IN THE CIRCUIT COURT OF THE ELEVENTH CIRCUIT COURT DISTRICT
BOLIVAR, COAHOMA, QUITMAN AND TUNICA COUNTIES
RE: NON-FILING OF DISCOVERY MATERIALS
Rule 7(a) of the Mississippi Rules of Civil Procedure limits and defines the pleadings which are allowed to be filed in any action. Due to the considerable cost to the parties furnishing discovery materials, and the problems encountered with storage, this Court adopts the following procedure with regard to the non-filing of discovery materials with the Court.
1. Interrogatories under Rule 33, M.R.C.P., and answers thereto, and depositions under Rule 30 and 31, M.R.C.P., shall be served upon other counsel or parties as provided by the Rules, but shall not be filed with the Circuit Court Clerks. The party responsible for service of the discovery material shall retain the original and become the custodian.
2. If relief is sought under the Mississippi Rules of Civil Procedure concerning any interrogatories, requests for production or inspection, request for admissions, answers to interrogatories, responses to requests for admissions or depositions, copies of the portions of the interrogatories, requests answers, responses or depositions in dispute shall be filed with appropriate Circuit Court Clerk and with the assigned judge contemporaneously with any motion filed under said rules.
3. If interrogatories, requests, answers, responses or depositions are to be used at trial or are necessary to a pre-trial motion which might result in a final order on any issue, the portions to be used shall be considered an exhibit and filed with the Clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated.
4. When documentation of discovery not previously in the record is needed for appeal, the necessary discovery papers shall be filed with the Clerk by stipulation of counsel or upon an application and order of the Court.
The Clerks of this Court are authorized and directed to return forthwith discovery materials submitted for filing which does not comply with the requirements set forth hereinabove. This order shall be spread on the minutes of this Court and a copy thereof made available to each attorney and/or party of record.
ORDERED this the 3rd day of July, 2001.
Signed by the Judges of the
Eleventh Circuit Court District
(Signed copy available with the Clerk of this Court.)