CHANGES TO LOCAL RULES

Please be advised that the Tenth District’s Local Rules were amended on March 1, 2023. Please familiarize yourself with the Amended Local Rules, which are available here.

COVID-19 INFORMATION FOR THE TENTH CHANCERY DISTRICT

The Tenth District Chancery Court (the Court) continues to closely monitor the most current statements from the Centers for Disease Control and Prevention (CDC), as well as all communications disseminated by the Mississippi Department of Health, Administrative Office of Courts (AOC), regarding the Coronavirus Disease 2019 (COVID-19). The Court is following recommended guidelines from public health officials and preparedness guidance from state officials.

SEE BELOW FOR UPDATES AND ADMINISTRATIVE ORDERS RELATED TO COVID-19

The safety and security of staff, lawyers, litigants, witnesses, and the general public is of utmost importance. The Court has an obligation to protect the health and safety of not only court staff, but also the public at its court facilities. Further, the Court has a duty to maintain Court functions to ensure that justice is done.

If you are experiencing any of the following symptoms: temperature of 100.4 or above, and are experiencing cough, or shortness of breath or other flu like symptoms please DO NOT come to the courthouse. Further, if you have traveled to China, Italy, Iran, South Korea, Europe or out of state to an area with a high concentration of confirmed COVID-19 cases within the last 14 days; reside or have had close contact with someone who has traveled in one of the aforementioned areas within the last 14 days; have been asked to self-quarantine by any hospital or health agency; or have been diagnosed with, or have had contact with, anyone who has been diagnosed with COVID-19, you must inform your attorney or if you are unrepresented contact one of our Court Administrations at (601) 545-6079 or any courthouse Security Officers/Bailiffs.

The Court is prepared to take appropriate safeguard measures to ensure the safety and health of court staff, attorneys, witnesses and the public while continuing to allow litigants access to the Court.Attorneys who have clients who have symptoms of acute respiratory illness are recommended to direct clients to stay home and not come to the courthouse until they are free of fever (+100.4° F), signs of a fever, and any other symptoms for at least 24 hours, without the use of fever-reducing medicines. Those court settings should be rescheduled for another time or you may appear via teleconference or video-conference where the technology is available and with the approval of the presiding Judge.
If you have a fever or have recently had a fever and have not been fever free for at least 24 hours without the use of fever-reducing medicines, or have signs of an acute respiratory illness, Please review the CDC’s recommendations at www.cdc.gov/coronavirus/2019-ncov/ to protect yourself and others.

Employees and visitors to court facilities should read all guidelines from the CDC regarding the Coronavirus at https://www.cdc.gov/coronavirus/2019-ncov/and monitor the site for any changes.

These policies and procedures are subject to change as more information is obtained by the CDC, the Mississippi Department of Health and the AOC. (All changes will be posted on this website.)

May 4, 2020

March 16, 2020

ORDER (CLICK HERE FOR CERTIFIED COPY): IN RE COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS

This General Order is being issued in response to the recent outbreak of Coronavirus Disease 2019 (COVID-19) in the United States and COVID-19’s projected invasion of the Tenth Chancery District. As of the date of this Order, COVID-19 has been declared a “global pandemic” and on March 13, 2020, the President of the United States declared a national emergency. The Court has received, reviewed, and considered the Emergency Administrative Order entered by the Chief Justice of the Mississippi Supreme Court on March 13, 2020, and the Emergency Administrative Order – 2 entered by the Chief Justice of the Mississippi Supreme Court on March 15, 2020. Given the significant number of identified and projected cases of COVID-19 in the Tenth Chancery District and the severity of risks posed to the public, employees, law enforcement officers, and given the public health recommendations from local, state, and national government authorities, it is hereby ORDERED that, effective March 17, 2020:

All matters scheduled for an in-Court appearance before any Chancery Judge in the Tenth Chancery Court District set on or prior to May 15, 2020 are hereby CONTINUED, pending further Order of the Court. Attorneys are directed to obtain new Hearing Dates from the Court Administrators and to provide Orders of Continuance to the Court to preserve process;

With regard to civil matters and the Court’s inability to measure the health status and medical spectrum of the parties, witnesses and spectators and the Court’s inability to know the effect of the public health recommendations or the availability of attorneys representing litigants and the court staff required to be present in the courtroom, the herein Court specifically finds that the ends of justice will be served by entering the herein order, inasmuch as the best interests of the public’s health and safety outweighs any potential adverse effect of the herein continuances imposed upon any party;

This Order shall not restrict any Judge’s authority to conduct a case-by-case exception to the herein ordered continuances when reviewing or considering trials, after conferring with all counsel of record;

This Order does not affect or impede and Judge’s consideration of motions that can be resolved by the Court, without a court appearance. Nor does this Order preclude telephonic conferences set to resolve court matters;

The Tenth Chancery Court remains open. Staff in the Clerks’ Office will be available as directed by the Chancery Clerk. Mail will be received and the Chancery Clerk’s Office will remain open for filings. Electronic filings may still be made on the Courts’ Mississippi Electronic Court (“MEC”) system. The public is encouraged to continue utilizing the Chancery Clerk’s Office so long as they follow the directives of the Clerk, as well as all applicable public health guidelines.

