Miss. Code Ann. § 11-45-15 — MS Code / Title 11 / Chapter 7 / Section 45-15
Miss. Code Ann. § 11-45-15
Status: in_force

Any county may have like remedies given to recover any property belonging to it, or damages for injury thereto; and action may be brought in behalf of the county by the county prosecuting attorney or by someone employed therefor by the board of supervisors.
Miss. Code Ann. § 11-51-37 — MS Code / Title 11 / Chapter 19 / Section 51-37
Miss. Code Ann. § 11-51-37
Status: in_force

If the judgment or decree as to the land embraced in the stay of execution obtained under Section 11-51-35 shall be affirmed, the court below, on the receipt of the certificate of the affirmance, shall, after the obligors in the supersedeas bond have been summoned, proceed to inquire, as well of the value of the use and occupation of said land as of the damages by any waste or injury contemplated by the bond. Judgment for the sums assessed shall be rendered against the obligors in the bond, or such as are alive; and if any be dead, like proceedings in all respects may be had as are provided for in other cases of deceased obligors in bonds given in legal proceedings.
Miss. Code Ann. § 11-51-12 — MS Code / Title 11 / Chapter 35 / Section 51-12
Miss. Code Ann. § 11-51-12
Status: in_force

(1) A person ordered by any tribunal, except the Supreme Court, to be punished for a civil contempt, may appeal to the court to which other cases are appealable from said tribunal. If jail confinement is ordered to compel the payment of any monetary sum, the contemnor shall be allowed to appeal upon the execution of an appearance bond, payable to the appellee, with sufficient sureties, in the penalty of one hundred twenty-five percent (125%) of such sum as he has been adjudicated in contempt for failure to pay, unless the court shall determine that a lesser bond should be required. The bond shall be conditioned to abide the results of the appeal.

(2) Where the punishment for civil contempt is other than jail confinement, the contemnor shall be allowed to appeal upon the posting of a bond, payable to the appellee, with sufficient sureties, to be approved by the tribunal appealed from, in an amount to be fixed by such tribunal, conditioned to abide the results of the appeal.

(3) All appeals allowed in accordance with the provisions of this section shall operate as a supersedeas.

(4) The burden of proof in civil contempt shall be proof by a preponderance of the evidence.
Miss. Code Ann. § 11-39-61 — MS Code / Title 11 / Chapter 39 / Section 39-61
Miss. Code Ann. § 11-39-61
Status: in_force

The judge, before making the order for trial in vacation or afterward, may impose such terms, and make such requirements as to costs and payment thereof or security therefor, as he thinks proper, and shall tax the costs of the case as he may deem just.
Miss. Code Ann. § 11-19-103 — MS Code / Title 11 / Chapter 19 / Section 19-103
Miss. Code Ann. § 11-19-103
Status: in_force

A judgment in an action of ejectment shall be conclusive as to the right of possession established upon the party against whom it is recovered, and upon all persons claiming from, through, or under such party, by title arising after the commencement of the action; but if any person against whom such judgment is recovered shall be, at the time of its recovery, an infant or person of unsound mind, the judgment shall not be a bar to an action commenced by such person, or any one claiming by inheritance from, through, or under him, within three years after the removal of his disability.
Miss. Code Ann. § 11-33-27 — MS Code / Title 11 / Chapter 27 / Section 33-27
Miss. Code Ann. § 11-33-27
Status: in_force

If a writ of attachment, returnable to the circuit court, be served by a constable, marshall, or by any person specially appointed for that purpose, the writ of attachment with the return thereon of the action of such person and all property and effects levied on, shall forthwith be delivered to the sheriff of the proper county, who shall be responsible for the property so seized, and shall return the writ to the proper court, with a statement of his action under it; but if the sheriff be a party, the office serving the attachment shall make the return, and so state therein, and likewise retain the property, unless the court, or judge in vacation, make an order for the safekeeping and forthcoming thereof.
Miss. Code Ann. § 11-44-1 — MS Code / Title 11 / Chapter 3 / Section 44-1
Miss. Code Ann. § 11-44-1
Status: in_force

The Legislature finds that innocent persons who have been wrongly convicted of felony crimes and subsequently imprisoned have been uniquely victimized, have distinct problems reentering society, and should be compensated. In light of the particular and substantial horror of being imprisoned for a crime one did not commit, the Legislature intends by enactment of the provisions of this chapter that innocent people who are wrongfully convicted be able to receive monetary compensation.
Miss. Code Ann. § 11-39-1 — MS Code / Title 11 / Chapter 3 / Section 39-1
Miss. Code Ann. § 11-39-1
Status: in_force

The remedy by information in the nature of a quo warranto shall lie, in the name of the state, against any person or corporation offending in the following cases, viz.:

First.--Whenever any person unlawfully holds or exercises the functions of any public office, civil or military, or franchise, or any office in any corporation, city, town, or village, and to try the right to any such office.

Second.--Whenever any public officer has done or suffered to be done, or has omitted to do any act, the doing or omission of which works a forfeiture of office.

Third.--Whenever any two or more persons shall act as a corporation, or assume so to do without being legally incorporated.

Fourth.--Whenever any corporation shall be guilty of a misuser or abuse of its powers, or ceases to discharge the duty for which it was created.

Fifth.--Whenever any corporation willfully exercises powers not conferred by law.

Sixth.--Whenever any corporation fails to exercise powers conferred by law and essential to its corporate existence, or implied in its duty to the public.

Seventh.--Whenever any corporation shall be guilty of doing or neglecting to do any act the doing or neglecting of which is made by law a cause of forfeiture of franchise.

Eighth.--Whenever any corporation shall willfully and persistently violate the law made for regulating such corporations, or the criminal law; but acts done in good faith before adjudication of the constitutionality of a doubtful statute shall not be cause of forfeiture.

Ninth.--Whenever it is sought to have the right of any corporation, not created by the laws of this state, to do business in this state forfeited because of its persistent refusal to comply with the laws thereof.

Tenth.--Whenever any nonresident alien or corporation shall acquire or hold lands contrary to law.
Miss. Code Ann. § 11-37-155 — MS Code / Title 11 / Chapter 5 / Section 37-155
Miss. Code Ann. § 11-37-155
Status: in_force

The action of replevin shall not be maintainable in any case of the seizure of property under execution or attachment when a remedy is given to claim the property by making claim to it in some mode prescribed by law, but the person claiming must resort to the specific mode prescribed in such case, and shall not resort to the action of replevin.
Miss. Code Ann. § 11-35-57 — MS Code / Title 11 / Chapter 15 / Section 35-57
Miss. Code Ann. § 11-35-57
Status: in_force

Executors and administrators may be garnished for a debt due by their testator or intestate to the defendant; but judgment shall not be entered in such case against an executor or administrator until the lapse of six months after the grant of letters; and they may be garnished as having effects due to legatees or distributees; but judgment shall not be rendered against them in such case, except with their consent, until after a final settlement of the estate.
Miss. Code Ann. § 11-33-7 — MS Code / Title 11 / Chapter 9 / Section 33-7
Miss. Code Ann. § 11-33-7
Status: in_force

When two or more persons, not residing in this state, are jointly indebted, the writ of attachment may be issued against such debtors, or any of them, by their proper names or by the name of the partnership, or by whatever other names such debtors may be called or known in this state, or against the executors or administrators of them or any or either of them, and may be levied upon the separate or joint estate or both of such debtors, and the lands, tenements, money, goods, chattels, effects, rights and credits of such debtors, or any or either of them, which shall be liable to be seized and taken for the satisfaction of any debt or demand for which an attachment will lie.
Miss. Code Ann. § 11-7-199 — MS Code / Title 11 / Chapter 5 / Section 7-199
Miss. Code Ann. § 11-7-199
Status: in_force

A growing crop shall not be subject to the lien of a judgment.
Miss. Code Ann. § 11-43-39 — MS Code / Title 11 / Chapter 25 / Section 43-39
Miss. Code Ann. § 11-43-39
Status: in_force

The judge or chancellor may issue or order subpoenas for witnesses and compel their attendance, as a circuit court could in term time, and fine witnesses or others for contempt. Whenever the personal attendance of a witness cannot be procured, his affidavit, taken on reasonable notice to the adverse party, may be received in evidence.
Miss. Code Ann. § 11-71-13 — MS Code / Title 11 / Chapter 59 / Section 71-13
Miss. Code Ann. § 11-71-13
Status: in_force

Except as otherwise provided in Section 11-46-11 , a person must bring suit for any alleged injury arising from COVID-19 not later than two (2) years after the day the cause of action accrues.
Miss. Code Ann. § 11-53-11 — MS Code / Title 11 / Chapter 45 / Section 53-11
Miss. Code Ann. § 11-53-11
Status: in_force

The clerk or justice of the peace shall be liable on his official bond to all persons having any claim to or interest in any money so deposited for costs; and for failure to pay over the same, as required, to the person entitled to it, shall, besides any other penalty provided, be liable to be dealt with for contempt by the court in which the deposit was made. A deposit in the hands of a clerk or justice at the expiration of his term of office shall be delivered to his successor.
Miss. Code Ann. § 11-67-15 — MS Code / Title 11 / Chapter 31 / Section 67-15
Miss. Code Ann. § 11-67-15
Status: in_force

