Miss. R. Crim. P. 34.1

As amended through October 22, 2024

Rule 34.1 - Motions: Form, Content, Rights of Reply

(a)In General. A party applying to the court for an order must do so by motion.

(b)Form and Content of a Motion. A motion - except when made during a trial or hearing - must be in writing, unless the court permits the party to make the motion by other means. A motion shall contain a concise statement of the precise relief requested and shall state the specific factual grounds and specific legal authority in support thereof. A motion may be supported by affidavit. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion or if the matter is presented in an agreed order.

(c) Rights of Reply. Unless otherwise ordered by the court, each party may file and serve a response within ten (10) days after service of the motion, and the moving party may file and serve a reply, which shall be directed only to matters raised in a response, within five (5) days after service of the response. Responses and replies shall be in the form required for motions.

Miss. R. Crim. P. 34.1

Adopted eff. 7/1/2017.

Comment

Rule 34 is consistent with common practice as embodied in Rule 47 of the 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 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.