Notice of Appearance - Mississippi

NOTICE OF APPEARANCE

State of Mississippi -- Circuit Court / Chancery Court

1. COURT SELECTION

☐ Circuit Court of [________________________________] County
☐ Chancery Court of [________________________________] County
☐ County Court of [________________________________] County

Important -- Mississippi Dual Court System: Mississippi maintains separate Circuit Courts and Chancery Courts at the trial level. Circuit Courts have general jurisdiction over civil actions at law (including tort and contract claims over the county court limit, criminal cases, and appeals from lower courts). Chancery Courts have equity jurisdiction (including domestic relations, property disputes, estates, trusts, guardianships, and injunctive relief). Identify the correct court before filing.

Chancery/Circuit Court District: [________________________________]

MEC Status: ☐ This court has implemented the Mississippi Electronic Courts (MEC) system

2. CASE CAPTION

For Circuit Court:

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________],
     Plaintiff(s),

v.                                                    CAUSE NO. [________________________________]

[________________________________],
     Defendant(s).

For Chancery Court:

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________],
     Complainant(s),

v.                                                    CAUSE NO. [________________________________]

[________________________________],
     Defendant(s)/Respondent(s).

Chancery Terminology: In Chancery Court, the initiating party is traditionally called the "Complainant" rather than the "Plaintiff," and the pleading is a "Bill of Complaint" rather than a "Complaint."

3. DOCUMENT TITLE

NOTICE OF APPEARANCE OF COUNSEL FOR [________________________________]

4. PARTY INFORMATION

Party Represented: [________________________________]

Party's Role in This Action:

☐ Plaintiff / Complainant
☐ Defendant / Respondent
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Cross-Defendant
☐ Counter-Claimant / Counter-Complainant
☐ Counter-Defendant
☐ Intervenor
☐ Garnishee
☐ Other: [________________________________]

Party's Address:
[________________________________]
[________________________________]
[________________________________]

Party's Telephone: [________________________________]

5. ATTORNEY INFORMATION AND APPEARANCE STATEMENT

COMES NOW [________________________________], and pursuant to Mississippi Rules of Civil Procedure 5 and 11, enters an appearance on behalf of [________________________________] ("Client"), the [☐ Plaintiff/Complainant / ☐ Defendant/Respondent / ☐ Other: ____________________] in the above-captioned matter. The undersigned requests that all pleadings, motions, notices, and orders be served upon the undersigned at the contact information provided below.

Attorney Name: [________________________________]

Mississippi Bar Number: [________________________________]

Law Firm Name: [________________________________]

Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Street Address (if different):
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

6. TYPE OF APPEARANCE

☐ General Appearance -- The undersigned enters a general appearance for the above-named party in all aspects of this civil action.

☐ Appearance as Co-Counsel -- The undersigned enters this appearance as co-counsel alongside [________________________________], MS Bar No. [________________________________]. The undersigned shall serve as:
☐ Lead Counsel
☐ Associate Counsel
☐ Local Counsel

☐ Substitution of Counsel -- The undersigned enters this appearance as substitute counsel for [________________________________], MS Bar No. [________________________________].
☐ Motion for Substitution of Counsel filed simultaneously
☐ Prior counsel's withdrawal has been approved by the Court
☐ Client's written consent to substitution is attached / on file

☐ Limited or Special Appearance -- See Section 8 below.

7. CONSENT TO ELECTRONIC SERVICE VIA MEC

Pursuant to Miss. Code Ann. section 9-1-53 and the MEC Administrative Procedures:

☐ CONSENTS to electronic service through the Mississippi Electronic Courts (MEC) system.

MEC Registered Email Address: [________________________________]

Additional Notification Email (if any): [________________________________]

☐ DOES NOT CONSENT to electronic service and requests service by traditional means under Miss. R. Civ. P. 5.

MEC Registration

☐ The undersigned is a registered MEC user.
MEC User Account: [________________________________]

☐ The undersigned will register as a MEC user within [____] days.

☐ This court has not implemented MEC; therefore, all filings will be made in paper.

