Mississippi Code
Title 11 - Civil Practice and Procedure

§ 11-38-3. Venue; issuance and return of process; jurisdiction of court; right to jury trial - The action for claim and delivery may be instituted in...

§ 11-38-5. Preliminary hearing - The clerk or justice issuing the writ may also, by...

§ 11-38-7. Answer; judgment - The defendant, or any interested person, may contest the demand...

§ 11-38-9. Claim and delivery cumulative and additional to other actions - The action created and established by this chapter shall be...

Chapter 39 - Quo Warranto

In General

§ 11-39-1. To what cases applicable - The remedy by information in the nature of a quo...

§ 11-39-3. Proceedings - The proceedings in the cases set forth in Section 11-39-1...

§ 11-39-5. Trial of right to office - In case the proceedings be on the relation of a...

§ 11-39-7. Form of complaint against corporation - For convenience and certainty, the complaint, if against a corporation,...

§ 11-39-9. Form of complaint against individuals - If the complaint be filed against persons exercising corporate franchises...

§ 11-39-13. Summons - After the complaint has been filed, summons shall be issued...

§ 11-39-15. Court or judge may make certain orders - During the pendency of the action, the court, or judge...

§ 11-39-19. Judgments against defendants - If it be found on the trial of an information...

§ 11-39-21. Disobedience punishable - Any person who refuses or knowingly neglects to obey any...

§ 11-39-23. Private person relator, liable for costs - When an information is upon the relation of a private...

§ 11-39-25. Trustees to be appointed - When judgment of forfeiture and ouster shall be rendered against...

§ 11-39-27. Bond of trustees - Before they enter upon the discharge of their duties, the...

§ 11-39-29. Property surrendered to trustees - It shall be the duty of all persons having possession...

§ 11-39-31. Trustees to return inventory to chancery court-vacancies filled-new bonds - It shall be the duty of the trustees, at the...

§ 11-39-33. Sales of property-proceedings-trustees not to buy - The chancery court, or chancellor in vacation, shall order the...

§ 11-39-35. Claims presented and audited-notice - The chancery court shall require all claims against the funds...

§ 11-39-37. Compensation of trustees and others - The compensation of trustees and others shall be determined by...

§ 11-39-39. Report of trustees, and order of paying debts - It shall be the duty of the trustees, at the...

Trial of Right to Public Office in Vacation

§ 11-39-51. Right to public office triable in vacation - A proceeding by quo warranto to try the right to...

§ 11-39-59. Fees of officers, jurors, and witnesses - The clerk, sheriff, jurors, and witnesses shall have the same...

§ 11-39-61. Costs in such cases - The judge, before making the order for trial in vacation...

Chapter 41 - Mandamus; Prohibition

§ 11-41-1. In what cases a remedy and how obtained - On the complaint of the state, by its Attorney General...

§ 11-41-3. Filing of complaint - The complaint shall be filed in the circuit court of...

§ 11-41-19. Mandamus in certain cases triable in vacation - A proceeding by mandamus may be tried and determined in...

Chapter 43 - Habeas Corpus

§ 11-43-1. To what cases the writ extends - The writ of habeas corpus shall extend to all cases...

§ 11-43-3. Chapter not to apply in certain cases - service of petition and writ on Attorney General in extradition cases - Nothing in this chapter shall authorize the discharge of any...

§ 11-43-5. Relator not discharged on account of defective proceedings - If it appear on the trial of any habeas corpus...

§ 11-43-7. By whom granted - The writ of habeas corpus may be granted by a...

§ 11-43-9. How obtained - Application for a writ of habeas corpus shall be by...

§ 11-43-11. Refusal to grant writ - If from the showing made by the petition for habeas...

§ 11-43-13. Bail by the way may be required - Where the application is by or on behalf of one...

§ 11-43-15. Writ issued by judge or clerk - The judge granting the writ may order it to be...

§ 11-43-17. Form and service of writ - The writ may be in substance, as follows, to wit:...

§ 11-43-19. Taking of person in certain cases - When it shall be shown to the judge to whom...

§ 11-43-21. May be served on Sunday - All writs of habeas corpus may be issued or served...

