Legal Question in Appeals and Writs in Mississippi

Mississippi Rule of Appellate Procedure 15 governs the promptness required of Mississippi circuit court judges in ruling on dispositive civil motions. A motion for post conviction relief is such a civil motion. When a trial judge in a civil case takes a dispositive motion under advisement but does not rule within 60 days, all parties must, within fourteen (14) days thereafter, submit a proposed order or judgment to the trial judge, and forward same to the Mississippi Supreme Court AOC with a statement setting forth the style and number of the case, the names and addresses of the judge and of all parties and the date on which such motion or request was taken under advisement. On receipt of such proposed orders and notices, the AOC calenders the statement and notifies the trial judge and the trial court clerk of the filing. Employing this rule is usually enough to get the judge to rule.