☐ The undersigned is exempt from electronic filing because: [________________________________]

MEC Note: The Mississippi Electronic Court System (MEC) is optional for chancery, circuit, and county courts; however, where a court has adopted and implemented MEC by local rule, the MEC procedures must be followed. Unless otherwise permitted, all documents submitted for filing in MEC courts shall be filed electronically by the attorney. Attorneys admitted to practice in MEC courts, including those admitted pro hac vice, may register as MEC Users. Pro se parties may not file electronically.

8. LIMITED OR SPECIAL APPEARANCE

(Complete this section only if filing a limited or special appearance)

Nature of Limited Appearance:

☐ Limited to Specific Proceeding: [________________________________]

☐ Limited to Specific Motion: [________________________________]

☐ Limited to Discovery Phase

☐ Limited to Trial

☐ Limited to Mediation / Settlement Conference

☐ Special Appearance to Contest Jurisdiction -- The undersigned enters a special appearance for the sole purpose of contesting jurisdiction without submitting to the jurisdiction of this Court.

☐ Other: [________________________________]

Detailed Description of Limitation:
[________________________________]
[________________________________]
[________________________________]

Anticipated Duration:

From: [__/__/____] To: [__/__/____]

☐ Through the conclusion of the specified proceeding or matter

Client Acknowledgment:

☐ The Client has provided written informed consent to the limited scope of this representation.
☐ A written scope agreement is on file with counsel.

9. ENROLLMENT OF COUNSEL

(Applicable primarily in Chancery Court)

Chancery Court Enrollment (Uniform Chancery Court Rule 1.10)

In chancery matters, the undersigned requests enrollment as counsel of record for [________________________________] in this cause. The undersigned acknowledges the following:

☐ The undersigned is a member in good standing of The Mississippi Bar.

☐ The undersigned has read and is familiar with the Uniform Chancery Court Rules.

☐ The undersigned will comply with all orders of this Court and the Uniform Chancery Court Rules.

Chancery Court Practice Note: Some chancellors require a separate enrollment order signed by the chancellor before an attorney is officially recognized as counsel of record. Verify with the Chancery Clerk whether a formal enrollment order is required in addition to this Notice of Appearance.

Circuit Court Enrollment (Uniform Circuit and County Court Rule 1.04)

☐ The undersigned enrolls as counsel of record pursuant to Uniform Circuit and County Court Rule 1.04.

10. PRO HAC VICE ADMISSION

(Complete this section only if appearance involves an out-of-state attorney)

Out-of-State Attorney:

Name: [________________________________]

Bar Admission(s):
| State | Bar Number | Status |
|-------|-----------|--------|
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |

Pro Hac Vice Requirements Checklist:

☐ Motion for Admission Pro Hac Vice filed

☐ Certificate of Good Standing from the attorney's home jurisdiction attached

☐ Pro hac vice fee paid (confirm current fee with the Clerk)

☐ Verified application for pro hac vice admission filed

☐ Mississippi local counsel identified:

Name: [________________________________]
MS Bar No.: [________________________________]
Firm: [________________________________]

☐ Order Granting Pro Hac Vice Admission entered on: [__/__/____]

☐ Attorney registered as MEC User (if filing in MEC court)

Mississippi Requirement: An out-of-state attorney admitted pro hac vice must associate with a Mississippi-licensed attorney who will serve as local counsel and who will be responsible for compliance with all Mississippi court rules.

11. CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I electronically filed the foregoing with the Clerk of Court using the MEC system, which sent notification of such filing to all counsel of record who have registered with the system, and that I served any non-registered parties by the following means pursuant to Miss. R. Civ. P. 5:

☐ MEC electronic notification to all registered counsel of record

☐ First-class United States mail, postage prepaid

☐ Hand delivery / personal service

☐ Facsimile transmission

☐ Email (with consent of recipient)

to the following:

For non-MEC courts, use this alternative certification:

I, [________________________________], certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all counsel of record and unrepresented parties by [☐ U.S. Mail / ☐ Hand Delivery / ☐ Facsimile / ☐ Email] in accordance with Miss. R. Civ. P. 5.

12. SIGNATURE BLOCK

Respectfully submitted this the [____] day of [________________________________], [________].

[________________________________]
(Law Firm Name)


By: ____________________________________________
    [________________________________]
    Mississippi Bar No. [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    Telephone: [________________________________]
    Facsimile: [________________________________]
    Email: [________________________________]

    Attorney for [________________________________]

13. EFILING AND PROCEDURAL INSTRUCTIONS

Mississippi Electronic Courts (MEC) System

1. Adoption: MEC is optional for chancery, circuit, and county courts. A court adopts MEC by local rule. Not all Mississippi courts have implemented MEC.