§ 11-43-23. Where and when returnable - The writ of habeas corpus shall be returnable forthwith, or...

§ 11-43-25. When person detaining another guilty of crime - Whenever the judge or chancellor, on issuing a writ of...

§ 11-43-27. Production of the body - Whenever any writ of habeas corpus shall be served upon...

§ 11-43-29. What the return or answer shall contain - The officer or other person upon whom a writ of...

§ 11-43-31. Penalty for disobedience of the writ - Any person who is duly served with a writ of...

§ 11-43-33. The trial - The judge or chancellor before whom the prisoner or other...

§ 11-43-35. Temporary orders - The court or judge may make any temporary order in...

§ 11-43-37. Return not conclusive - The return or answer made to a writ of habeas...

§ 11-43-39. Witnesses subpoenaed-affidavits of - The judge or chancellor may issue or order subpoenas for...

§ 11-43-41. Record of proceedings - The proceedings and judgment shall in all cases be entered...

§ 11-43-43. Conclusiveness of judgment - The judgment rendered on the trial of any writ of...

§ 11-43-45. Sheriff to attend trial - The sheriff, when required by the judge or chancellor, shall...

§ 11-43-47. Costs in certain cases, and security for - When the application for a writ of habeas corpus is...

§ 11-43-49. Defaulting witness dealt with - If a witness shall not obey the subpoena served on...

§ 11-43-51. Liabilities and rights of witnesses - Witnesses in a habeas corpus case shall be subject to...

§ 11-43-53. Appeal in habeas corpus - Any party aggrieved by the judgment on the trial of...

§ 11-43-55. Procedure on appeal from judgment on habeas corpus - An appeal from a judgment on the trial of a...

Chapter 44 - Compensation to Victims of Wrongful Conviction and Imprisonment

§ 11-44-1. Legislative findings and intent - The Legislature finds that innocent persons who have been wrongly...

§ 11-44-5. Jurisdiction of claims for wrongful conviction and imprisonment - Jurisdiction of all claims of wrongful conviction and imprisonment brought...

§ 11-44-7. Determination of eligibility for compensation; award of compensation - 1. The accusatory instrument was dismissed or nol prossed; or...

§ 11-44-11. Appeal of claim of wrongful conviction and imprisonment decision - Any party aggrieved by a decision as to a claim...

§ 11-44-13. Effect of death of claimant prior to filing claim or full payment of compensation - If a claimant dies prior to the full payment of...

§ 11-44-15. Release from future claims against the state - Any claimant who receives compensation under this chapter shall sign...

Chapter 45 - Suits by and Against the State or Its Political Subdivisions

§ 11-45-1. When the state may be sued - Any person having a claim against the State of Mississippi,...

§ 11-45-3. Service of summons and conduct of case - The summons in such suit shall be served on the...

§ 11-45-5. Payment of judgment or decree against the state - A judgment or decree against the state shall not be...

§ 11-45-7. Remedy against intruders on the lands of the state - If any person shall unlawfully enter on, and intrude upon...

§ 11-45-9. Any property accrued to the state recovered - In like manner as set forth in Section 11-45-7, an...

§ 11-45-11. The state entitled to all actions - unlawful detainer for its lands - The state shall be entitled to bring all actions and...

§ 11-45-13. Certain suits abated - All suits which have by acts of the Legislature been...

§ 11-45-15. County to have like remedies - Any county may have like remedies given to recover any...

§ 11-45-17. County may sue and be sued - Any county may sue and be sued by its name,...

§ 11-45-19. Suit where part only of county is interested - Suit may be brought, in the name of the county,...

§ 11-45-21. Bond not to be required - Neither the state nor any county shall be required to...

§ 11-45-23. Property recovered delivered to agent - When the state or any county, shall recover property by...

§ 11-45-25. Suits by and against municipalities - A municipality may sue and be sued by its corporate...

Chapter 46 - Immunity of State and Political Subdivisions From Liability and Suit for Torts and Torts of Employees

§ 11-46-1. Definitions - As used in this chapter, the following terms shall have...

§ 11-46-8. Foster parents covered under this chapter - Mississippi Department of Human Services licensed foster parents shall be...

