s/ Attorney for Appellant [Adopted to govern matters filed on or after January 1, 1995; amended May 23, 2002.] FORM 2 IN THE COURT OF THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI VS. PLAINTIFF NO. DEFENDANT DESIGNATION OF THE RECORD , appellant, by counsel, pursuant to M.R.A.P. 10(b)(1), designates the following parts of the record as being necessary to be included on appeal: All clerk's papers, trial transcripts and exhibits filed, taken or offered in this case. [or] 1. The Complaint. 2. The Answer and Defenses. 3. Plaintiff's Motion to Compel Discovery, and the Court's Order entered on , 20 , overruling that motion. 4. A transcript of the trial of this case on , 20 , including voir dire and all in chambers conferences, and all exhibits offered and marked for identification or admitted into evidence. 5. All jury instructions filed or granted. 6. The judgment entered on , 20 . 7. The Motion for Judgment Notwithstanding the Verdict, or, in the Alternative for New Trial, and the Court's Order filed , 20 , overruling the motion.* THIS the day of , 20 . Respectfully submitted, [Appellant] s/ Attorney for Appellant [Address] * In a criminal case, the sentencing order should be included. CERTIFICATE OF SERVICE I, , attorney for appellant , certify that I have this day served a copy of this Designation of the Record by United States mail with postage prepaid on the following persons at these addresses: [Attorney for Appellee w/Address] [Court Reporter w/Address] This the day of , 20 . s/ Attorney for Appellant [Adopted to govern matters filed on or after January 1, 1995; amended May 23, 2002; amended January 12, 2017, to delete Court Reporter’s Acknowledgment.] FORM 3 IN THE COURT OF THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI VS. PLAINTIFF NO. DEFENDANT CERTIFICATE OF COMPLIANCE WITH RULE 11(b)(1) I, , attorney for appellant , I have complied with M.R.A.P. 11(b) and that the estimated cost of preparing the designated record on appeal is $ , and I have on or before this day deposited that sum with the clerk of this Court. This the day of , 20 . Respectfully submitted, [APPELLANT] s/ Attorney for Appellant [Address] CERTIFICATE OF SERVICE I, , attorney for appellant , certify that I have this day served a copy of this Certificate of Compliance with Rule 11(b)(1) by United States mail with postage prepaid on the following persons at these addresses: [Attorney for appellee with address] [Court reporter with address] This the day of , 20 . Attorney for Appellant [Adopted to govern matters filed on or after January 1, 1995; amended May 23, 2002.] FORM 4 IN THE CIRCUIT COURT OF THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI* STATE OF MISSISSIPPI VS. NO. AFFIDAVIT TO ACCOMPANY MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS I, , being first duly sworn, depose and say that I am the in this case; that, in support of my motion to proceed on appeal without being required to prepay fees and costs, I state that because of my poverty I am unable to pay the fees and costs of this proceeding and that I believe I am entitled to redress. I further swear that the responses which I have made to the question and instructions below relating to my ability to pay the fees and costs of prosecuting the appeal are true. 1. Are you presently employed? a. If the answer is yes, state the amount of your salary and wages per month and give the name and address of your employer. b. If the answer is no, state the date of your last employment and the amount of the salary and wages per month which you received. 2. Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rental payments, interest, dividends, or other source? If the answer is yes, describe each source of income and state the amount a. received from each during the past twelve months. 3. Do you own any cash or checking or savings account? a. If the answer is yes, state the total value of the items owned. 4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? a. If the answer is yes, describe the property and state its approximate value. 5. List the persons who are dependent upon you for support and state your relationship to those persons. I understand that a false statement or answer to any question or instruction in this affidavit will subject me to penalties for perjury. Signature of Applicant STATE OF COUNTY OF SUBSCRIBED AND SWORN TO before me this day of , 20 . MY COMMISSION EXPIRES Notary Public * An affidavit filed in the Supreme Court accompanying an application under M.R.A.P. 22 for post-conviction collateral relief after an appeal has been affirmed or dismissed should be captioned "In the Supreme Court of Mississippi." [Adopted to govern matters filed on or after January 1, 1995; amended May 23, 2002.] FORM 5 IN THE COURT OF THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI VS. PLAINTIFF NO. DEFENDANT APPEAL BOND TO SUPREME COURT OF MISSISSIPPI WITH SUPERSEDEAS STATE OF MISSISSIPPI COUNTY OF BECAUSE IN THIS CAUSE pending in the Court of the Judicial District of County, Mississippi, a final judgment was entered in favor of , plaintiff, against , [one of the] defendant[s], on , 20 , and defendant's post-trial motions were denied, the defendant, , desires to prosecute an appeal to the Supreme Court of Mississippi with supersedeas pursuant to Mississippi Rule of Civil Procedure 62 and M.R.A.P. Rule 8. KNOW ALL BY THIS BOND, that we, , as principal, and , a guaranty or surety company authorized to do business in the State of Mississippi, are held and firmly bound unto plaintiff , or [his/her/its] administrators, executors, successors or assigns, in the penal sum of $ for which payment to be made, we bind ourselves, our successors and assigns, jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is that, if the defendant, , shall prosecute this appeal with effect in the Supreme Court of Mississippi and shall satisfy the judgment complained of in full, together with costs, interest, penalties, and damages, if for any reason the appeal is dismissed or if the judgment is affirmed, or shall satisfy in full such modification of the judgment and such costs, interest and damages as the Supreme Court of Mississippi or the Court of Appeals may adjudge against the defendant, then this obligation will be void; otherwise, it will remain in full force and effect. [Principal] BY: s/ [Principal or Attorney] [Guaranty or Surety Company] BY: s/ Agent and Attorney-in-Fact [Guaranty or Surety Company] [Address]* THIS SUPERSEDEAS BOND AND SURETY ARE APPROVED and the judgment complained of is stayed pending appeal on this the day of , 20 . Clerk, County, Mississippi * The address should be an address to which the clerk of the trial court can send notice of a motion to enforce liability. See M.R.A.P. 8(d). [Adopted to govern matters filed on or after January 1, 1995; amended May 23, 2002.] FORM 6 IN THE COURT OF THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI VS. PLAINTIFF NO. DEFENDANT LIST OF CLERK'S PAPERS* PAPER FILED PAGE NUMBER ON APPEAL 1. Docket Sheet 2. Complaint 1 etc. 3. 4. 5. * Use this separate typed list if docket sheet is illegible or for any other reason a satisfactory list cannot be produced by adding record page numbers to the docket sheet. M.R.A.P. 11(d)(1)(i). APPENDIX II. STATUTES MODIFIED OR SUPPLANTED Miss. Code Ann. § M.R.A.P. Effect of Rule SUPREME COURT 9-3-3 26(d) Period of time unaffected by terms. COMMON PRACTICE PROVISIONS 11-1-17 15 PRACTICE IN CIRCUIT COURTS APPEALS 11-51-3 11-51-9 11-51-37 11-51-39 11-51-43 8 1, 5 8 8 8 Writ of mandamus to require trial court decision replaces automatic appeals. Procedure for supersedeas now set forth in