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Chapter 1 - Evidence
In General
§ 13-1-1. Provisions of chapter applicable to all courts - All provisions contained in this chapter, unless restricted by their...
§ 13-1-5. Competency of husband and wife - Husbands and wives may be introduced by each other as...
§ 13-1-11. Conviction, except for perjury or subornation of perjury, as no disqualification - A conviction of a person for any offense, except perjury...
§ 13-1-13. Witness may be examined touching interest or convictions - Any witness may be examined touching his interest in the...
§ 13-1-19. Witness to be committed for refusal to testify - If any person subpoenaed as a witness in any case...
§ 13-1-21.1. Medical privilege considered waived by and between defendants in medical malpractice suits involving multiple defendants - In any medical malpractice action with multiple defendants, the medical...
§ 13-1-23. Presumption of death - Any person who shall remain beyond the sea, or absent...
§ 13-1-77. State custodian of books authorized to certify copies; admissibility of copies - All public officers in this state having the charge or...
§ 13-1-81. Presumptions attending certificates, attestation, etc. - Any certificate, attestation, or authentication, purporting to have been made...
§ 13-1-121. Injury to livestock in transit as prima facie evidence of carrier's want of skill - In all actions against common carriers for injury or damage...
§ 13-1-123. Injury to persons or property from operation of motor vehicle as making out prima facie case - In any action brought to recover any damages, either to...
§ 13-1-131. Land-office certificates - All certificates issued in pursuance of any act of Congress...
§ 13-1-149. Courts to take notice of law of United States, other states, territories and foreign countries - When any question shall arise as to the law of...
§ 13-1-151. Reproduction of business records; disposal of originals - Any business may cause any or all records kept by...
§ 13-1-155. Destruction or other disposal of exhibits following final determination of civil actions - After not less than ninety (90) days after the final...
Discovery Proceedings
§ 13-1-227. Depositions before action or pending appeal - Before action. - Pending appeal. - If an appeal has...
§ 13-1-229. Stipulations regarding discovery procedure - Unless the court orders otherwise, the parties may by written...
§ 13-1-230 through 13-1-243. - Repealed by Laws of 1991, ch. 573, § 141, eff...
§ 13-1-245. Bank expenses related to disclosure of customer's financial records - If the bank does not have such original record, it...
Examination of Judgment Debtor by Judgment Creditor
§ 13-1-265. Order to appear for examination; effect of satisfaction of judgment - On ex parte written motion of the judgment creditor, personally...
§ 13-1-269. Court costs - Court costs in connection with the examination shall be taxed...
§ 13-1-271. Contempt - If the motion and order have been served personally on...
Interpreters For the Deaf
§ 13-1-301. Definitions - As used in Sections 13-1-301 through 13-1-315 the following terms...
§ 13-1-305. Hearing to determine need for interpreter; notification of need - If the judge, or any other person charged under the...
§ 13-1-307. Duties of interpreter - The duties of the interpreter may include: Interpreting during court...
§ 13-1-311. List of qualified interpreters - It shall be the responsibility of the appointing authority to...
§ 13-1-313. Affirmation of true interpretation - Before participating in any proceedings subsequent to an appointment under...
§ 13-1-315. Fees for interpreters - An interpreter appointed under the provisions of Sections 13-1-301 through...
Evidence of Child Abuse
§ 13-1-401. Applicability of special evidentiary provisions - The rules of evidence prescribed in Sections 13-1-401 through 13-1-415...
§ 13-1-411. Behavioral indicators used to determine applicability of evidentiary provisions - The phrase "specific behavioral indicators" when used herein to refer...
§ 13-1-413. Court's power to prohibit contact with child not affected by evidentiary provisions - Sections 13-1-401 through 13-1-415 do not in any way affect...
§ 13-1-415. Implementation of evidentiary provisions by rule - The Mississippi Supreme Court may, by rule, provide procedures to...
Chapter 3 - Process, Notice, and Publication
§ 13-3-1. Provisions of chapter applicable to all courts - The law of process as declared in this chapter, except...
§ 13-3-3. Style and date of process - The style of all process shall be, "The State of...
§ 13-3-5. The summons - First.- Upon the defendant personally, if to be found in...
§ 13-3-7 through 13-3-13. - Repealed by Laws of 1991, ch. 573, § 141, eff...
§ 13-3-15. Separate or additional summons; attachment against estate of defendant - Upon the request of the plaintiff, separate or additional summons...
§ 13-3-17. Substitution of parties in case of death of party - Substitution of parties in case of death of a party...
§ 13-3-25. Summons by publication for unknown heirs and unknown defendants - When unknown heirs are made parties defendant in any proceeding...
§ 13-3-27. Publication of summons - Publication of summons in all cases and in every court,...
§ 13-3-32. Publication-in what newspaper-presumption of continued qualification - All newspapers which were qualified to publish legal notices and...
