Ex parte matters, ID divorces, and Rule 81 returns and Motions will be heard on Monday mornings at 9:00 a.m. No more than a total of 25 of these types of settings shall be set on Monday mornings except as permitted by the Chancellor in question. Settings in excess of 25 (and those allowed by the Chancellor) shall be set at 1:30 p.m. on Mondays. These matters may be heard at any other time by the Chancellors as they may allow, provided such matters are scheduled in advance with the respective Court Administrator. Generally, no more than a total of five (5) ex parte matters, ID divorces, and Rule 81 returns shall be set on a day and/or time other than Monday mornings.

Pro Se ID divorces shall be set in the county in which they are filed, except as allowed by the Chancellor.

When a motion is set for hearing, please transmit a copy of said motion to the Chancellor’s Staff Attorney at least two (2) weeks or as much in advance of the hearing as possible. Court Administrators will not set motions for a given week after Wednesday at 5:00 p.m. of the previous week, except as specifically allowed by the Chancellor.

 

Trials shall be scheduled on Tuesdays, Wednesdays, and Thursdays at 9:00 a.m. (Trials may be heard at any other time by the Chancellors as they may allow, provided such matters are scheduled in advance with the respective Court Administrator.) No more than three (3) trials shall be set on any day except as allowed by the Chancellors.

The same attorney may not be involved in more than one trial on any given day.

Note: Judge Sheldon sets aside certain days for TPR trials and Rule 81 matters set for the Attorney General’s office. No other matters shall be set on those days except by express permission of Judge Sheldon.

Settings involving the same individual attorney shall be limited to three (3) per day.

If an Order contains a future setting, it is the attorney’s ultimate responsibility to see to it that the appropriate Court Administrator is made aware of such. Orders containing settings should be given directly to the Court Administrator and not placed in a Judge’s “inbox”.

 

Trial Exhibits

On the day of trial, have exhibits already prepared and copied. Please ensure that, in addition to the originals for the clerk, you have prepared at least three (3) copies of all exhibits: one for the Chancellor, one for the Staff Attorney, and one for opposing counsel. (This is of course in addition to any copies you may need for yourself.)

 

Pre-Trial Conferences are required unless specifically excused by the Chancellor presiding over your case.

Pre-trial conferences will be held on Friday mornings, beginning at 9:00 a.m. No more than five (5) pre-trial conferences shall be scheduled for any given day unless specifically authorized by the Chancellor and an individual attorney shall not schedule more than two (2) pre-trial conferences on any given day in which he/she must participate.

Contact the Court Administrator to schedule your pre-trial conference.

 

Probate Matters

Determinations of Heirs shall be set in the county in which the matter is filed.

In all probate matters in which a fiduciary is appointed, a Certificate of Fiduciary and Certificate of Attorney shall be executed and filed at the time that a fiduciary is appointed. These forms are available on the computer in the attorney workspace.

Per Uniform Chancery Court Rule 6.03, any time funds are deposited into a bank account associated with a restricted estate, guardianship or conservatorship, a Bank Receipt and Agreement to Accept funds executed by a bank representative (and notarized) shall be filed in the court file within five (5) days of deposit. An acceptable form is available on the computer in the attorney workspace.

Accountings shall be required every year/every three (3) years (or as decreed by the Chancellor) in all probate matters unless specifically excused in an Order. Delinquent accountings are subject to being set for Show Cause hearings.

In estate matters, the Probate Checklist Worksheet shall be completed by the attorney for the estate. (This form is available on the attorney workspace computer and on the website.)

 

Guardians ad Litem

In cases in which a Guardian ad Litem has been appointed, the Guardian ad Litem shall be consulted when setting hearings, motions, pre-trial conferences, or trials. Settings obtained without the knowledge and/or collaboration of the Guardian ad Litem are subject to cancellation without notice.

Orders for Appointment of Guardians ad Litem shall conform substantially with the standard order used by the Chancellors. A form for this order is available on the computer in the attorney workspace.

No final judgment shall be entered in a case in which a Guardian ad Litem has been appointed until all mandates and requirements of the Court in the Order Appointing the Guardian ad Litem have been met.