2. Mandatory in Adopting Courts: In courts that have implemented MEC, all attorneys must file electronically through the system.

3. Registration: Attorneys admitted to practice in MEC courts may register as MEC users. This includes attorneys admitted pro hac vice.

4. Pro Se Parties: Self-represented parties may not file electronically through MEC. Their documents will be scanned and uploaded by the Clerk's office.

5. Notices of Electronic Filing (NEFs): The MEC system generates NEFs that serve as proof of service on registered users. Maintain NEFs for your records.

6. Filing Fees: Confirm whether filing fees are payable through MEC or must be paid separately to the Clerk.

Chancery Court vs. Circuit Court Considerations

Service Requirements Under Miss. R. Civ. P. 5

• Service of every pleading and paper subsequent to the original complaint must be made upon each party's attorney of record.
• In MEC courts, electronic filing and notification through MEC constitutes service on registered users.
• Non-registered parties must be served by traditional means (mail, hand delivery, or other authorized method).

Important Practice Considerations

• Enrollment Orders: In some chancery courts, a formal enrollment order signed by the chancellor is required before an attorney is recognized as counsel of record. Verify this requirement with the Chancery Clerk.
• Appearance vs. Answer: Filing a Notice of Appearance does not constitute an answer. The 30-day answer period under Miss. R. Civ. P. 12(a) continues to run.
• Withdrawal: Withdrawal of counsel requires compliance with Uniform Chancery Court Rule 1.11 (chancery) or Uniform Circuit and County Court Rule 1.05 (circuit). Court approval is required before ending representation.
• Successor Counsel: If substituting for prior counsel, coordinate with the departing attorney and file appropriate substitution documents.

14. PRACTITIONER NOTES -- MISSISSIPPI-SPECIFIC

Court Structure

• Circuit Court: General jurisdiction at law; tort and contract claims, criminal cases, and appeals from county and justice courts.
• Chancery Court: Equity jurisdiction; domestic relations, estates, trusts, guardianships, property disputes, injunctions, and specific performance.
• County Court: Limited jurisdiction in counties with a county court; civil claims up to $200,000.
• Mississippi is unique in maintaining separate law (circuit) and equity (chancery) courts at the trial level.

Mississippi Bar Number

• Mississippi attorneys are identified by their Mississippi Bar number.
• This number must appear on all court filings.
• Verify current active status with The Mississippi Bar.

Dual Court Terminology

• Chancery Court uses equity terminology: Complainant, Bill of Complaint, Chancellor, Decree.
• Circuit Court uses law terminology: Plaintiff, Complaint, Judge, Judgment.
• Some matters (e.g., personal injury with equitable relief) may require careful jurisdictional analysis.

MEC Implementation Status

• MEC adoption is by individual court. Not all counties have implemented MEC.
• Before filing electronically, confirm that the specific court accepts MEC filings.
• The Mississippi Judiciary website (courts.ms.gov) maintains a list of MEC-participating courts.

Filing Fees (Subject to Change)

• Civil filing fees vary between circuit and chancery courts and by county.
• Confirm the current fee with the appropriate Clerk.
• Indigent filing fee waivers may be available under Mississippi law.

Uniform Court Rules

• Uniform Chancery Court Rules (UCCR): Govern practice in chancery courts statewide.
• Uniform Circuit and County Court Rules (UCCCR): Govern practice in circuit and county courts statewide.
• Local rules may supplement the uniform rules. Check for county-specific local rules.

Key Differences from Federal Practice

• Mississippi maintains separate law (circuit) and equity (chancery) courts, unlike the merged federal system.
• MEC is not universal; some courts still require paper filing.
• Discovery rules under Miss. R. Civ. P. 26-37 are similar but not identical to the Federal Rules.
• Chancery Court proceedings generally do not involve juries (equity jurisdiction).
• The enrollment requirement in chancery court has no direct federal analog.

This template is designed for use in Mississippi Circuit, Chancery, and County Courts. Verify all rule citations, MEC status, and local requirements before filing. Court rules and administrative procedures are subject to change.