§ 13-3-37. Sheriff to mark and return process - The sheriff shall mark on all process the day of...
§ 13-3-41. Service on one carrying on business in state by or through trustee or attorney in fact - All persons, firms, copartnerships or corporations carrying on business in...
§ 13-3-49. Service when defendant is a corporation - If the defendant in any suit or legal proceeding be...
§ 13-3-53. Service on one of several executors or administrators - If there be two or more executors or administrators of...
§ 13-3-55. Suits by or against partnerships; service on one of several partners - A partnership may sue or be sued in the partnership...
§ 13-3-57. Service on nonresident business not qualified to do business in state; survival of cause of action in case of death or inability to act; service on nonresident executor, administrator, etc. - Any nonresident person, firm, general or limited partnership, or any...
§ 13-3-63. Service when defendant is nonresident motorist; appointment of secretary of state as agent - The acceptance by a nonresident of the rights and privileges...
§ 13-3-69. Process not void for certain defects - If any matter required to be inserted in or indorsed...
§ 13-3-73. Plaintiff's options when sheriff kept off by force - When the sheriff shall return, on any process, that he...
§ 13-3-75. Return of alias where first writ served - If any process be executed, and for want of a...
§ 13-3-77. Process may be executed by an officer out of his county - The sheriff or other proper officer of a county may...
§ 13-3-81. When justice court judge may execute process - If there be no sheriff in any county, or if...
§ 13-3-83. Service of notices, summonses, subpoenas, orders, pleadings, motions, etc. - All notices provided for by law appertaining to actions, suits...
§ 13-3-85. Notice by summons of motions against officers for neglect of duty - In all cases where motions are made against officers, or...
§ 13-3-87. Return of officer may be questioned by parties - The return of the officer serving any process may, in...
§ 13-3-91. Reversal, on appeal by defendant, for want of service or defective service as an appearance - Where a judgment or decree is reversed on appeal taken...
§ 13-3-93. Subpoenas for witnesses - The first process, in all civil actions, and in all...
§ 13-3-103. Attachment for non-appearing subpoenaed witness - If any person subpoenaed as a witness shall fail to...
§ 13-3-105. Subpoenaed witness to attend until discharged; scire facias for defaulters - Every witness subpoenaed in any case, civil or criminal, shall...
§ 13-3-107. Settlement of certain civil suits; notice to be given to subpoenaed witnesses and effect of failure to do so - If a civil suit shall be settled in vacation, notice...
§ 13-3-109. Issuance of process by supreme court and its return - The Clerk of the Supreme Court shall issue all process...
§ 13-3-111. Time when executions shall be issued - The clerks of all courts of law or equity, after...
§ 13-3-113. Issuance, execution, and return of executions - Writs of execution shall bear date and be issued in...
§ 13-3-115. Issuance of subsequent execution - If a first writ of execution shall not have been...
§ 13-3-117. Issuance of execution against several defendants - When one judgment has been recovered against several defendants, execution...
§ 13-3-119. Effect of death of one or more of several defendants before issuance of execution - If one or more of several defendants have died before...
§ 13-3-121. Execution for costs of Supreme Court - In cases decided in the Supreme Court, or dismissed or...
§ 13-3-123. Levy of writs of execution and attachments-on land - In case of a levy of an attachment on real...
§ 13-3-125. Levy of writs of execution and attachments - on personalty - If the levy be upon personal property the officer shall...
§ 13-3-127. Levy of writs of execution and attachments - on choses in action - In case an attachment be levied on rights, credits, and...
§ 13-3-129. Levy of writs of execution and attachments - on corporate stock and the like - In case of the levy of an execution or attachment...
§ 13-3-131. Levy of writs of execution and attachments - on interest of partners or co-owners - When a defendant in execution shall own or be entitled...
§ 13-3-135. Purchaser's title to certain interests of defendant sold under execution or attachment - The purchaser of any chose in action, stock, share, interest,...
§ 13-3-137. Growing crop shall not be levied upon - An execution shall nor be levied upon a growing crop,...
§ 13-3-139. Lien of executions, and priority thereof - Writs of executions, where there is no judgment lien, shall...
§ 13-3-141. Officer to care for property and allowed expenses - When a sheriff or other officer shall levy an execution...
§ 13-3-143. Manner by which personal representative or successor thereof of plaintiff may have execution - When the executor or administrator of a plaintiff who dies...
§ 13-3-145. Effect of death of one or more of several plaintiffs before issuance of execution - The death of one or more of several plaintiffs in...
§ 13-3-147. Assignee of a judgment may have execution - The assignee of a judgment, where the plaintiff has died,...
§ 13-3-149. Effect of death of party after execution issued - The death of any plaintiff or defendant after the issuance...