The herein General Order shall become effective on March 17, 2020, and shall expire on May 15, 2020, unless extended by a supplemental Order of the Court. Additionally, any section of this Order which conflicts with any Order of the Mississippi Supreme Court, any state law or any directives of any local, state, or federal court, or governmental healthcare or public safety agency shall conform to the requirements of said entities or agencies.

The Clerk is directed to assist the Court and parties with preserving service of process in all pending matters. A copy of this order shall be conspicuously placed in the Courthouse and should be further distributed to area bar associations. All parties and attorneys are further directed to diligently work with the Court Administrators, Georgia Carpenter, Court Administrator for Judge Gambrell and Judge Sheldon, georgia@co.forrest.ms.us, and Gloria Moorer, Court Administrator for Judge Smallwood and Judge Smith, gloria@co.forrest.ms.us, in the prompt rescheduling of these matters.

SO ORDERED, this the 16th day of March, 2020.

Hon. Deborah J. Gambrell, Chancellor

Hon. Rhea H. Sheldon, Chancellor

Hon. Sheila H, Smallwood, Chancellor

Hon. M. Chadwick Smith, Chancellor

December 11, 2020

ORDER (CLICK HERE FOR COPY)

This Court continues to monitor the COVID-19 pandemic and will enter Orders as data and circumstances dictate. The Court has the responsibility to balance the public-health risks involved with in-court appearances as it relates to fulfilling its constitutional and statutory duty to keep courts open to the public in a safe manner.

This Court has operated under Orders issued by the Mississippi Supreme Court and the national emergency declaration by the President of the United States of America since the declaration of COVID-19 being classified as a “global pandemic.” Given the significant number of identified and projected cases of COVID-19 in the 10^th Chancery Court District and the severity of risks posed to the public, employees, law enforcement officers, and given the public health recommendations from local, state, and national government authorities, it is hereby ORDERED that, effective December 21, 2020:

There will be no in-person court appearances before any Chancery Judge in the 10^th Chancery Court District scheduled prior to January 11, 2021. This Order does not affect or impede any Judge’s consideration of motions, Rule 81 hearings, or any other matters that can be resolved by the Court via telephonic/video conferences;

This shall not apply to any matters scheduled for in-person Court appearances scheduled for December 14, 2020 through December 18, 2020;

Any requests for a matter to be heard by Zoom should be made via email to the appropriate Court Administrator and Staff Attorney;

The Court specifically finds that justice will be served by entering the herein order, inasmuch as the best interests of the public’s health and safety outweighs any potential adverse effect of the continuances imposed upon any party;

This Order shall not restrict any Judge’s authority to conduct a case-by-case exception to continuances when reviewing or considering trials, after conferring with all counsel of record;

The 10^th Chancery Court District remains open and all staff will be working remotely and can be contacted by email.

This General Order shall become effective on December 11, 2020, and shall expire on January 11, 2021, unless extended by a supplemental order of the Court. Additionally, any section of this Order which conflicts with any Order of the Mississippi Supreme Court, any state law, any directives of local, state, federal court, governmental healthcare or public safety agency, shall conform to the requirements of said entities or agencies.

The Clerk is directed to assist the Court and parties with preserving service of process in all pending matters. A copy of this order shall be conspicuously placed in the Courthouse. All parties and attorneys are further directed to work with the Court Administrators, Joy Wiley, Court Administrator for Judge Gambrell and Judge Sheldon, joy@co.forrest.ms.us, and Gloria Moorer, Court Administrator for Judge Smallwood and Judge Smith, gloria@co.forrest.ms.us, in the prompt rescheduling of these matters.

SO ORDERED THIS the 11^th day of December, A.D., 2020.

Senior Chancellor Deborah J. Gambrell

July 22, 2021

TO: All Members of the Bar

FROM: Chancellors of the 10th Chancery District

Re: Mask in the Courtroom

Dear Attorneys:

The Chancellors of the 10th District continue to monitor the COVID-19 pandemic.  Given the significant increase in COVID-19 cases in the past week, and the likelihood of a continued rise of cases in the foreseeable future, the Chancellors of the 10th District want to remind you that masks are required for all person entering all courts operating in our District pursuant to IN RE: COURT OPERATION UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS NO. 2 entered on October 6, 2020 and the discretion granted by the Supreme Court (See Emergency Administrative Order-20). Although the CDC states fully vaccinated persons can resume activities without wearing a mask or distancing, we believe that it is still essential to wear a mask and social distance until we know more.

If you have symptoms of COVID-19, you should get tested and stay home.  Please contact a Court Administrator to have your matter reset.  We encourage you to take any precautions you feel necessary to protect yourself and others.

The decision to require mask for all persons – vaccinated or unvaccinated – is not taken lightly.  Our goal is to assist in protecting all litigants, attorneys, and staff.  We appreciate your understanding during this time as we navigate the ever-changing waters of health and safety with COVID-19.

This the 22nd day of July, 2021.

Deborah J. Gambrell, Chancellor

Rhea H. Sheldon, Chancellor

Sheila H. Smallwood, Chancellor

Chad Smith, Chancellor