This chapter shall apply to all asbestos actions filed on or after July 1, 2017, and to all pending asbestos tort actions in which trial has not commenced as of July 1, 2017.
Miss. Code Ann. § 11-19-97 — MS Code / Title 11 / Chapter 17 / Section 19-97
Miss. Code Ann. § 11-19-97
Status: in_force

The jury shall find the actual cash value of such improvements and the amount of taxes paid, the value of the mesne profits and damages, and the actual cash value of the land without the improvements. Where the value of the improvements and taxes exceed the value of the mesne profits and damages, the defendant shall have a lien upon the land for the difference between the value of the mesne profits and the value of the improvements and taxes so found, and execution shall not issue in favor of the plaintiff until he shall have paid the amount so due to the defendant. Unless the plaintiff, within three months after the rendition of the verdict, pay the amount so due, the defendant may pay to the plaintiff the assessed value of the land with interest from the date of the verdict, and pay the costs of the suit, and thereupon the execution of the judgment for the recovery of the land shall be perpetually stayed. If the defendant fail to pay to the plaintiff the value of the land so assessed, with interest and costs of suit, within three months after the expiration of the time allowed the plaintiff for making payment, an execution shall issue for the sale of the land recovered in the ejectment.
Miss. Code Ann. § 11-61-1 — MS Code / Title 11 / Chapter 13 / Section 61-1
Miss. Code Ann. § 11-61-1
Status: in_force

(1) This section shall be known and may be cited as the Mississippi Religious Freedom Restoration Act.

(2) The Mississippi Legislature finds the following:

(a) The framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;

(b) Laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;

(c) Government should not substantially burden religious exercise without compelling justification;

(d) In Employment Division v. Smith, 494 U.S. 872 (1990) , the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and

(e) The compelling interest test as set forth in prior federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.

(3) The purposes of this section are as follows:

(a) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) , and Wisconsin v. Yoder, 406 U.S. 205 (1972) , and to guarantee its application in all cases where free exercise of religion is substantially burdened; and

(b) To provide a claim or defense to persons whose religious exercise is substantially burdened by government.

(4) As used in this section, the following words shall have the following meanings:

(a) “ Government ” means any branch, department, agency, instrumentality or political subdivision of the State of Mississippi and any official or other person acting under color of law of the State of Mississippi.

(b) “ Demonstrates ” means to meet the burdens of going forward with the evidence and of persuasion.

(c) “ Exercise of religion ” means the exercise of religion under the First Amendment to the Constitution.

(5)(a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph (b) of this subsection.

(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:

(i) Is in furtherance of a compelling governmental interest; and

(ii) Is the least restrictive means of furthering that compelling governmental interest.

(6) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government, as defined by subsection (4) of this section. Standing to assert a claim or defense under this section shall be the same as the general rules of standing under Article III of the United States Constitution .

(7)(a) This section applies to all state laws, rules, regulations and any municipal or county ordinances, rules or regulations and the implementation of those laws, whether statutory or otherwise, and whether adopted before or after July 1, 2014.

(b) Any such law, rule, regulation or ordinances adopted after July 1, 2014, shall be subject to this section unless such law explicitly excludes such application by reference to this section.

(8) Nothing in this section shall be construed to authorize any government to burden any religious belief.

(9) Nothing in this section shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion. Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this section. As used in this subsection, the term “granting,” used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(10) Nothing in this section shall create any rights by an employee against an employer if the employer is not the government.
Miss. Code Ann. § 11-44-9 — MS Code / Title 11 / Chapter 11 / Section 44-9
Miss. Code Ann. § 11-44-9
Status: in_force

(1) An action for compensation brought by a wrongfully convicted person under the provisions of this chapter shall be commenced within three (3) years after either the grant of a pardon or the grant of judicial relief and satisfaction of other conditions described in Section 11-44-3(1) ; provided, however, that any action by the state challenging or appealing the grant of said judicial relief shall toll the three-year period. Persons convicted, incarcerated and released from custody prior to July 1, 2009, shall commence an action under this chapter not later than June 30, 2012.

(2) Notwithstanding any other provision of law, failure to file any applicable Notice of Claim shall not bar filing of a claim under this chapter.
Miss. Code Ann. § 11-62-11 — MS Code / Title 11 / Chapter 39 / Section 62-11
Miss. Code Ann. § 11-62-11
Status: in_force

An aggrieved person must first seek injunctive relief to prevent or remedy a violation of this chapter or the effects of a violation of this chapter. If injunctive relief is granted by the court and the injunction is thereafter violated, then and only then may the aggrieved party, subject to the limitations of liability set forth in Section 11-46-15 , seek the following:

(a) Compensatory damages for pecuniary and nonpecuniary losses;

(b) Reasonable attorneys' fees and costs; and

(c) Any other appropriate relief, except that only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a claim or defense under this chapter.
Miss. Code Ann. § 11-51-95 — MS Code / Title 11 / Chapter 15 / Section 51-95
Miss. Code Ann. § 11-51-95
Status: in_force

Like proceedings as provided in Section 11-51-93 may be had to review the judgments of all tribunals inferior to the circuit court, whether an appeal be provided by law from the judgment sought to be reviewed or not. However, petitions for a writ of certiorari to the circuit court for review of a decision of a municipal civil service commission created under Section 21-31-1 et seq. or Section 21-31-51 et seq. shall be filed within thirty (30) days after the entry of the judgment or order of the commission.
Miss. Code Ann. § 11-37-157 — MS Code / Title 11 / Chapter 21 / Section 37-157
Miss. Code Ann. § 11-37-157
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-35-33 — MS Code / Title 11 / Chapter 23 / Section 35-33
Miss. Code Ann. § 11-35-33
Status: in_force

Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Miss. Code Ann. § 11-17-25 — MS Code / Title 11 / Chapter 13 / Section 17-25
Miss. Code Ann. § 11-17-25
Status: in_force

Any of the parties to a confirmation suit filed under the provisions of Sections 11-17-19 through 11-17-27 may appeal from the decree of the chancery court in the manner and within the time provided by law, and such appeals shall be heard as are other cases of appeals from the decrees of the chancery court.
Miss. Code Ann. § 11-31-3 — MS Code / Title 11 / Chapter 5 / Section 31-3
Miss. Code Ann. § 11-31-3
Status: in_force

When a bill shall be filed for an attachment of the effects of a nonresident, absent or absconding debtor in the hands of persons in this state, or of the indebtedness of persons in this state to such nonresident, absent or absconding debtor, it shall be sufficient to bind such effects or indebtedness that the order of attachment together with a copy of the bill of complaint and affidavit be served upon the persons possessing such effects or owing such indebtedness.
Miss. Code Ann. § 11-19-101 — MS Code / Title 11 / Chapter 13 / Section 19-101
Miss. Code Ann. § 11-19-101
Status: in_force

If a tenant for life be impleaded, and judgment given against him for the lands or tenements, then the person to whom the reversion or remainder belongs at the time of such judgment, his heirs or successors, may have an appeal as well in the lifetime of the tenant as after his death. If the judgment be reversed, the tenant, if living, shall be restored to the possession of the lands or tenements, and the party prosecuting the appeal shall be entitled to the arrearages of rent for the same. If the tenant be dead at the time of judgment given on the appeal, then restitution of the lands or tenements shall be made to the party prosecuting the appeal, together with the arrearages of rent. If the party prosecuting the appeal allege that the judgment first obtained against the tenant was by covin or assent, then restitution shall be made to the party prosecuting such appeal with arrearages of rent, although the tenant be living; but in such case the tenant may have a scire facias against the party appealing if he deny and traverse the covin or assent, but not otherwise.
Miss. Code Ann. § 11-47-3 — MS Code / Title 11 / Chapter 45 / Section 47-3
Miss. Code Ann. § 11-47-3
Status: in_force

When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be founded upon an instrument which is recorded, or upon a judgment duly enrolled, in the county in which the real estate is situated, such person shall file with the clerk of the chancery court of each county where the real estate, or any part thereof, is situated, a notice containing the names of all the parties to the suit, a description of the real estate, and a brief statement of the nature of the lien, right, or interest sought to be enforced. The clerk shall immediately file and record the notice in the lis pendens record, and note on it, and in the record, the hour and day of filing and recording.
Miss. Code Ann. § 11-51-99 — MS Code / Title 11 / Chapter 49 / Section 51-99
Miss. Code Ann. § 11-51-99
Status: in_force

The chancery court, in its discretion, may allow executors, administrators, guardians and conservators to appeal money or property judgments or orders against their wards or estates with supersedeas under any existing bond or one set for that purpose; but they shall pay the costs of the lower court including the Supreme Court filing fee.
Miss. Code Ann. § 11-71-5 — MS Code / Title 11 / Chapter 61 / Section 71-5
Miss. Code Ann. § 11-71-5
Status: in_force

<For expiration of this section, see Historical and Statutory Notes.>

(1) A person, or agent of that person, who attempts in good faith to follow applicable public health guidance shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services.

