State Codes and Statutes

Statutes > Mississippi > Title-9 > 5 > 9-5-165

§ 9-5-165. Removal and return of court files and documents in clerk's office.
 

The clerk shall not suffer any paper filed to be withdrawn but by leave of the chancellor, and then only by retaining a copy to be made at the cost of the party obtaining the leave. Provided, however, that any duly licensed and practicing attorney in good standing in the court may remove court files and related legal papers other than youth court and adoption court files and related papers from the clerk's office by signing therefor himself, or by a designated representative of his law office, on a record to be provided for that purpose. Such files or documents so removed shall be attested to by the clerk or his deputy at the time of removal, and said attorney shall be personally responsible for their safekeeping and return within ten (10) days, or before the first day of the next term of chancery court, whichever comes first and such files or documents shall not be removed from the county where the same are filed except that said files or documents may be taken by said attorney for use in a vacation hearing to such county where the hearing may be held. Failure to return any such court files or related legal papers as provided herein shall constitute contempt of court. 
 

Sources: Codes, 1857, ch. 62, art. 16; 1871, § 992; 1880, § 1809; 1892, § 463; 1906, § 512; Hemingway's 1917, § 269; 1930, § 328; 1942, § 1238; Laws,  1964, ch. 308, eff from and after passage (approved March 23, 1964).
 

State Codes and Statutes

Statutes > Mississippi > Title-9 > 5 > 9-5-165

§ 9-5-165. Removal and return of court files and documents in clerk's office.
 

The clerk shall not suffer any paper filed to be withdrawn but by leave of the chancellor, and then only by retaining a copy to be made at the cost of the party obtaining the leave. Provided, however, that any duly licensed and practicing attorney in good standing in the court may remove court files and related legal papers other than youth court and adoption court files and related papers from the clerk's office by signing therefor himself, or by a designated representative of his law office, on a record to be provided for that purpose. Such files or documents so removed shall be attested to by the clerk or his deputy at the time of removal, and said attorney shall be personally responsible for their safekeeping and return within ten (10) days, or before the first day of the next term of chancery court, whichever comes first and such files or documents shall not be removed from the county where the same are filed except that said files or documents may be taken by said attorney for use in a vacation hearing to such county where the hearing may be held. Failure to return any such court files or related legal papers as provided herein shall constitute contempt of court. 
 

Sources: Codes, 1857, ch. 62, art. 16; 1871, § 992; 1880, § 1809; 1892, § 463; 1906, § 512; Hemingway's 1917, § 269; 1930, § 328; 1942, § 1238; Laws,  1964, ch. 308, eff from and after passage (approved March 23, 1964).
 


State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-9 > 5 > 9-5-165

§ 9-5-165. Removal and return of court files and documents in clerk's office.
 

The clerk shall not suffer any paper filed to be withdrawn but by leave of the chancellor, and then only by retaining a copy to be made at the cost of the party obtaining the leave. Provided, however, that any duly licensed and practicing attorney in good standing in the court may remove court files and related legal papers other than youth court and adoption court files and related papers from the clerk's office by signing therefor himself, or by a designated representative of his law office, on a record to be provided for that purpose. Such files or documents so removed shall be attested to by the clerk or his deputy at the time of removal, and said attorney shall be personally responsible for their safekeeping and return within ten (10) days, or before the first day of the next term of chancery court, whichever comes first and such files or documents shall not be removed from the county where the same are filed except that said files or documents may be taken by said attorney for use in a vacation hearing to such county where the hearing may be held. Failure to return any such court files or related legal papers as provided herein shall constitute contempt of court. 
 

Sources: Codes, 1857, ch. 62, art. 16; 1871, § 992; 1880, § 1809; 1892, § 463; 1906, § 512; Hemingway's 1917, § 269; 1930, § 328; 1942, § 1238; Laws,  1964, ch. 308, eff from and after passage (approved March 23, 1964).