 

Adoption and Terminations of Parental Rights

Uncontested adoptions. To prevent unnecessary delay, the attorney for the Petitioner(s) should notify the Staff Attorney for the Chancellor presiding over your adoption as soon as you set the adoption on the docket.

Written Voluntary Release and Surrender. To be valid, this must meet the following requirements (a form is available on the computer in the attorney workspace):

• Signed under oath
• Dated at least 72 hours after the birth of the child
• States the parent’s full name, the relationship of the parent to the child, and the parent’s address for service of process
• States the child’s full name, date and time of birth if known, and place of birth as indicated on the birth certificate.
• Identifies any governmental agency or home to which the child has been surrendered.
• States the parent’s consent to adoption of the child and waiver of service of process for any future adoption proceedings.
• Acknowledges that the termination of the parent’s parental rights and subsequent adoption may significantly affect, or even eliminate, the parent’s right to inherit from the child under the laws of descent and distribution.
• Acknowledges that all provisions of the written voluntary release were entered into knowingly, intelligently, and voluntarily
• Acknowledges that the parent is entitled to consult with an attorney regarding his/her parental rights.

 

ID Divorces

ID divorces in which the parties have children:

• Both parties should plan to be present, unless permission is granted by the presiding Chancellor for a party to be excused from attending.
• Rule 8.05 financial declarations are required. Waivers for 8.05 financial declarations will not be accepted.

ID divorces in which the parties do not have children:

• Waivers for 8.05 financial declarations MAY be accepted. However, the Chancellor may require the parties to complete 05 financial declarations if the Chancellor feels it necessary to deem the Property Settlement Agreement to be adequate and sufficient.
• At least one party should appear.

 

Emergencies/TROs

Upon filing a motion/petition for emergency or injunctive relief without notice, immediately contact the Staff Attorney for the assigned Chancellor. Emergency relief involving parties to an existing case, whether active or closed (i.e., divorce, custody, etc.) should be filed within that cause number.

 

Incarcerations Orders

Orders for Incarceration shall be considered null and void one year after the date signed by a Chancellor. No law enforcement agency shall execute on an Order for Incarceration from this Court if more than a year has passed since it was signed. The following language or language to this effect shall be included on all Orders for Incarceration: “Any law agency executing on this Order by incarcerating or otherwise detaining the individual named in this Order shall immediately notify the undersigned Chancellor at ______________ (phone number). No law enforcement agency shall execute on this Order by incarcerating or otherwise detaining the individual named in this Order if more than one year has passed since the date of signature.”

 

Agreed Orders

Per UCCR 5.03, agreed orders and judgments shall be signed by counsel for both parties. The Chancellor may also require the parties to sign.

Upon announcing to the Court that the parties have come to an agreement in a given matter and that an Agreed Order or Judgment, whether temporary or final, shall be submitted to the Court by counsel, said Agreed Order or Judgment shall be submitted to the Chancellor within ten (10) days unless otherwise permitted by the Chancellor. Disputes over the terms of agreed judgments shall not be resolved by the Court, but shall serve as an indication that no agreement exists.

 

Mail

The Tenth Chancery District’s mailing address is P.O. Box 1977, Hattiesburg, MS 39403. Paper Orders must be provided to the Chancellor unless the Chancellor permits you to email an Order. Attorneys are responsible for providing postage (in the form of self-addressed stamped envelopes) or picking up Orders for filing. You may address the envelope to the clerk or to your office. If a signed Order is returned to an attorney, either by mail or by pickup, it must be filed with the appropriate clerk within five (5) days.

 

Forms

Forms available on the computer in the attorney workspace (see “Forms” folder on Desktop) – please “Save As” to your own document:

Click this link to gain access to the following forms:

• Certificate of Fiduciary
• Certificate of Attorney
• Bank Receipt and Agreement to Accept
• Order Appointing Guardian ad Litem
• Written Voluntary Release and Surrender
• Rule 8.05 Financial Declaration
• Rule 8.06 Notice of Change of Address
• Order Continuing and Preserving Rule 81 Process
• Our Family Wizard Order
• Scheduling Order
• Estate Checklist Worksheet
• ICWA affidavit