§ 13-3-151. Execution issued against dead defendant - After one year from the death of any defendant in...
§ 13-3-153. Motion to revive judgment - Those provisions of the Mississippi Code of 1972 relating to...
§ 13-3-155. Execution and garnishment on certain judgments and decrees of other courts may be issued by clerk - The clerk of the circuit court in whose office any...
§ 13-3-157. When a bond of indemnity shall be required - If the sheriff shall levy an execution, attachment, or writ...
§ 13-3-159. Remedy on bond of indemnity - If the bond and security required under Section 13-3-157 be...
§ 13-3-161. Where sales under execution or other process are to be made - All sales by any sheriff by virtue of an execution...
§ 13-3-167. Sale of perishable goods - When goods and chattels are levied on, which by their...
§ 13-3-171. Lands to be sold to be offered in subdivisions and as an entirety - All lands comprising a single tract, sold under execution, shall...
§ 13-3-173. Sale may be adjourned or continued from day to day - Whenever, from a defect of bidders, caused by inclement weather...
§ 13-3-175. Venditioni exponas - If any property taken in execution shall remain in the...
§ 13-3-177. Venditioni exponas to issue when officer taking property dies - When the officer taking property under execution shall die before...
§ 13-3-179. Procedure to be followed where property is not delivered by representatives of deceased officer taking property - If the representatives of the deceased officer shall refuse or...
§ 13-3-181. Duty of officer to examine judgment-roll; priority of liens - After the sale of any property by the sheriff or...
§ 13-3-183. Officer to restore money on injunction of execution - When an officer shall receive under execution the whole or...
§ 13-3-185. How purchaser takes property sold at execution sale - The purchaser of any property sold at execution sale by...
§ 13-3-187. Conveyance of land sold under execution or other process - When lands are sold by virtue of any writ of...
§ 13-3-189. Completion of title under justice's execution - The title to land sold under execution issued by a...
Chapter 5 - Juries
§ 13-5-1. Who are competent jurors; determination of literacy - Every citizen not under the age of twenty-one years, who...
§ 13-5-2. Public policy stated - It is the policy of this state that all persons...
§ 13-5-4. Definitions - As used in this chapter: "Court" means the circuit, chancery...
§ 13-5-10. Jury wheel; selection and deposit of names or identifying numbers of prospective jurors; number required; refilling - The jury commission for each county shall maintain a jury...
§ 13-5-12. Jury wheel-selection and deposit of names or identifying numbers of prospective jurors-procedure where less than all names on master list used - Unless all the names on the master list are to...
§ 13-5-14. List of names placed in jury wheel to be delivered to senior circuit judge-minute entry - At any time the jury commission places names in the...
§ 13-5-18. Telephone answering device required; cost of device - The clerk of the circuit court in each county shall...
§ 13-5-21. Jury list in counties with two circuit court districts - In counties where there are two (2) circuit court districts,...
§ 13-5-25. Who is exempt as a personal privilege - Every citizen over sixty-five (65) years of age, and everyone...
§ 13-5-28. Summoning of person drawn for jury duty - If a grand, petit or other jury is ordered to...
§ 13-5-30. Summoning of jurors where there is shortage of petit jurors drawn from jury box - If there is an unanticipated shortage of available petit jurors...
§ 13-5-32. Names of jurors drawn from jury box to be made public; exception - The names of jurors drawn from the jury box shall...
§ 13-5-36. Preservation of records and papers in connection with selection and service of jurors - All records and papers compiled and maintained by the jury...
§ 13-5-38. Payment of cost of implementation of law - In counties where the implementation of Sections 13-5-2 through 13-5-16,...
§ 13-5-39. Terms of grand juries limited - Unless otherwise directed by an order of the senior circuit...
§ 13-5-41. Number of grand jurors - The number of grand jurors shall not be less than...
§ 13-5-43. Impaneling as conclusive evidence of competency and qualifications - Before swearing any grand juror as such, he shall be...
§ 13-5-45. Foreman to be appointed and all to be sworn - The court shall appoint one of the grand jurors to...
§ 13-5-47. Judge to charge the grand jury - The judge shall charge the grand jury concerning its duties...
§ 13-5-51. Places of absent jurors to be filled - If, after the grand jury has been sworn, any of...
§ 13-5-53. Adjournment of grand jury to a day; pay in such case - The court or judge, in its discretion, may adjourn the...
§ 13-5-55. Grand jury to inspect jail; sheriff punishable - Each grand jury which is impaneled shall make a personal...
§ 13-5-57. Grand jury may examine all county offices - The grand jury shall have free access at all proper...
§ 13-5-59. Grand jury to examine tax collector's books - It shall be the duty of each grand jury which...
§ 13-5-61. Grand jury not to disclose secrets of jury-room - A grand juror, except when called as a witness in...
