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RULES OF CRIMINAL PROCEDURE UNDER CONSIDERATION
OR TO BE CONSIDERED BY CRIMINAL RULES STUDY COMMITTEE10 OCTOBER 2008
i. GENERAL PROVISIONS
Rule 10.3
Presence of Witnesses and Spectators
Rule 11.
Change of the Place of Trial
Rule 1.
General Provisions
Rule 11.1
Change of Venue
Rule 1.1
Scope
Rule 11.2
Transfer to another County
Rule 1.2
Purpose and Construction
Rule 1.3
Computation and Enlargement of Time
Rule 12.
Incompetency and Mental Examinations
Rule 1.4
Definitions
Rule 12.1
Effect of Incompetency; Definition
Rule 1.5
Information on Each Pleading and Motion
Rule 12.2
Examination of Defendant's Mental Condition
Rule 1.6
Service of Copies and Certificate of Service
Rule 1.7Interactive Audiovisual Devices
Rule 12.3
Appointment of Experts
Rule 1.8
Local Rules
Rule 12.4
Disclosure of Mental Health Evidence
Rule 12.5
Hearings and Orders
II. PRELIMINARY PROCEEDINGS
Rule 12.6
Subsequent Hearings
Rule 12.7
Privilege
Rule 2.
Commencement of Criminal Proceedings
Rule 2.1
Commencement of Criminal Proceedings
iV. PRETRIAL PROCEDURES
Rule 2.2
Duty of Judge upon Making of a Complaint
Rule 13.
The Grand Jury
Rule 3.
Arrest Warrant or Summons upon
Rule 13.1
Selection and Preparation of Grand Jury
Commencement of Criminal Proceedings
Rule 13.2
Instructions, Duties, and Powers of Grand Jury
Rule 3.1
Issuance of Arrest Warrant or Summons
Rule 13.3
Grounds for Disqualification of Grand Juror in a
Rule 3.2
Contents of Arrest Warrant or Summons;
Particular Action
Execution, Return; Arrest without a Warrant
Rule 13.4
Grand Jury Foreperson
Rule 13.5
Recalcitrant Witnesses; Contempt
Rule 4.
Search warrants
Rule 13.6
Persons Authorized to be Present During
Rule 4.1
Issuance of Search Warrant
Sessions of the Grand Jury; Grand Jury SecrecyRule 4.2
Warrant Upon Oral Testimony
Rule 13.7
Grand Jury Proceedings
Rule 4.3
Contents of Search Warrants; Time of Execution;
Rule 13.8
Challenge to Grand Jury ProceedingsIncidental Authority
Rule 4.4
Execution and Return with Inventory; Custody of
Rule 14.Indictment
Property; Return of Papers to Court
Rule 14.1
Scope of Rules Applicable to Felony Cases
Rule 4.5
Unlawfully Seized Property; Disposition of Seized
Rule 14.2
Definition; Nature and Contents
Property
Rule 14.3
Amendment of Indictments; Defects in
IndictmentsRule 5.
Arrest and Initial Appearance
Rule 5.1
Procedure upon Arrest
Rule 15.
Arraignment and Pleas
Rule 5.2
Initial Appearance
Rule 15.1
Necessity of Arraignment
Rule 15.2
Proceedings at Arraignment
Rule 6.Preliminary Hearing
Rule 15.3
Entry of Plea of Guilty or No Contest
Rule 6.1
Right to a Preliminary Hearing; Waiver;
Rule 15.4
Plea Negotiations and Agreements
Postponement
Rule 6.2
Proceedings at Preliminary Hearing
Rule 16.
Pleadings and Pretrial Motions
Rule 16.1
Generally
III. RIGHTS OF PARTIES
Rule 16.2
Time for Making Motions
Rule 16.3
Motion Deadline; Hearings and Rulings on
Rule 7.
Counsel
Motions
Rule 7.1
Right to Counsel; Waiver
Rule 16.4
Effects of Rulings
Rule 7.2
Procedure for Appointment of Counsel for
Indigent Defendants; Appearance; Withdrawal
Rule 17.
Disclosure
Rule 7.3
Determination of Indigency; Appointment of
Rule 17.1
Scope of Rule 17
Counsel; Compensation
Rule 17.2
Disclosure by the Prosecution
Rule 7.4
Standards of Appointment of Trial and Appellate
Rule 17.3
Disclosure by Defendant
Counsel in Death Penalty Cases
Rule 17.4
Depositions
Rule 17.5
General Standards
Rule 8.
Release (Reserved)
Rule 17.6
Excision and Protective Orders
Rule 17.7
Continuing Duty to Disclosure; Final Disclosure
Rule 9.
Trial Setting
Deadline; Extension
Rule 9.1
Docket; Scheduling; Duty of Prosecutor;
Rule 17.8
Sanctions
Continuance
Rule XX
DismissalRule 10.
Presence of Defendant, Witnesses, and
Spectators
Rule 10.1
Right of Defendant to be Present; Waiver
Rule 10.2
Defendant's Forfeiture of Right to be Present
 
V. TRIAL
Rule 28.
Retention of Records and Evidence
Rule 18.
Trial by Jury; Waiver; Selection and Preparation
Vii' APPEAL AND OTHER POST-CONVICTION RELIEF
of Petit Jury
Rule 18.1
Trial by Jury
Rule 29.