§ 11-46-11. Statute of limitations; notice of claim requirements; savings clause in favor of infants and those of unsound mind - 1. If the governmental entity is a county, then upon...

§ 11-46-16. Expired - Expired by operation of law, eff from and after July...

§ 11-46-17. Creation of Tort Claims Fund; liability insurance - All monies that the Department of Finance and Administration receives...

§ 11-46-23. Provisions of chapter independent and severable - If any provision or clause of Chapter 46, Title 11,...

Chapter 47 - Lis Pendens

§ 11-47-1. Record to be kept by chancery clerk - The clerk of the chancery court shall keep in his...

§ 11-47-3. Notice of suit affecting real estate recorded - When any person shall begin a suit in any court,...

§ 11-47-5. Notice by officer levying on real estate - When the sheriff, United States marshal, or other officer, shall...

§ 11-47-7. Clerk to index the record - The clerk, upon filing and recording each notice, shall index...

§ 11-47-9. Effect of failure to enter notice - If a person beginning any such suit, by declaration, bill,...

§ 11-47-11. Result of proceeding entered - Where the proceedings in or as to the suit or...

§ 11-47-13. Liability of a clerk, sheriff, or other officer - If any clerk fail to perform any of the duties...

§ 11-47-15. Form of the docket - The lis pendens docket shall be ruled, and have printed...

Chapter 49 - Rights and Duties of Attorneys, Generally

§ 11-49-1. Attorney to state residence of plaintiff - Any attorney whose name is subscribed to or indorsed on...

§ 11-49-3. Proceedings for money collected - Every attorney or counselor at law receiving money for his...

§ 11-49-5. Attorney not to have pay as a witness - An attorney or counselor at law shall not be allowed...

§ 11-49-7. Right to inspect papers - Every attorney or counselor at law, practicing in any court...

§ 11-49-9. Limitation of number to argue cause - A court shall not permit more than two attorneys to...

§ 11-49-11. Notice to attorney as effectual as if to his client - Any notice required in the progress of a suit or...

Chapter 51 - Appeals

§ 11-51-3. Appeals to Supreme Court - An appeal may be taken to the Supreme Court from...

§ 11-51-9. Decrees in matters testamentary - The final decrees of chancery courts, and interlocutory orders or...

§ 11-51-17. One of several parties may appeal; failure to join appeal - Any one or more of the parties to a judgment...

§ 11-51-21. Bond to be given by parties who join in the appeal - If the parties summoned to join in the appeal desire...

§ 11-51-23. Execution when suspended as to some parties - If only part of those against whom a judgment or...

§ 11-51-27. Terms for granting appeal - An appeal may be granted by the court in all...

§ 11-51-29. Prepayment of costs in civil cases on appeal - On appeals from decrees overruling demurrers or other interlocutory orders...

§ 11-51-33. Parties and sureties on bonds examined on oath - To enable the clerk to determine the value or amount...

§ 11-51-37. Judgment on bond to supersede writ of possession - If the judgment or decree as to the land embraced...

§ 11-51-39. Requirements of supersedeas bond where judgment appealed from directs sale or delivery of possession of real estate - If the judgment appealed from directs the sale or the...

§ 11-51-43. Supersedeas in cases not provided for - In any case of an appeal to the Supreme Court,...

§ 11-51-45. When bond made payable to state - In all cases not specially provided for, the supersedeas bond...

§ 11-51-47. Supersedeas bond signed by one appellant sufficient - Supersedeas bonds shall be sufficient if signed by one or...

§ 11-51-49. Bonds by corporations - Appeal bonds may be executed by a corporation by its...

§ 11-51-57. Appellee, nonresident or residence unknown - When the appellee's residence is unknown, and he has no...

§ 11-51-59. Execution stayed by bond - When an appeal shall be taken, and bond for stay...

§ 11-51-65. Record on second appeal - If a case be remanded by the Supreme Court to...

§ 11-51-69. Prepayment for costs certified on transcript - When prepayment for costs shall be made with a clerk,...

§ 11-51-71. Statement on transcript of payment of fee therefor - The clerk shall make a statement on the transcript of...

§ 11-51-73. Provision as to sending up bond directory - The provision that the clerk shall send up to the...