(2) A person, or agent of that person, shall be immune from suit for civil damages for injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services in the time before applicable public health guidance was available.

(3) An owner, lessee, occupant or any other person in control of a premises, who attempts, in good faith, to follow applicable public health guidance and directly or indirectly invites or permits any person onto a premises shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19.
Miss. Code Ann. § 11-27-49 — MS Code / Title 11 / Chapter 23 / Section 27-49
Miss. Code Ann. § 11-27-49
Status: in_force

The boards of trustees of an agricultural high school, or agricultural high school and junior college, or any municipal separate school district, and the county board of education, in the case of other school districts, are authorized and empowered to exercise the right of eminent domain, for the purpose of acquiring property to be used for school and playground purposes. However, the rights of eminent domain created hereunder shall not be used for the condemnation of the property of any school or college whatsoever, either private, fraternal, sectarian or denominational.
Miss. Code Ann. § 11-33-23 — MS Code / Title 11 / Chapter 1 / Section 33-23
Miss. Code Ann. § 11-33-23
Status: in_force

The officer receiving the writ of attachment shall forthwith levy the same, according to law, on the property of the defendant, real and personal, wherever found; and he shall summon as garnishees, by writs of garnishment, to be issued and served by himself, and duly returned, all persons indebted to the defendant, or having in possession effects belonging to him, to appear at the court to which the attachment is returnable, there to answer as required by law; and he shall seize the books of accounts and other evidence of debt belonging to the defendant and levy on the stock, shares, or interest of the defendant in any corporation, joint-stock company, or copartnership. All the property, debts, choses in action, stock, shares, and interest of the defendant attached, shall be bound by the levy from the date thereof.
Miss. Code Ann. § 11-33-25 — MS Code / Title 11 / Chapter 1 / Section 33-25
Miss. Code Ann. § 11-33-25
Status: in_force

The officer serving the attachment shall summon the defendant, if to be found, to appear and answer the action, as in other cases.
Miss. Code Ann. § 11-21-9 — MS Code / Title 11 / Chapter 17 / Section 21-9
Miss. Code Ann. § 11-21-9
Status: in_force

If the title of the plaintiffs seeking partition or sale of land for a division shall be controverted, it shall not be necessary for the court to dismiss the complaint, but the question of title shall be tried and determined in the suit and the court shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands whereof partition is sought and to apportion encumbrances, if partition be made of land encumbered and it be deemed proper to do so. The court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrancers.
Miss. Code Ann. § 11-33-97 — MS Code / Title 11 / Chapter 1 / Section 33-97
Miss. Code Ann. § 11-33-97
Status: in_force

If the issue on the defense traversing the truth of the alleged attachment grounds be found for the defendant, the attachment shall be thereby discharged, and all property seized under it, and all persons summoned as garnishees, shall be released from it; but the action, unless dismissed by the plaintiff, shall be proceeded with in all respects as if it had been an ordinary action in its commencement; and the costs accruing in it, after the trial of the issue on the said defense, shall abide the result of such action.
Miss. Code Ann. § 11-62-17 — MS Code / Title 11 / Chapter 27 / Section 62-17
Miss. Code Ann. § 11-62-17
Status: in_force

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(1) “ State benefit program ” means any program administered or funded by the state, or by any agent on behalf of the state, providing cash, payments, grants, contracts, loans or in-kind assistance.

(2) “ State government ” means:

(a) The State of Mississippi or a political subdivision of the state;

(b) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, court or public institution of higher education;

(c) Any person acting under color of state law; and

(d) Any private party or third party suing under or enforcing a law, ordinance, rule or regulation of the state or political subdivision of the state.

(3) “ Person ” means:

(a) A natural person, in his or her individual capacity, regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy or minister of any entity described in this section;

(b) A religious organization;

(c) A sole proprietorship, or closely held company, partnership, association, organization, firm, corporation, cooperative, trust, society or other closely held entity operating with a sincerely held religious belief or moral conviction described in this chapter; or

(d) Cooperatives, ventures or enterprises comprised of two (2) or more individuals or entities described in this subsection.

(4) “ Religious organization ” means:

(a) A house of worship, including, but not limited to, churches, synagogues, shrines, mosques and temples;

(b) A religious group, corporation, association, school or educational institution, ministry, order, society or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; and

(c) An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this subsection (4).

(5) “ Adoption or foster care ” or “ adoption or foster care service ” means social services provided to or on behalf of children, including:

(a) Assisting abused or neglected children;

(b) Teaching children and parents occupational, homemaking and other domestic skills;

(c) Promoting foster parenting;

(d) Providing foster homes, residential care, group homes or temporary group shelters for children;

(e) Recruiting foster parents;

(f) Placing children in foster homes;

(g) Licensing foster homes;

(h) Promoting adoption or recruiting adoptive parents;

(i) Assisting adoptions or supporting adoptive families;

(j) Performing or assisting home studies;

(k) Assisting kinship guardianships or kinship caregivers;

(l) Providing family preservation services;

(m) Providing family support services; and

(n) Providing temporary family reunification services.
Miss. Code Ann. § 11-23-29 — MS Code / Title 11 / Chapter 5 / Section 23-29
Miss. Code Ann. § 11-23-29
Status: in_force

A claimant's bond may be in the following form, viz.:

“We, __________, principal, and __________ and __________, sureties, bind ourselves to pay __________ dollars, unless the said __________ shall prosecute with effect his claim to a __________ [here describe the property], levied on by virtue of an execution issued on the ___ day of __________, A.D. __________, by __________ court of __________ county, in favor of __________ against __________, returnable before the __________ court on the ___ day of __________, A.D. __________, and valued at __________ dollars: or, in case he fail therein, shall pay to the said __________ all such damages as may be awarded against the said __________, in case his claim shall not be sustained, and shall deliver the same property to the officer having said execution, if the claim thereto shall be determined against the said __________.

“Witness our hands, this ___ day of __________, A.D. __________.

“I approve the foregoing bond and sureties, this the ____ day of _______, A.D. __________.
Miss. Code Ann. § 11-37-111 — MS Code / Title 11 / Chapter 17 / Section 37-111
Miss. Code Ann. § 11-37-111
Status: in_force

The writ of replevin shall be in the following form, to-wit:

“State of Mississippi

County of __________

To the sheriff of any lawful officer of __________ County:

We command you to immediately seize and take into your possession (here describe the property as shown in the declaration) alleged by __________, the plaintiff, to be wrongfully detained by __________, the defendant, and to deliver said property to the plaintiff unless bonded by the defendant; and to summon the said defendant to appear before the __________ court of __________ County, Mississippi, at __________ o'clock __________.M., on the ___ day of __________, 2___, to answer the suit of the plaintiff for the wrongful detention of said property, and have then and there this writ.

WITNESS MY HAND, this ___ day of __________, 2___.
Miss. Code Ann. § 11-7-159 — MS Code / Title 11 / Chapter 7 / Section 7-159
Miss. Code Ann. § 11-7-159
Status: in_force

If the verdict is informal or defective, the court may direct it to be reformed at the bar. Where there has been a manifest miscalculation of interest, the court may direct a computation thereof at the bar, and the verdict may, if the jury assent thereto, be reformed in accordance with such computation.
Miss. Code Ann. § 11-53-55 — MS Code / Title 11 / Chapter 51 / Section 53-55
Miss. Code Ann. § 11-53-55
Status: in_force

If a case shall occur in any court not embraced expressly by statute, Mississippi Rules of Civil Procedure or Mississippi Supreme Court Rules, the court may make such order for the payment of costs by any of the parties as, in its discretion, may be proper.
Miss. Code Ann. § 11-35-7 — MS Code / Title 11 / Chapter 19 / Section 35-7
Miss. Code Ann. § 11-35-7
Status: in_force

When the sheriff issues a writ of garnishment in executing an attachment, it may be in the following form:

“THE STATE OF MISSISSIPPI.

“To __________, garnishee:

“Whereas, the undersigned holds an attachment writ against __________, as defendant at the suit of __________, as plaintiff, and it appearing that you should be summoned as garnishee:

“We therefore command you to appear in the __________ court, at __________, on the ___ day of __________, A.D. __________, being the return day of said attachment, then and there in said attachment suit to answer (here copy in full every particular that a garnishee is required to answer). Herein fail not, under penalty of having judgment rendered against you for the whole amount of plaintiff's demand.

“Witness my signature, this ___ day of __________, A.D. __________.

The original must be returned to the court properly indorsed with the mode of service and the defendant served, as in other cases.
Miss. Code Ann. § 11-51-89 — MS Code / Title 11 / Chapter 9 / Section 51-89
Miss. Code Ann. § 11-51-89
Status: in_force

The justice of the peace, mayor or police justice of any city, town or village from whose decision an appeal shall be taken, shall at once transmit to the clerk of that court a certified copy of the record of the proceedings, with all the original papers and process in the case, and the original appeal bond given by the appellant, and the clerk shall docket the same, and shall be entitled to the same fees, upon such appeals, as for similar services in suits originating in said court. The justice, mayor, or police justice of any city, town or village shall, at all times, be allowed to amend his return according to the facts.
Miss. Code Ann. § 11-62-17 — MS Code / Title 11 / Chapter 21 / Section 62-17
Miss. Code Ann. § 11-62-17
Status: in_force

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(1) “ State benefit program ” means any program administered or funded by the state, or by any agent on behalf of the state, providing cash, payments, grants, contracts, loans or in-kind assistance.

