Miss. R. Crim. P. 34.2 (2026)

Rule 34.2 Hearing; Oral Argument. Upon request of any party, or on its own initiative, the court may set any motion for hearing. The court may limit or deny oral argument on any motion. It is the duty of the movant, when a motion or other pleading is filed (including a motion for a new trial), to pursue the motion to hearing and decision. Failure to pursue a pretrial motion to hearing and decision before trial is deemed an abandonment of that motion; however, the motion may be heard after the commencement of trial.

Comment Rule 34.2 is based on former Rule 2.04 of the Uniform Rules of Circuit and County Court. The hearing and oral argument provisions are intended to give the court maximum discretion in deciding what procedures, in addition to the written motion and memoranda, will be most helpful to it in reaching a reasoned and expeditious decision on each issue. No party has an absolute right to oral argument on a motion.

Rule 34.3 Waiver of Formal Requirements. Upon request of any party, or on its own initiative, the court may waive a requirement specified in this Rule or overlook a formal defect in a motion or request.

Comment This inherent power of the court is specifically included for purposes of clarity, and to allow its exercise informally. Rule 34.3 should be used primarily to allow handwritten documents to be submitted by indigent defendants or persons without counsel; it should not be used to sanction deviations which affect an opposing party’s substantial rights.