§ 13-5-63. Witnesses before grand jury may be subpoenaed and sworn - The foreman of the grand jury shall have power to...
§ 13-5-65. Impaneling of petit juries - After the drawing of the grand jury, the remaining jurors...
§ 13-5-67. Impaneling of alternate jurors - Except in cases in which jury selection and selection of...
§ 13-5-69. Examination of jurors by attorneys or litigants - Except in cases in which the examination of jurors is...
§ 13-5-71. Oath of petit jurors - Petit jurors shall be sworn in the following form: "You,...
§ 13-5-73. Oath of jurors and bailiffs in capital cases - The jurors in a capital case shall be sworn to...
§ 13-5-77. Special venire facias to issue in certain criminal cases - When any person charged with a capital crime, or with...
§ 13-5-79. When opinion as to guilt or innocence will not render one incompetent in a criminal case - Any person, otherwise competent, who will make oath that he...
§ 13-5-81. Challenge to array; quashing of venire - A challenge to the array shall not be sustained, except...
§ 13-5-83. Intoxicated jurors; jurors under the control of the court - If any juror summoned to appear at court, should render...
§ 13-5-85. Selection of and service on juries in Harrison County - In Harrison County, a county having two judicial districts, the...
§ 13-5-87. Laws as to listing, drawing, summoning and impaneling of juries are directory - All the provisions of law in relation to the listing,...
§ 13-5-89. Juries in condemnation proceedings - In all cases where a jury is required in the...
§ 13-5-91. Jury may view the place - When, in the opinion of the court, on the trial...
§ 13-5-93. Nine jurors may return a verdict in civil cases - In the trial of all civil suits in the circuit...
§ 13-5-95. Separate accommodations and bailiffs for male and female jurors - In selecting overnight accommodations for jurors, the court shall provide...
§ 13-5-97. Certain jury records exempt from public access requirements - Records in the possession of a public body, as defined...
Chapter 7 - State Grand Jury Act
§ 13-7-1. Short title; citation of state grand juries - This chapter may be cited as the "State Grand Jury...
§ 13-7-3. Definitions - For purposes of this chapter: The phrase "Attorney General or...
§ 13-7-5. State grand jury system established; number of jurors; meeting location; quorum - There is established a state grand jury system. Each state...
§ 13-7-9. Return of indictment by state grand jury; powers and duties of and law applicable to state grand juries - A state grand jury may return indictments irrespective of the...
§ 13-7-11. Duties of Attorney General or designee - The Attorney General or his designee shall attend sessions of...
§ 13-7-13. Clerk of state grand jury; compensation - The impaneling judge shall appoint a circuit clerk who shall...
§ 13-7-15. Creation of list of potential jurors; selection of jurors; grounds for excusing juror from service; swearing of jurors; compensation of jurors - After the impaneling judge orders a term for the state...
§ 13-7-17. Foreman and deputy foreman of grand jury - The impaneling judge shall appoint one (1) of the jurors...
§ 13-7-19. Challenging the grand jury - After the state grand jurors shall have been sworn and...
§ 13-7-21. Subpoenas and subpoenas duces tecum; contempt - The clerk of the state grand jury, upon request of...
§ 13-7-23. Amending petition and order establishing and impaneling state grand jury - Once a state grand jury has entered into a term,...
§ 13-7-25. Recording of proceedings of state grand jury; defendants right to review record; custody of records - A court reporter shall record either stenographically or by use...
§ 13-7-27. Administering oath to witnesses - The foreman shall administer an oath or affirmation in the...
§ 13-7-29. Secrecy of proceedings; exceptions; penalties for violation - If the court orders disclosure of matters occurring before a...
§ 13-7-31. Authority of impaneling judge to hear matters arising from grand jury proceedings - Except for the prosecution of cases arising from indictments issued...
§ 13-7-33. Attorney general or designee to coordinate scheduling activities - The Attorney General or his designee shall coordinate the scheduling...
§ 13-7-37. Immunity or privilege given on account of testimony; waiver - If any person asks to be excused from testifying before...
§ 13-7-39. Sealing of records, orders and subpoenas of grand jury - Records, orders and subpoenas related to state grand jury proceedings...
§ 13-7-41. Space for grand jury; cooperation of Department of Public Safety and Bureau of Narcotics - The Attorney General shall make available suitable space for state...
§ 13-7-43. Authority of Supreme Court to promulgate rules for operation of grand jury system - The Supreme Court may promulgate rules as are necessary for...
§ 13-7-45. Severability provision - If any part of this chapter is declared invalid, unenforceable...
§ 13-7-47. Retroactivity of chapter - This chapter applies to offenses committed both before and after...
§ 13-7-49. Chapter does not amend, repeal or supersede other laws governing grand juries, investigations, indictments or prosecutions - Nothing in this chapter shall be construed as amending, repealing...