is consistent with common practice as embodied in Rule 47 of the
Mississippi Rules of Criminal Procedure (effective July 1, 2023)
Rule: 34
Jurisdiction: MS
Bluebook Citation: Miss. R. Crim. P. 34
Federal Rules of Criminal Procedure, Rule 7(b) of the Mississippi Rules of Civil Procedure, and former Rule 6.07 of the Uniform Rules of Circuit and County 176 Court. Rule 34.1 is intended to provide general standards governing the details of motion practice in criminal cases; the general standards will, of course, be inapplicable when a Rule specifies a different procedure. Sections (a) and (b) are intended to produce concise, but precise pleadings. To this end, section (b) requires a statement of the “specific factual grounds” for the relief requested. Section (b) eliminates the requirement of writing for motions made during a trial or hearing. The language “other means” in section (b) broadly permits the court to entertain motions through electronic or other reliable methods. The sentence in section (b) permitting a motion to be “supported by affidavit” is not intended to permit “speaking motions,” but to authorize the use of affidavits when they are appropriate to establish a fact. Unless otherwise ordered by the court, section (c) provides a right (but not a duty) to respond to all motions. Permitting a reply by the moving party to the response to the motion allows the moving party an opportunity to address new issues that the opposing party may have raised in the response.
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