§ 11-51-75. Appeal to circuit court from decision of a local governing authority - Any person aggrieved by a judgment or decision of the...

§ 11-51-79. Appeals from the county court - No appeals or certiorari shall be taken from any interlocutory...

§ 11-51-81. Appeals to the county court - All appeals from courts of justices of the peace, special...

§ 11-51-83. Appeals from unlawful entry and detainer court - Either party aggrieved by the judgment of the justices rendered...

§ 11-51-85. Appeals from judgment of justice court judge in civil cases - Either party may appeal to the circuit court of the...

§ 11-51-87. Copy of record to be transmitted - The justice court judge may prepare and certify his record...

§ 11-51-89. Justice, mayor, or police justice to deliver papers to circuit clerk - The justice of the peace, mayor or police justice of...

§ 11-51-91. Trial of cases on appeal from justice of the peace - On appeal from a justice of the peace court to...

§ 11-51-93. Certiorari proceedings in circuit court - All cases decided by a justice of the peace, whether...

§ 11-51-95. Certiorari to all other inferior tribunals - Like proceedings as provided in Section 11-51-93 may be had...

§ 11-51-97. New appeal bond - In all appeals and in proceedings of certiorari to the...

§ 11-51-99. How executors, administrators, guardians, and conservators appeal - The chancery court, in its discretion, may allow executors, administrators,...

§ 11-51-103. Written demand for appeal in certain cases - In all cases where an appeal is desired without bond,...

§ 11-51-111. Taking of appeal from courts of separate judicial districts in Harrison County - In Harrison County, a county having two judicial districts, all...

Chapter 53 - Costs

§ 11-53-5. How security given - Security for costs may be given by recognizance entered into...

§ 11-53-7. Security for costs before justice of the peace - The foregoing provisions as to securing or paying costs before...

§ 11-53-9. Costs paid from deposit - In case of a deposit of money or certified check...

§ 11-53-11. Official bond covers deposit - The clerk or justice of the peace shall be liable...

§ 11-53-13. Security for costs shall not be required in certain suits - Neither the state, nor any county, city, town, or village,...

§ 11-53-15. Usee liable for costs-state as nominal plaintiff - In suits in the name of the state or any...

§ 11-53-17. Poor persons may sue without security for costs - A citizen may commence any civil action, or answer a...

§ 11-53-19. Court may dismiss action of poor persons - The court may dismiss an action commenced or continued on...

§ 11-53-21. Judgment for costs against poor persons - In cases commenced or continued on an affidavit of poverty,...

§ 11-53-23. Costs on dismissal for want of jurisdiction - When a case shall be dismissed by any court for...

§ 11-53-25. Stale cases dismissed at cost of plaintiff - The clerk of any court shall move the court to...

§ 11-53-31. Successful party liable for certain costs - All costs accrued at the instance of the successful defendant...

§ 11-53-33. Costs not recovered in some cases - limited in others - In actions of assault, assault and battery, libel and slander,...

§ 11-53-37. Costs in class suits - Where a party hereafter institutes a suit for the benefit...

§ 11-53-41. Executors and administrators entitled to and liable for costs - when not individually liable - When costs are adjudged against an executor or administrator in...

§ 11-53-43. Executors and administrators entitled to and liable for costs - in their administration - Executors and administrators shall be personally liable for the fees...

§ 11-53-45. Next friend of infant liable for costs - If in any case the plaintiff or complainant be an...

§ 11-53-49. Costs in cases of setoff - When a setoff is pleaded or filed and established, the...

§ 11-53-51. Costs in cases of appeal from justices of the peace - In cases of appeal from a judgment of a justice...

§ 11-53-53. Costs in cases of certiorari and appeals from certain inferior tribunals - In all cases of certiorari upon the judgment of any...

§ 11-53-55. Cases not expressly embraced by statute or Rule - If a case shall occur in any court not embraced...

§ 11-53-65. Bill of costs made and filed - When a cause shall be determined, the clerk of the...

§ 11-53-67. Fees not payable until bill produced - Fees and costs shall not be payable by any person...

§ 11-53-69. Costs not due until suit ended - The costs accruing upon suits in any court shall not...

