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Mississippi Workers' Compensation Legal Library

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Procedural Rule 2.22 Prehearing Motions; Motion Days.

(a) The original of a motion shall be filed with the Commission which shall forward the motion to an Administrative Judge. All documents to be considered as evidence by the Administrative Judge shall be attached to the motion or described with specificity if already filed. A proposed order must accompany each nondispositive motion. The movant shall serve a copy of the motion, attachments and proposed order on the opposite party.

(b) A party desiring oral argument on a motion shall:

1. notice the motion for motion day or other agreed time and place permitted by the Administrative Judge;

2. coordinate the date and time of the hearing with the opposing party and the Administrative Judge;

3. allow at least five (5) calendar days before setting the motion hearing, unless the parties and Administrative Judge agree otherwise;

4. file the notice of hearing with the Commission; and

5. serve a copy of the notice of hearing on the opposing party.

(c) Respondent shall file a written response within fifteen (15) days after the date of service of the motion. All documents to be considered as evidence by the Administrative Judge shall be attached to the response or described with specificity if already filed. Any party who wants to present testimony before a court reporter in lieu of a telephonic hearing shall file a written motion for a hearing on the record at least five (5) days before the date set for the telephonic hearing. Otherwise said issue is moot and will not be considered by the Commission on any appeal. Before all telephonic motion hearings, counsel for the parties shall discuss and identify the documents they will offer as exhibits during the motion hearing (aside from attachments to the motion/response to the motion); after the telephonic motion hearing, a

Commission court reporter will mark into evidence any exhibits admitted by the Administrative Judge during the motion hearing.

Briefs or other memoranda of law will not routinely be required for motion hearings.

The Administrative Judge has the discretion to conduct a motion hearing by telephone conference and to waive oral argument on a motion.

(d) MOTION DAY. Each Administrative Judge shall hold at least one motion day a month on a date certain beginning at 10:00 a.m. and at a place central to the territory to which he or she travels. The dates and locations shall be published on the Commission website.

(e) SPECIAL MOTIONS. A party who files a motion for emergency hearing (e.g. motion for immediate hearing or five-day hearing under Mississippi Workers' Compensation Commission General Rule 1.9 or Miss. Code Ann. Section 71-3-17(b)) or a motion to reopen shall first request a telephonic prehearing conference with the Administrative Judge and other parties to the claim so the parties may consult with the Administrative Judge about all necessary prehearing matters.

(f) PREHEARING STATEMENTS. The parties shall file Prehearing Statements if an evidentiary hearing is needed to resolve any motion.

This Rule shall be in force and effect on and after January 18, 2018.

Source: Miss. Code Ann. § 71-3-85.

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