(2) “ State government ” means:

(a) The State of Mississippi or a political subdivision of the state;

(b) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, court or public institution of higher education;

(c) Any person acting under color of state law; and

(d) Any private party or third party suing under or enforcing a law, ordinance, rule or regulation of the state or political subdivision of the state.

(3) “ Person ” means:

(a) A natural person, in his or her individual capacity, regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy or minister of any entity described in this section;

(b) A religious organization;

(c) A sole proprietorship, or closely held company, partnership, association, organization, firm, corporation, cooperative, trust, society or other closely held entity operating with a sincerely held religious belief or moral conviction described in this chapter; or

(d) Cooperatives, ventures or enterprises comprised of two (2) or more individuals or entities described in this subsection.

(4) “ Religious organization ” means:

(a) A house of worship, including, but not limited to, churches, synagogues, shrines, mosques and temples;

(b) A religious group, corporation, association, school or educational institution, ministry, order, society or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; and

(c) An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this subsection (4).

(5) “ Adoption or foster care ” or “ adoption or foster care service ” means social services provided to or on behalf of children, including:

(a) Assisting abused or neglected children;

(b) Teaching children and parents occupational, homemaking and other domestic skills;

(c) Promoting foster parenting;

(d) Providing foster homes, residential care, group homes or temporary group shelters for children;

(e) Recruiting foster parents;

(f) Placing children in foster homes;

(g) Licensing foster homes;

(h) Promoting adoption or recruiting adoptive parents;

(i) Assisting adoptions or supporting adoptive families;

(j) Performing or assisting home studies;

(k) Assisting kinship guardianships or kinship caregivers;

(l) Providing family preservation services;

(m) Providing family support services; and

(n) Providing temporary family reunification services.
Miss. Code Ann. § 11-37-127 — MS Code / Title 11 / Chapter 21 / Section 37-127
Miss. Code Ann. § 11-37-127
Status: in_force

If, upon a trial, the judgment shall be for the plaintiff, he shall retain possession of the property delivered to him under the writ of replevin, or if said property has not been found, then the plaintiff shall have a judgment for its value as determined by such hearing, or the value of the plaintiff's interest therein. Upon the entry of a judgment for the plaintiff in such replevin action, the plaintiff and the sureties on his bond shall be fully and finally discharged and said bond cancelled. If the defendant shall have bonded the property after seizure and the judgment shall be for the plaintiff, then such judgment shall be that the defendant shall immediately deliver up said property to the plaintiff, with the defendant and the sureties on his bond to be liable to the plaintiff for any damage to or depreciation in the value of such property from the date of its surrender to the defendant under his bond until the date of its surrender by the defendant in obedience to the judgment of the court, in addition to any other damage the plaintiff may have sustained by reason of the wrongful taking or detention of such property by the defendant, all as determined upon writ of inquiry; or that the plaintiff recover from the defendant and his sureties the value of said property at the date of its return to the defendant under bond.
Miss. Code Ann. § 11-19-89 — MS Code / Title 11 / Chapter 15 / Section 19-89
Miss. Code Ann. § 11-19-89
Status: in_force

If a judgment in favor of the plaintiff in an action of ejectment be affirmed by the Supreme Court, and the appellant have a crop then planted and growing upon the premises in question, and shall file with the clerk of the circuit court in which the judgment was recovered an affidavit of the fact, and shall undertake, in writing, with such sureties and such sum as the clerk may require, to pay to the opposite party the rent which may be adjudged to be paid for the use and occupation of said premises until the end of the current year, a writ of possession shall not issue until the end of the year, and the affidavit and security for rent shall be filed by the clerk among the papers in the case. The clerk may examine the parties and other persons on oath as to the value of such rent and the sufficiency of the sureties, and may require their statements to be written and signed by them.
Miss. Code Ann. § 11-67-1 — MS Code / Title 11 / Chapter 23 / Section 67-1
Miss. Code Ann. § 11-67-1
Status: in_force

This chapter may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act.”
Miss. Code Ann. § 11-41-3 — MS Code / Title 11 / Chapter 21 / Section 41-3
Miss. Code Ann. § 11-41-3
Status: in_force

The complaint shall be filed in the circuit court of the county in which the tribunal, corporation, board, officer, or person made defendant, or some one or more of them, shall reside or be found; but if the judge of that court be interested, the complaint may be filed in an adjoining circuit court district.
Miss. Code Ann. § 11-35-37 — MS Code / Title 11 / Chapter 21 / Section 35-37
Miss. Code Ann. § 11-35-37
Status: in_force

If a garnishee shall pay over or deliver, in pursuance of the judgment or process of the court, any money or property belonging to the defendant, before notice of sale, assignment, or transfer thereof by the defendant to any other person, such garnishee shall not thereafter be liable for the debt or property to the vendee or assignee thereof.
Miss. Code Ann. § 11-53-5 — MS Code / Title 11 / Chapter 41 / Section 53-5
Miss. Code Ann. § 11-53-5
Status: in_force

Security for costs may be given by recognizance entered into in open court, or by written undertaking indorsed on or filed with the papers in the cause, or by a deposit with the clerk of the court of the amount in cash or a certified check on any solvent bank in this state. The judgment, when rendered against the plaintiff or complainant, shall be rendered against the surety as well as against the plaintiff or complainant; and execution may be issued as in other cases for all costs for which the plaintiff or complainant may be liable in the cause. Additional security may be required by the court or the justice of the peace, if it appear that the security already taken is insufficient.
Miss. Code Ann. § 11-61-3 — MS Code / Title 11 / Chapter 21 / Section 61-3
Miss. Code Ann. § 11-61-3
Status: in_force

(1) The Legislature recognizes that the Mississippi Band of Choctaw Indians is the only federally recognized Indian tribe in the State of Mississippi, and the purpose of this section is to help further the state's recognition of the unique cultural heritage of federally recognized Indian tribes and the state's commitment to preserving the cultural integrity of federally recognized Indian tribes.

(2) A governmental entity may not prohibit an individual from wearing traditional tribal regalia or objects of cultural significance at a public event.

(3) For purposes of this section, the following definitions apply:

(a) “ Individual ” means a human being, regardless of age, who is a member or descendant of a federally recognized Indian tribe.

(b) “ Governmental entity ” means any branch, department, agency or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of this state.

(c) “ Political subdivision ” has the meaning provided in Section 11-46-1 .

(d) “ Public event ” means an event held or sponsored by a governmental entity, including, but not limited to, an award ceremony, a graduation ceremony or public meeting.
Miss. Code Ann. § 11-51-71 — MS Code / Title 11 / Chapter 3 / Section 51-71
Miss. Code Ann. § 11-51-71
Status: in_force

The clerk shall make a statement on the transcript of the record sent to the Supreme Court that the amount of his fee for such transcript has been paid to him; and, if he shall not do this, the Clerk of the Supreme Court shall not be required to demand and receive the same prior to filing the appeal.
Miss. Code Ann. § 11-51-59 — MS Code / Title 11 / Chapter 17 / Section 51-59
Miss. Code Ann. § 11-51-59
Status: in_force

When an appeal shall be taken, and bond for stay of execution given, the clerk shall not issue execution on the judgment or decree appealed from until such stay shall end or be discharged. If execution had been issued before the bond for stay of execution was given, the clerk shall issue a command to the officer in whose hands the execution may be to desist from enforcing it, and to surrender any property seized under it to the person from whom it was taken or who may be entitled to it.
Miss. Code Ann. § 11-25-3 — MS Code / Title 11 / Chapter 25 / Section 25-3
Miss. Code Ann. § 11-25-3
Status: in_force

The purchaser of land at a sale for taxes, or his vendee, after two years from the date of the sale for taxes, and within three years from such date, may bring the action of unlawful detainer, for the recovery of possession of the land; and a judgment in his favor in the action shall be a bar to any action in any court brought after one year from the date of such judgment, to controvert the tax title to the land, saving the rights of infants and persons of unsound mind to redeem the same.
Miss. Code Ann. § 11-35-39 — MS Code / Title 11 / Chapter 35 / Section 35-39
Miss. Code Ann. § 11-35-39
Status: in_force

The garnishee may plead that the judgment under which the writ of garnishment was issued is void, and if his plea be sustained, no judgment shall be rendered against him.
Miss. Code Ann. § 11-51-23 — MS Code / Title 11 / Chapter 39 / Section 51-23
Miss. Code Ann. § 11-51-23
Status: in_force

If only part of those against whom a judgment or decree is rendered appeal and supersede its execution, an execution may be issued against all, and the clerk issuing it shall note on it the fact of the supersedeas as to those who appeal, and it shall be executed only as to the others.
Miss. Code Ann. § 11-57-3 — MS Code / Title 11 / Chapter 17 / Section 57-3
Miss. Code Ann. § 11-57-3
Status: in_force

The following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) “ Annuity issuer ” means an insurer that has issued a contract to fund periodic payments under a structured settlement.

