Archive for November, 2010
Rule 10(d), MRCP, states “Whenever any claim or defense is founded on an account or other written instrument, a copy thereof should be attached to or filed with the pleading unless justification for its omission is stated in the pleading.” Originally, Rule 10(d) required a copy of any writing to be attached as an exhibit [ READ MORE ]
Rule 1006 of the Mississippi Rules of Evidence allows you to offer charts, summaries or calculations where the evidence is so voluminous that it would be inconvenient to develop it in the course of testimony. The procedure is simple: The originals are produced at a reasonable time and place for inspection and copying, and the court [ READ MORE ]
We have so many blessings, it’s almost impossible to find a starting point to count them all. Maybe the turkey is the best starting point. God bless you all. See you again November [ READ MORE ]
Runoff elections were held in two Chancery Court districts yesterday. In District 10 (Forrest, Lamar, Pearl River and Perry Counties), for Place 2, to replace Judge Sebe Dale. Dawn H. Beam of Sumrall defeated Scott Phillips of Columbia. In District 13 (Covington, Jefferson Davis, Lawrence, Simpson, and Smith Counties), 16-year incumbent Judge Larry Buffington of Collins lost [ READ MORE ]
I’ve talked before here about how important it is to develop your proof at trial based on the various lists of factors — I call them “checklists” — that have been handed down by the appellate courts. The Court of Appeals on November 2, 2010, reversed a Chancellor’s decision granting grandparent visitation for failure to [ READ MORE ]
Mississippi adopted the Uniform Child Abduction Prevention Act (UCAPA) in 2009. It is codified at MCA §§ 93-29-1 through -23. Although the title of the law refers only to abduction, the new statutes go much further and offer proceedings and remedies for situations involving violation of a court order by removing or withholding custody of a child, [ READ MORE ]
In District 10 (Forrest, Lamar, Pearl River and Perry Counties), for Place 2, to replace Judge Sebe Dale. Dawn H. Beam of Sumrall faces Scott Phillips of Columbia. In District 13 (Covington, Jefferson Davis, Lawrence, Simpson, and Smith Counties), incumbent Judge Larry Buffington of Collins is in a runoff with David Shoemake of Collins[ READ MORE ]
MCA § 93-5-24(9)(a)(i) sets out some important language that you need to be aware of the next time you are involved in a child custody dispute. It reads in part: “In every proceeding where the custody of the child is in dispute, there shall be a rebuttable presumption that it is detrimental to the child [ READ MORE ]
It was Judge Henry Lackey of Calhoun City whose refusal to be corrupted and courageous cooperation with law enforcement brought to justice some of the most powerful trial lawyers in this country. This tribute from the Calhoun County Journal: Judge Lackey is truly one-of-a-kind “There are two things you need to be a judge,” Judge [ READ MORE ]
If it seems that I have a lot of shrimp recipes, it’s because for years we were able to buy fresh and IQF seafood from Brian Watts, who would bring it up from the coast every other Wednesday. We were able to buy shrimp, crab, oysters and fish like grouper, trout, flounder and snapper, and I [ READ MORE ]
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