Appeals from Justice or Municipal Court
Rule 18.2
Jury Information
Rule 29.1
Notice of Appeal; Filing; Contents
Rule 18.3
Challenges
Rule 29.2
Record; Costs
Rule 18.4
Procedure for Selecting a JuryRule 29.3Appearance Bonds
Rule 18.5
Oath and Preliminary Instruction
Rule 18.6
Note Taking by Jurors
Rule 30.
Appeals from County Court
Rule 18.7
Jury Sequestration
Rule 30.1
Notice and Filng
Rule 30.2
Bond
Rule 19.1
Proceedings at Trial
Rule 19.2
Bifurcated Trials
Rule 31.
Appeals to the Mississippi Supreme Court and
Rule 19.3
Additional Duties of Court Reporters
Court of Appeals
Rule 20.
Motions for a Judgment of Acquittal
Rule 32.
Post-Conviction Collateral Relief
Rule 21.
Jury Instructions
ViI. POWERS OF COURT
Rule 22
DeliberationRule 33.
Criminal Contempt
Rule 22.1
Retirement of Jurors
Rule 33.1
Definition
Rule 22.2Materials used During DeliberationRule 33.2Summary Procedure for Direct ContemptRule 22.3
Additional
Instructions and Further Review
of
Rule 33.3Disposition of Indirect and Other Contempts;
Evidence
Notice and HearingRule 22.4
Assisting Jurors at Impasse
Rule 33.4Disqualification of JudgeRule 22.5
Discharge
Rule 35.1
Motions: Form, Content, Rights of Reply, and
Rule 23.
Verdict
Length
Rule 23.1
Time and Form of Verdict
Rule 35.2
Hearing; Oral ArgumentRule 23.2
Types of Verdict
Rule 35.3Waiver of Formal Requirements
Rule 23.3
Necessity for Forms of Verdict
Rule 35.4
Service and Filng
Rule 23.4
Partial Verdicts and MistrialRule 35.5Presentation of Orders to the CourtRule 23.5Jury Poll
Rule 35.6
Entry of Order and Duty of Clerk
VI. POST-VERDICT PROCEEDINGS
Rule XX
Subpoenas
FORMS
Rule 24.
Post-Trial Motions
Rule 24.1
Motion for a New TrialRule 24.2
Motion in Arrest of Judgment
Rule 24.3Denial by Operation of LawRule 24.4
Clerical Error
Rule 26.1 Definitions; Scope
Rule 26.2 Judgment; Time
Rule 26.3 Presentence Report
Rule 26.4 Diagnostic Evaluation and Mental Health
Examination
Rule 26.5 Disclosure of the Presentence, Diagnostic, and
Mental Health Reports
Rule 26.6 Sentence Hearing
Rule 26.7 Presence of the Defendant
Rule 26.8 Pronouncement of Judgment and Sentence
Rule 26.9 Fine, Restitution, or Other Monetary Obligation
following Adjudication of GuiltRule 26.10 Consecutive or Concurrent Sentences
Rule 26.11 Re-Sentencing
Rule 26.12 Entry of Judgment and Sentence; Warrant ofAuthority to Execute Sentence
Rule 27.4
ProbationGranting Probation
Modification and Clarification of Conditions and
Regulations
Extension of Term of Probation; Termination;
Order of Discharge
Initiation of Revocation Proceedings; Securingthe Offender's Presence; ArrestInitial Appearance After Arrest
Revocation of Probation
Other Proceedings
Rule 27.
Rule 27.1
Rule 27.2Rule 27.3Rule 27.5
Rule 27.6Rule 27.7
 
MISSISSIPPI RULES OF CRIMINAL PROCEDURE
Rule 1 General Provisions
Rule 1.1 Scope.These rules are the Mississippi Rules of Crimal Procedure and shal govern
the procedure in all crimal proceedigs in all courts within the State of
Mississippi, except traffic violations in justice and municipal courts. They may
be cited as "MRCrP _ "
Rule 1.2 Purpose and Construction.
These rues are to be interpreted to provide for the just and speedy
determiation of every crimial proceedig, to secure simplicity in procedure
and fairness in admiistration, to eliate unjustifiable delay and expense, and
to protect the fundamental rights of the individual while preserving the public
welfare.
Rule 1.3 Computation and Enlargement of Time.
(a) Computation. In computig any period of tie prescribed or alowed by
these rues, by order of court, or by any applicable statute, the day of the act,
event, or default from which the designated period of tie begins to run shall
not be included. The last day of the period so computed shall be included,
unless it is a Saturday, a Sunday, or a legal holiday, as definedby statute, or any
other day when the courthouse or the clerk's office is in fact closed, whether
with or without legal authority, in which event the period runs unti the end of
the next day which is not a Saturday, a Sunday, a legal holiday, or any other day
when the courthouse or the clerk's office is closed. When the period of tie
prescribed or alowed is less than seven days, intermediate Saturdays, SUndays,
and legal holidays shall be excluded in the computation. In the event any legal
holiday falls on a Sunday, the next followig day shall be a legal holiday.
(b) Enlargement. When by these rules or by notice given thereunder or byorder of court an act is requied or alowed to be done at or with a specified
tie, the court for cause shown may at any tie in its discretion:
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