(b) “Dependents” include a payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony.

(c) “ Discounted present value ” means the present value of future payments determined by discounting such payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.

(d) “ Gross advance amount ” means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration.

(e) “ Independent professional advice ” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser.

(f) “ Interested parties ” means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement.

(g) “ Net advance amount ” means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under Section 11-57-5(e) .

(h) “ Payee ” means an individual who is receiving tax-free payments under a structured settlement and proposes to make a transfer of payment rights thereunder.

(i) “ Periodic payments ” includes both recurring payments and scheduled future lump-sum payments.

(j) “ Qualified assignment agreement ” means an agreement providing for a qualified assignment within the meaning of 26 USCS 130 .

(k) “ Responsible administrative authority ” means, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement.

(l) “ Settled claim ” means the original tort claim or workers' compensation claim resolved by a structured settlement.

(m) “ Structured settlement ” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim.

(n) “ Structured settlement agreement ” means the agreement, judgment, stipulation or release embodying the terms of a structured settlement.

(o) “ Structured settlement obligor ” means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.

(p) “ Structured settlement payment rights ” means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

(i) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state;

(ii) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or

(iii) The structured settlement agreement is expressly governed by the laws of this state.

(q) “ Terms of the structured settlement ” includes, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved such structured settlement.

(r) “ Transfer ” means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; provided that the term “ transfer ” does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights.

(s) “ Transfer agreement ” means the agreement providing for a transfer of structured settlement payment rights.

(t) “ Transfer expenses ” means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney's fees, escrow fees, lien recordation fees, judgment and lien search fees, finder's fees, commissions, and other payments to a broker or other intermediary; “transfer expenses” do not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer.

(u) “ Transferee ” means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
Miss. Code Ann. § 11-19-87 — MS Code / Title 11 / Chapter 13 / Section 19-87
Miss. Code Ann. § 11-19-87
Status: in_force

If the jury find for the plaintiff in an action of ejectment, and the defendant have a crop then planted and growing upon the premises in question, it shall assess a reasonable rent for the plaintiff to receive for the use of the premises, for such time as it may think necessary for the defendant to make and gather his crop. If the defendant enter into bond with security, to be approved by the court, or by the clerk in vacation, in a penalty of double the amount of rent so assessed, payable to the plaintiff, conditioned for the payment of the rent assessed at the expiration of the term fixed by the jury for the defendant to hold possession of the premises, then a writ of possession shall not issue upon the judgment in the action, until the expiration of the time so allowed by the jury. The bond shall be filed in the office of the clerk of the court, and, if forfeited, shall have the force and effect of a judgment, and execution may issue thereon against the principal and sureties as upon other judgments in the court.
Miss. Code Ann. § 11-47-5 — MS Code / Title 11 / Chapter 29 / Section 47-5
Miss. Code Ann. § 11-47-5
Status: in_force

When the sheriff, United States marshal, or other officer, shall levy upon real estate by virtue of any process, unless it be in execution upon a judgment which is duly enrolled in the county where the real estate is situated, he shall file with the clerk of the chancery court of each county in which the real estate, or any part thereof, is situated, a notice of the levy, containing the names of the parties to the proceedings, the kind of process, and a description of the real estate levied on. The clerk shall file, record and note upon the notice and record, as required in Section 11-47-3 .
Miss. Code Ann. § 11-53-77 — MS Code / Title 11 / Chapter 15 / Section 53-77
Miss. Code Ann. § 11-53-77
Status: in_force

It shall be the duty of the judges of the several courts to require the clerks to combine in one judgment or decree as many interlocutory or other orders as can be lawfully and conveniently done, with a view to prevent the increase of costs, and, on application of any party, to correct any incorrect bill of costs as charged and made out by a clerk.
Miss. Code Ann. § 11-37-157 — MS Code / Title 11 / Chapter 23 / Section 37-157
Miss. Code Ann. § 11-37-157
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-53-9 — MS Code / Title 11 / Chapter 43 / Section 53-9
Miss. Code Ann. § 11-53-9
Status: in_force

In case of a deposit of money or certified check for costs, if the costs be adjudged against the party making the deposit, the clerk or justice shall pay the costs out of the deposit, and the residue to the party entitled thereto. If the party making the deposit be not liable for costs, the whole of the deposit shall be returned to him.
Miss. Code Ann. § 11-57-15 — MS Code / Title 11 / Chapter 5 / Section 57-15
Miss. Code Ann. § 11-57-15
Status: in_force

This chapter shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after August 1, 2002; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached before such date is either effective or ineffective.
Miss. Code Ann. § 11-51-99 — MS Code / Title 11 / Chapter 25 / Section 51-99
Miss. Code Ann. § 11-51-99
Status: in_force

The chancery court, in its discretion, may allow executors, administrators, guardians and conservators to appeal money or property judgments or orders against their wards or estates with supersedeas under any existing bond or one set for that purpose; but they shall pay the costs of the lower court including the Supreme Court filing fee.
Miss. Code Ann. § 11-57-3 — MS Code / Title 11 / Chapter 1 / Section 57-3
Miss. Code Ann. § 11-57-3
Status: in_force

The following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) “ Annuity issuer ” means an insurer that has issued a contract to fund periodic payments under a structured settlement.

(b) “Dependents” include a payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony.

(c) “ Discounted present value ” means the present value of future payments determined by discounting such payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.

(d) “ Gross advance amount ” means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration.

(e) “ Independent professional advice ” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser.

(f) “ Interested parties ” means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement.

(g) “ Net advance amount ” means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under Section 11-57-5(e) .

(h) “ Payee ” means an individual who is receiving tax-free payments under a structured settlement and proposes to make a transfer of payment rights thereunder.

(i) “ Periodic payments ” includes both recurring payments and scheduled future lump-sum payments.

(j) “ Qualified assignment agreement ” means an agreement providing for a qualified assignment within the meaning of 26 USCS 130 .

(k) “ Responsible administrative authority ” means, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement.

(l) “ Settled claim ” means the original tort claim or workers' compensation claim resolved by a structured settlement.

(m) “ Structured settlement ” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim.

(n) “ Structured settlement agreement ” means the agreement, judgment, stipulation or release embodying the terms of a structured settlement.

(o) “ Structured settlement obligor ” means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.

(p) “ Structured settlement payment rights ” means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

(i) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state;

(ii) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or

(iii) The structured settlement agreement is expressly governed by the laws of this state.

(q) “ Terms of the structured settlement ” includes, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved such structured settlement.

(r) “ Transfer ” means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; provided that the term “ transfer ” does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights.

(s) “ Transfer agreement ” means the agreement providing for a transfer of structured settlement payment rights.

(t) “ Transfer expenses ” means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney's fees, escrow fees, lien recordation fees, judgment and lien search fees, finder's fees, commissions, and other payments to a broker or other intermediary; “transfer expenses” do not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer.

(u) “ Transferee ” means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
Miss. Code Ann. § 11-19-25 — MS Code / Title 11 / Chapter 5 / Section 19-25
Miss. Code Ann. § 11-19-25
Status: in_force

“The State of Mississippi

In the circuit court

___term,

County of __________

A.D. ___

“A B, plaintiff, claims the right to possession of a tract of land, situated in __________ County, containing __________ acres, more or less, and being more particularly described as follows: (here insert legal description of premises); and that the defendant wrongfully deprives him of the possession thereof, for which damage in the amount of __________ Dollars are here demanded.

If mesne profits be demanded, add to the above form the following:

“And the plaintiff also demands of the defendant the sum of __________ Dollars for the use and occupation of the said land by the defendant.”
Miss. Code Ann. § 11-43-25 — MS Code / Title 11 / Chapter 11 / Section 43-25
Miss. Code Ann. § 11-43-25
Status: in_force

Whenever the judge or chancellor, on issuing a writ of habeas corpus, shall be satisfied, by affidavit or otherwise, that the person unlawfully depriving another of his liberty has committed a crime in connection with such unlawful act, he may embody in the writ a warrant for the arrest of such person and have him brought up for examination at the hearing of the habeas corpus; and being satisfied, on the trial and examination, of the guilt of such person, the judge or chancellor shall commit him, or order his release on bail, to appear before the proper court to answer the charge.
Miss. Code Ann. § 11-45-1 — MS Code / Title 11 / Chapter 31 / Section 45-1
Miss. Code Ann. § 11-45-1
Status: in_force

Any person having a claim against the State of Mississippi, after demand made of the auditor of public accounts therefor, and his refusal to issue a warrant on the treasurer in payment of such claim, may, where it is not otherwise provided, bring suit therefor against the state, in the court having jurisdiction of the subject matter which holds its sessions at the seat of government; and, if there be no such court at the seat of government, such suit may be instituted in such court in the county in which the seat of government may be.
Miss. Code Ann. § 11-33-39 — MS Code / Title 11 / Chapter 27 / Section 33-39
Miss. Code Ann. § 11-33-39
Status: in_force

Such publication of notice shall not be necessary if it shall be served on the nonresident defendant, and proof of such service be made as provided for in case of nonresident defendants in chancery; but such proof of service of notice shall be as effectual as if such defendant had been served with a summons.
Miss. Code Ann. § 11-39-7 — MS Code / Title 11 / Chapter 5 / Section 39-7
Miss. Code Ann. § 11-39-7
Status: in_force

For convenience and certainty, the complaint, if against a corporation, shall set out briefly the causes of forfeiture. It may be in the form following, to-wit:

“State of Mississippi,

Circuit Court, __________ term,

County of ____________.

