73-3-321 - Filing and prosecution of formal complaints; requirements of complaint and other pleadings; service [Repealed effective December 31, 2015].
§ 73-3-321. Filing and prosecution of formal complaints; requirements of complaint and other pleadings; service [Repealed effective December 31, 2015].
(1) All formal complaints shall be filed in the court and shall be prosecuted in the name of the Mississippi Bar. The formal complaint and other pleadings shall comply with the following requirements:
(a) The formal complaint shall be filed with the clerk of the court within thirty (30) days of the receipt by complaint counsel of the written notice from the committee on complaints directing him to file said complaint.
(b) The complaint shall set forth with fair and reasonable certainty the particulars of the offense of which the accused attorney is charged.
(c) All matters of defense or abatement asserted by the accused attorney shall be filed within twenty (20) days after a copy of the complaint is served upon the accused attorney. Provided that upon application to the clerk the accused attorney may be granted such additional time as the circumstances warrant.
(d) The complaint shall be personally served upon the accused attorney by the Executive Director of the Mississippi Bar or by the complaint counsel unless the accused attorney shall waive the same by execution and delivery to the clerk of receipt and waiver of personal service.
(2) The procedure for suspending an attorney from the practice of law for being out of compliance with an order for support, as defined in Section 93-11-153, and the procedure for reinstating an attorney to practice law after suspension for being out of compliance, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case be, shall control.
Sources: Laws, 1974, ch. 566, § 10; reenacted, 1983, ch. 302, § 35; Laws, 1991, ch. 526, § 38; reenacted, 1992, ch. 515, § 38; Laws, 1996, ch. 507, § 23, eff from and after July 1, 1996.