§ 11-53-71. Taxation of costs in cases from justices of the peace - The clerk of the circuit court is required to tax...

§ 11-53-73. Execution for costs - It shall be lawful for the clerks of the several...

§ 11-53-75. Bill of costs appended to execution - On all executions in which any costs are included, there...

§ 11-53-77. Combining orders and decrees to save costs - It shall be the duty of the judges of the...

§ 11-53-79. Table of fees to be posted conspicuously - It shall be the duty of the clerks of the...

§ 11-53-81. Recovery of attorney's fees in suit on open account - When any person fails to pay an open account within...

Chapter 55 - Litigation Accountability Act of 1988

§ 11-55-1. Title - This chapter may be cited as the "Litigation Accountability Act...

§ 11-55-3. Definitions - The following words and phrases as used in this chapter...

§ 11-55-7. Award of costs and attorney's fees; amount of award; factors to consider - In determining the amount of an award of costs or...

§ 11-55-9. Limitations of chapter - Nothing in this chapter shall be construed to prevent an...

§ 11-55-11. Application of chapter - This chapter shall apply in all cases unless attorney's fees...

§ 11-55-13. Severability - If any section, paragraph, sentence, phrase or any part of...

§ 11-55-15. Actions to which chapter applies - This chapter shall apply to any suit or claim or...

Chapter 57 - Structured Settlements

§ 11-57-1. Short Title - This chapter shall be known and may be cited as...

§ 11-57-3. Definitions - The following words and phrases shall have the meanings ascribed...

§ 11-57-5. Disclosure statement - Not less than three (3) days before the date on...

§ 11-57-7. Transfers of structured settlement payment rights - No direct or indirect transfer of structured settlement payment rights...

§ 11-57-9. Consequences of transfer - Following a transfer of structured settlement payment rights under this...

§ 11-57-15. Applicability - This chapter shall apply to any transfer of structured settlement...

Chapter 59 - Uniform Interstate Depositions and Discovery Act

§ 11-59-1. Short title - This chapter may be cited as the Uniform Interstate Depositions...

§ 11-59-3. Definitions - In this chapter: Attend and give testimony at a deposition;...

§ 11-59-5. Issuance of subpoena - To request issuance of a subpoena under this section, a...

§ 11-59-7. Service of subpoena - A subpoena issued by a clerk of court under Section...

§ 11-59-9. Deposition, production and inspection - Rule 45 of the Mississippi Rules of Civil Procedure and...

§ 11-59-11. Application to court - An application to the court for a protective order or...

§ 11-59-13. Uniformity of application and construction - In applying and construing this uniform act, consideration must be...

§ 11-59-15. Application to pending actions - This chapter applies to requests for discovery in cases pending...

Chapter 61 - Mississippi Religious Freedom Restoration Act -

Chapter 62 - Protecting Freedom of Conscience from Government Discrimination Act

§ 11-62-1. Short title - This chapter shall be known and may be cited as...

§ 11-62-3. Protected beliefs - The sincerely held religious beliefs or moral convictions protected by...

§ 11-62-11. Remedies - An aggrieved person must first seek injunctive relief to prevent...

§ 11-62-13. Limitations period - A person must bring an action to assert a claim...

§ 11-62-17. Definitions - As used in this chapter, the following words and phrases...

§ 11-62-19. Relation to Mississippi Religious Freedom Restoration Act - The provisions of this chapter shall be excluded from the...

Chapter 63 - Application of Foreign Law -

Chapter 65 - Enforcement of Federal Laws, Orders, Rules

§ 11-65-1. Enforcement of certain federal laws, orders, or rules prohibited - No federal executive order, agency order, law not enrolled by...

Chapter 67 - Asbestos Bankruptcy Trust Claims Transparency Act

§ 11-67-1. Short title - This chapter may be cited as the "Asbestos Bankruptcy Trust...

§ 11-67-5. Definitions - The following words and phrases as used in this chapter...

§ 11-67-15. Application - This chapter shall apply to all asbestos actions filed on...

Chapter 69 - Liability exemption for furnishing information concerning insurance fraud -

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Mississippi Code Title 11 - Civil Practice and Procedure

Mississippi Code
Title 11 - Civil Practice and Procedure