A.D. ____,

“The State of Mississippi, by A B, district attorney for the __________ judicial district of the state, of his own accord (or on the relation of C D, as the case may be) gives the court here to understand and be informed that the corporation of __________ has forfeited all right to exercise any of the franchises and privileges granted it in this, to-wit (set out the causes of forfeiture).

“Wherefore, the State of Mississippi, by said district attorney, prays judgment of forfeiture and ouster against said corporation.”

And in all other cases the complaint shall be in form substantially the same as near as may be, conforming to the state of case.
Miss. Code Ann. § 11-27-13 — MS Code / Title 11 / Chapter 7 / Section 27-13
Miss. Code Ann. § 11-27-13
Status: in_force

Each different property, identified by separate ownership, shall constitute a separate civil action and shall require a separate trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury which shall be examined and impaneled in accordance with the Mississippi Rules of Civil Procedure. Alternatively, trial may be to the court, as provided by the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-69-1 — MS Code / Title 11 / Chapter 44 / Section 69-1
Miss. Code Ann. § 11-69-1
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, there shall be no civil liability imposed on and no cause of action shall arise against a person or entity for furnishing information concerning suspected or completed insurance fraud to any law enforcement, investigatory, prosecutorial or regulatory agent or agency, insurer, or statutory residual market plan. This shall not abrogate or modify common law or statutory privileges or immunities enjoyed by a person or entity. The prohibition of civil liability applies only to the act of reporting and does not limit civil liability against a person or entity for committing fraud or other tortious conduct.

(2) Subsection (1) of this section shall not apply to claims against persons where false statements were made in bad faith by persons furnishing information concerning suspected or completed insurance fraud. Any civil action brought against a person for filing a report or furnishing other information concerning insurance fraud shall be dismissed unless the party bringing the action has pleaded specifically that subsection (1) of this section does not apply because the person filing the report or furnishing the information did so in bad faith, and has pleaded specifically facts that support a claim of bad faith.
Miss. Code Ann. § 11-51-85 — MS Code / Title 11 / Chapter 33 / Section 51-85
Miss. Code Ann. § 11-51-85
Status: in_force

Either party may appeal to the circuit court of the county from the judgment of any justice court judge if appeal be demanded and bond given within (10) days after the rendition of the judgment. The party taking the appeal shall give bond with a sufficient surety, to be approved by the clerk of the justice court payable to the opposite party, in the penalty of double the amount of the judgment, or double the value of the property involved, and all costs accrued and likely to accrue in the case, and in no case to be less than One Hundred Dollars ($100.00), conditioned for the payment of such judgment as the circuit court may render against him; and the appeal, when demanded and bond given, shall operate as a supersedeas of execution on such judgment. Any defendant against whom a civil judgment may have been entered by a justice court judge who, by reason of his poverty, is not able to give bond may nevertheless appeal from such judgment on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment. The clerk of the justice court shall at once make up a transcript of the record and properly transmit the same to the clerk of the circuit court, within fifteen (15) days after the bond has been filed. In counties where there is a county court, appeals from justice courts shall be to the county court.
Miss. Code Ann. § 11-62-3 — MS Code / Title 11 / Chapter 29 / Section 62-3
Miss. Code Ann. § 11-62-3
Status: reserved

The sincerely held religious beliefs or moral convictions protected by this chapter are the belief or conviction that:

(a) Marriage is or should be recognized as the union of one man and one woman;

(b) Sexual relations are properly reserved to such a marriage; and

(c) Male (man) or female (woman) refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at time of birth.
Miss. Code Ann. § 11-53-7 — MS Code / Title 11 / Chapter 47 / Section 53-7
Miss. Code Ann. § 11-53-7
Status: in_force

The foregoing provisions as to securing or paying costs before suit brought, and requiring security for costs after suit commenced, and as to rendering judgment against the plaintiff and surety, shall apply to justices of the peace, and the courts held by them as such, or in proceedings in unlawful entry and detainer, or in any other proceeding; but in those courts the security, when required after the commencement of a suit, shall be given within ten days after the order of the court made for that purpose.
Miss. Code Ann. § 11-59-1 — MS Code / Title 11 / Chapter 9 / Section 59-1
Miss. Code Ann. § 11-59-1
Status: in_force

This chapter may be cited as the Uniform Interstate Depositions and Discovery Act.
Miss. Code Ann. § 11-21-37 — MS Code / Title 11 / Chapter 13 / Section 21-37
Miss. Code Ann. § 11-21-37
Status: in_force

Judgments making partition shall be recorded in the record book of conveyances of the county or district in which any of the lands are situated, within three (3) months after the partition is confirmed; and a partition, the judgment making which is not so deposited with the clerk for record, shall not be valid as against purchasers without notice, or against creditors.
Miss. Code Ann. § 11-71-13 — MS Code / Title 11 / Chapter 47 / Section 71-13
Miss. Code Ann. § 11-71-13
Status: in_force

Except as otherwise provided in Section 11-46-11 , a person must bring suit for any alleged injury arising from COVID-19 not later than two (2) years after the day the cause of action accrues.
Miss. Code Ann. § 11-29-13 — MS Code / Title 11 / Chapter 27 / Section 29-13
Miss. Code Ann. § 11-29-13
Status: in_force

If neither of the parties litigant shall give such bond as allowed within ten days after the seizure, the officer having possession of the property shall sell the same, in the mode prescribed by law for selling property levied upon under writs of fieri facias, if the property be liable to waste or decay, or if subject to extraordinary expense in preserving the same, and hold the proceeds subject to the future orders of the court. If the property be not liable to waste or decay, or be not expensive to keep, it shall be held by such officer, unless the court or the chancellor shall order it to be sold, as may be done when it is thought best to do so. If such property shall be sold, either by the officer seizing it, in the state of case provided for when he may sell it, or by order of the court or chancellor, the proceeds of such sale shall be subject to the orders of the court or chancellor, as to their safe keeping or investment, during the litigation. If the property seized be liable to immediate waste or decay, it shall be sold immediately. If the defendant do not give bond to retain the property within five days from its seizure, and the complainant do not do so within five days after defendant's failure, either party may, before sale of the property, give the required bond and receive the property, or after sale may give such bond and receive the proceeds.
Miss. Code Ann. § 11-51-43 — MS Code / Title 11 / Chapter 44 / Section 51-43
Miss. Code Ann. § 11-51-43
Status: in_force

In any case of an appeal to the Supreme Court, where no special provision is made by law for a supersedeas of the judgment or decree appealed from, or for the bond to be given in such case, a supersedeas may be allowed by the court rendering the judgment or decree appealed from or by the judge thereof, or by the supreme court or any of the judges of said court, upon such bond, with such sureties as said court or judge may direct in the order for a supersedeas.
Miss. Code Ann. § 11-37-101 — MS Code / Title 11 / Chapter 33 / Section 37-101
Miss. Code Ann. § 11-37-101
Status: in_force

If any person, his agent or attorney, shall file a complaint under oath setting forth:

(a) A description of any personal property;

(b) The value thereof, giving the value of each separate article and the value of the total of all articles;

(c) The plaintiff is entitled to the immediate possession thereof, setting forth all facts and circumstances upon which the plaintiff relies for his claim, and exhibiting all contracts and documents evidencing his claim;

(d) That the property is in the possession of the defendant; and

(e) That the defendant wrongfully took and detains or wrongfully detains the same; and shall present such pleadings to a justice of the Supreme Court, a judge of the circuit court, a chancellor, a county judge, a justice court judge or other duly elected judge, such justice or judge may issue an order directing the clerk of such court to issue a writ of replevin for the seizure of the property described in said complaint, upon the plaintiff posting a good and valid replevin bond in favor of the defendant, for double the value of the property as alleged in the complaint, conditioned to pay any damages which may arise from the wrongful seizure of said property by the plaintiff. The said writ shall be directed to the sheriff or other lawful officer, returnable as a summons before the proper circuit or county court where the value of the property, as alleged in the complaint, exceeds the jurisdictional amount of the justice court, or to the circuit or county court or the proper justice court if the value shall not exceed such amount. The complaint along with the order of the court, the writ of replevin with the officer's return thereon, and the bond of the plaintiff shall be filed in the proper court at once. Writs of replevin may be made returnable to the proper court of another county where the property may be found.
Miss. Code Ann. § 11-75-1 — MS Code / Title 11 / Chapter 69 / Section 75-1
Miss. Code Ann. § 11-75-1
Status: in_force

(1) This section shall be known and may be cited as the “Mississippi Architects and Engineers Good Samaritan Act.”

(2) As used in this section, the following words shall have the meanings described in this section:

(a) “ Building inspection official ” means any appointed or elected federal, state, or local official with executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred;

(b) “ Emergency ” means an earthquake, eruption, flood, storm, hurricane, fire or other catastrophe that has been designated as a major disaster or emergency by the President of the United States, the Governor, or other public official, and shall include the terms “state of emergency” and “local emergency” as defined in Section 33-15-5 ;

(c) “ Good Samaritan ” means a professional engineer or a registered architect who performs safety assessment services only, and who provides such services uncompensated (other than reimbursement of expenses) at the scene of an emergency;

(d) “ Law enforcement official ” means any appointed or elected federal, state, or local official with executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred;

(e) “ Professional engineer ” means a person duly licensed under the engineering licensure laws of a United States or Canadian jurisdiction as a professional engineer;

(f) “ Public official ” means any federal, state, or local official with executive responsibility in the jurisdiction in which the emergency or event has occurred;

(g) “ Public safety official ” means any appointed or elected federal, state, or local official with executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred;

(h) “ Registered architect ” means a person duly licensed under the architectural licensure laws of a United States or Canadian jurisdiction as a registered architect; and

(i) “ Safety assessment services ” means inspection and evaluation of any structure, building, facility, project utility, equipment, machine, process, piping, or other system at the scene of an emergency related to structural integrity or nonstructural elements affecting life, safety and habitability.

(3)(a) Any registered architect or professional engineer who provides safety assessment services as a Good Samaritan at the request of or with the approval of a public official, law enforcement official, public safety official, or building inspection official acting in his or her official capacity as such shall be immune from liability from any civil action arising only from an act, service or omission performed in the course of providing safety assessment services as a Good Samaritan. The immunity provided in this section shall apply only to safety assessment services if such services: (i) occurred during the emergency or within ninety (90) days following the end of the period for the emergency, unless extended by an executive order; and (ii) if the architect or engineer was acting as a reasonably prudent person would have acted under the same or similar circumstances during a period of declared emergency, to include any other loss of any other nature related to the registered architect's or professional engineer's acts, errors or omissions in the performance of any architectural or engineering services for any structure, building or facility during the declared period of emergency.

(b) Architectural or engineering services beyond safety assessment services including, but not limited to, design of repairs, demolition plans, construction documents, or construction administration shall only be undertaken by an architect or professional engineer licensed in Mississippi.

(c) Nothing in this section shall be construed to provide immunity for wanton, willful, or intentional misconduct.

(4) Any architect or professional engineer not licensed in this state acting within the confines of this section as a Good Samaritan in order to perform safety assessment services shall be exempted from being required to be licensed as an architect or professional engineer in the State of Mississippi, but only to the extent of the services rendered for the period of time as provided for in subsection (4) of this section.
Miss. Code Ann. § 11-57-9 — MS Code / Title 11 / Chapter 43 / Section 57-9
Miss. Code Ann. § 11-57-9
Status: in_force

Following a transfer of structured settlement payment rights under this chapter:

(a) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;

(b) The transferee shall be liable to the structured settlement obligor and the annuity issuer:

(i) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and

(ii) For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;

(c) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees; and

(d) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
Miss. Code Ann. § 11-47-15 — MS Code / Title 11 / Chapter 11 / Section 47-15
Miss. Code Ann. § 11-47-15
Status: in_force

The lis pendens docket shall be ruled, and have printed at the top of the pages, or opposite page, the following headings for the columns, and the entries shall correspond with them, viz.: Names of plaintiffs; names of defendants; kind of suit or writ; when suit instituted or writ levied; in, or from what court; nature of the suit or writ; description of the land involved or levied on; date of filing and recording lis pendens notice; result of the suit or levy; and remarks.
Miss. Code Ann. § 11-75-1 — MS Code / Title 11 / Chapter 75 / Section 75-1
Miss. Code Ann. § 11-75-1
Status: in_force

(1) This section shall be known and may be cited as the “Mississippi Architects and Engineers Good Samaritan Act.”

(2) As used in this section, the following words shall have the meanings described in this section:

(a) “ Building inspection official ” means any appointed or elected federal, state, or local official with executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred;

(b) “ Emergency ” means an earthquake, eruption, flood, storm, hurricane, fire or other catastrophe that has been designated as a major disaster or emergency by the President of the United States, the Governor, or other public official, and shall include the terms “state of emergency” and “local emergency” as defined in Section 33-15-5 ;

(c) “ Good Samaritan ” means a professional engineer or a registered architect who performs safety assessment services only, and who provides such services uncompensated (other than reimbursement of expenses) at the scene of an emergency;

(d) “ Law enforcement official ” means any appointed or elected federal, state, or local official with executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred;

(e) “ Professional engineer ” means a person duly licensed under the engineering licensure laws of a United States or Canadian jurisdiction as a professional engineer;

(f) “ Public official ” means any federal, state, or local official with executive responsibility in the jurisdiction in which the emergency or event has occurred;

(g) “ Public safety official ” means any appointed or elected federal, state, or local official with executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred;

(h) “ Registered architect ” means a person duly licensed under the architectural licensure laws of a United States or Canadian jurisdiction as a registered architect; and

(i) “ Safety assessment services ” means inspection and evaluation of any structure, building, facility, project utility, equipment, machine, process, piping, or other system at the scene of an emergency related to structural integrity or nonstructural elements affecting life, safety and habitability.

(3)(a) Any registered architect or professional engineer who provides safety assessment services as a Good Samaritan at the request of or with the approval of a public official, law enforcement official, public safety official, or building inspection official acting in his or her official capacity as such shall be immune from liability from any civil action arising only from an act, service or omission performed in the course of providing safety assessment services as a Good Samaritan. The immunity provided in this section shall apply only to safety assessment services if such services: (i) occurred during the emergency or within ninety (90) days following the end of the period for the emergency, unless extended by an executive order; and (ii) if the architect or engineer was acting as a reasonably prudent person would have acted under the same or similar circumstances during a period of declared emergency, to include any other loss of any other nature related to the registered architect's or professional engineer's acts, errors or omissions in the performance of any architectural or engineering services for any structure, building or facility during the declared period of emergency.

(b) Architectural or engineering services beyond safety assessment services including, but not limited to, design of repairs, demolition plans, construction documents, or construction administration shall only be undertaken by an architect or professional engineer licensed in Mississippi.

(c) Nothing in this section shall be construed to provide immunity for wanton, willful, or intentional misconduct.

(4) Any architect or professional engineer not licensed in this state acting within the confines of this section as a Good Samaritan in order to perform safety assessment services shall be exempted from being required to be licensed as an architect or professional engineer in the State of Mississippi, but only to the extent of the services rendered for the period of time as provided for in subsection (4) of this section.
Miss. Code Ann. § 11-37-151 — MS Code / Title 11 / Chapter 1 / Section 37-151
Miss. Code Ann. § 11-37-151
Status: in_force

After the trial of the action of replevin, an issue shall be made between the successful party and the claimant as to the validity of his claim, and a trial shall be had to determine the right of possession as between them and judgment entered accordingly.
Miss. Code Ann. § 11-37-119 — MS Code / Title 11 / Chapter 19 / Section 37-119
Miss. Code Ann. § 11-37-119
Status: in_force

If the defendant in a replevin suit shall at any time deem any bond taken to be insufficient, such defendant may, upon filing a motion in the court where the suit is pending, obtain a hearing to determine the sufficiency of such bond. The court shall, after hearing the evidence upon such motion determine the sufficiency or insufficiency of the bond. If the bond given by the plaintiff be adjudged insufficient, the plaintiff shall be required to give a new and sufficient bond, or restore the property to the defendant within the time limited by the court; and, in default thereof, the defendant shall be entitled to proceed and enter judgment as in case the plaintiff had nonsuited or otherwise made default.
Miss. Code Ann. § 11-37-145 — MS Code / Title 11 / Chapter 5 / Section 37-145
Miss. Code Ann. § 11-37-145
Status: in_force

All replevin actions shall be treated by the court as preference cases and shall be heard on the merits at the earliest possible date, with the view of reaching an early determination as to the rights of the parties to the property in question.
Miss. Code Ann. § 11-35-31 — MS Code / Title 11 / Chapter 7 / Section 35-31
Miss. Code Ann. § 11-35-31
Status: in_force

If a garnishee, personally summoned, shall fail to answer as required by law, or if a scire facias on a judgment nisi be executed on him, and he fail to show cause for vacating it, the court shall enter a judgment against him for the amount of plaintiff's demand; and execution shall issue thereon, provided, however, that the garnishee may suspend the execution by filing a sworn declaration in said court showing the property and effects in his possession belonging to the debtor, and his indebtedness to the debtor, if any, or showing that there be none, if that be true; and by such act and upon a hearing thereon, the garnishee shall limit his liability to the extent of such property and effects in his hands, and such indebtedness due by him to the debtor, plus court costs and reasonable attorney's fees of the judgment creditor in said garnishment action.
Miss. Code Ann. § 11-53-53 — MS Code / Title 11 / Chapter 47 / Section 53-53
Miss. Code Ann. § 11-53-53
Status: in_force

In all cases of certiorari upon the judgment of any inferior court or tribunal, and the cases of appeal from the judgment of a board or supervisors, of a court of unlawful entry and detainer, of any municipal board or court, the successful party shall be entitled to recover full costs; but the circuit court may, when the circumstances of the case justify it, tax the costs to meet the ends of justice.
Miss. Code Ann. § 11-43-47 — MS Code / Title 11 / Chapter 27 / Section 43-47
Miss. Code Ann. § 11-43-47
Status: in_force

When the application for a writ of habeas corpus is in the nature of a civil action between parties, the law providing for security for costs shall be applicable; and in such cases persons who may produce the body of another, or render other services, may be allowed the same fees as allowed by law to officers for the same services, the costs to be taxed and collected as in other cases.
Miss. Code Ann. § 11-25-117 — MS Code / Title 11 / Chapter 5 / Section 25-117
Miss. Code Ann. § 11-25-117
Status: in_force

If the finding be in favor of the defendant, the court shall render judgment against the plaintiff that his complaint be dismissed, and that the defendant recover of him full costs.
Miss. Code Ann. § 11-33-47 — MS Code / Title 11 / Chapter 5 / Section 33-47
Miss. Code Ann. § 11-33-47
Status: in_force

The defendant's replevin bond may be in the following form, viz.:

“We, __________, principal, and __________ and __________ sureties, bind ourselves to pay __________ dollars, unless the said __________ shall have forthcoming to abide the judgment of the circuit court of __________ County, in the suit by attachment therein pending in which said __________ is plaintiff and said __________ is defendant, returnable on the ___ day of __________, __________ a certain __________ levied on by the sheriff of said county by virtue of said attachment, and valued by him at __________, and now restored to said __________; or in default thereof shall satisfy such judgment to the extent of the value of said property, to replevy which this bond is given.

Witness our hands, this the __________ of __________.
Miss. Code Ann. § 11-27-81 — MS Code / Title 11 / Chapter 23 / Section 27-81
Miss. Code Ann. § 11-27-81
Status: in_force

The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972 , may be exercised only:

(a) By the State Highway Commission for the acquisition of highway rights-of-way only;

(b) By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;

(c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;

(d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;

(e) By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq. , for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business. A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible. A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013. Provisions of this paragraph (e) shall not apply to House District 109;

(f) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;

(g) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv) 1 or any facility related to the project as provided in Section 57-75-11(e)(ii) ;

(h) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92 ;

(i) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv) . The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (i) after July 1, 2003;

(j) By a regional economic development alliance created under Section 57-64-1 et seq. , for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi) . An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012;

(k) By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii) . A county may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012; or

( l ) By any public agency, as defined in Section 57-75-37(7)(a)(ii) , for the purpose of acquiring land, property or interests therein, including, but not limited to, easements or rights-of-way for public highways and roads, and for public water utilities, public wastewater and wastewater treatment utilities, public drainage utilities and other public utility purposes in connection with a project defined in Section 57-75-5(f) (xxxiii).
Miss. Code Ann. § 11-9-121 — MS Code / Title 11 / Chapter 3 / Section 9-121
Miss. Code Ann. § 11-9-121
Status: in_force

An attachment for a witness may be in the following form, viz.:

“The State of Mississippi.

“To any lawful officer of __________ County:

“We command you to take the body of __________, and have him before the undersigned justice of the peace of __________ County, at __________, on the ___ day of __________, A.D.__________ at __________ o'clock __________, to testify for the __________ in the case of __________ against __________, No. __________. (But if the said __________ shall furnish bail, with sureties, to be approved by you, in the sum of one hundred dollars, for his appearance at said time and place, you will discharge him.) And have there then this writ.

“Witness my hand, the ___ day of __________, A.D. __________”

The part in brackets should be omitted, if it be not intended that the witness shall be discharged on bail, but shall be brought before the court by the officer. An attachment and scire facias for a defaulting witness may be combined in one writ, and when the witness is before the justice of the peace in pursuance of such process, the judgment nisi shall be made final, if good cause to the contrary be not shown.
Miss. Code Ann. § 11-25-27 — MS Code / Title 11 / Chapter 15 / Section 25-27
Miss. Code Ann. § 11-25-27
Status: in_force

If the finding be in favor of the defendant, the justices shall render judgment against the plaintiff that his complaint be dismissed, and the defendant recover of him full costs. The judgment of the justices, either in favor of the plaintiff or the defendant, shall be executed in the same manner as the judgment of any other court of record.
Miss. Code Ann. § 11-59-9 — MS Code / Title 11 / Chapter 47 / Section 59-9
Miss. Code Ann. § 11-59-9
Status: in_force

Rule 45 of the Mississippi Rules of Civil Procedure and Rule 2.01 of the Uniform Rules of Circuit and County Court Practice apply to subpoenas issued under Section 11-59-5 .
Miss. Code Ann. § 11-15-139 — MS Code / Title 11 / Chapter 5 / Section 15-139
Miss. Code Ann. § 11-15-139
Status: in_force

(1) On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:

(a) The agreement or provision for arbitration and each written extension of the time within which to make the award;

(b) The award;

(c) A copy of the order confirming, modifying or correcting the award; and

(d) A copy of the judgment or decree.

(2) The judgment or decree shall be docketed as if rendered in a civil action.
Miss. Code Ann. § 11-45-13 — MS Code / Title 11 / Chapter 9 / Section 45-13
Miss. Code Ann. § 11-45-13
Status: in_force

All suits which have by acts of the Legislature been heretofore abated shall continue so abated. All rights of action and causes of action which the state, or any officer for the use of the state may have had, where by act of the Legislature such right has been abrogated and the authority and right to bring suit thereon denied, such right shall continue so abrogated and such right and authority to bring suit thereon and therefor shall continue to be denied.
Miss. Code Ann. § 11-44-11 — MS Code / Title 11 / Chapter 7 / Section 44-11
Miss. Code Ann. § 11-44-11
Status: in_force

Any party aggrieved by a decision as to a claim brought under this chapter is entitled to appeal the decision as in other civil cases.
Miss. Code Ann. § 11-43-13 — MS Code / Title 11 / Chapter 9 / Section 43-13
Miss. Code Ann. § 11-43-13
Status: in_force

Where the application is by or on behalf of one detained on a criminal charge, the judge or chancellor, on granting the writ, may, in his discretion, require a bail bond by or on behalf of the person detained, conditioned that he shall not escape by the way. The judge or chancellor may fix the amount of such bail, and direct who shall approve the bond; but such bail bond shall not operate to discharge the relator from custody. Such bond shall be deposited by the judge or chancellor in the clerk's office of the court in which the case is triable. If the condition of the bond be broken, the proceedings thereon shall be as in case of other forfeited bonds or recognizances.
Miss. Code Ann. § 11-33-99 — MS Code / Title 11 / Chapter 7 / Section 33-99
Miss. Code Ann. § 11-33-99
Status: in_force

If the plaintiff, within ten days after the expiration of the term of the court at which judgment is rendered discharging his attachment, shall perfect an appeal from such judgment, the attachment shall not be discharged, nor garnishees nor property released therefrom, by such judgment; but such appeal shall preserve the attachment in full force, to await the result of the appeal.
Miss. Code Ann. § 11-53-5 — MS Code / Title 11 / Chapter 3 / Section 53-5
Miss. Code Ann. § 11-53-5
Status: in_force

Security for costs may be given by recognizance entered into in open court, or by written undertaking indorsed on or filed with the papers in the cause, or by a deposit with the clerk of the court of the amount in cash or a certified check on any solvent bank in this state. The judgment, when rendered against the plaintiff or complainant, shall be rendered against the surety as well as against the plaintiff or complainant; and execution may be issued as in other cases for all costs for which the plaintiff or complainant may be liable in the cause. Additional security may be required by the court or the justice of the peace, if it appear that the security already taken is insufficient.
Miss. Code Ann. § 11-37-153 — MS Code / Title 11 / Chapter 11 / Section 37-153
Miss. Code Ann. § 11-37-153
Status: in_force

All the provisions of law in reference to the death of either party, and the revival of the cause in personal actions, and the death of any of the obligors in a bond given in a replevin action, and the proceedings thereon before and after judgment, shall apply in like case to the action of replevin, and to a claim of property in such action.
Miss. Code Ann. § 11-53-65 — MS Code / Title 11 / Chapter 35 / Section 53-65
Miss. Code Ann. § 11-53-65
Status: in_force

When a cause shall be determined, the clerk of the court, and the justice of the peace in cases had before him, shall tax the costs of the case and make out a bill thereof, specifying therein each section of the law, and each paragraph or subdivision of section, if any, by virtue of which each fee or item of costs therein is charged or taxed, and he shall file the same with the papers in the cause.
Miss. Code Ann. § 11-46-7 — MS Code / Title 11 / Chapter 21 / Section 46-7
Miss. Code Ann. § 11-46-7
Status: in_force

(1) The remedy provided by this chapter against a governmental entity or its employee is exclusive of any other civil action or civil proceeding by reason of the same subject matter against the governmental entity or its employee or the estate of the employee for the act or omission which gave rise to the claim or suit; and any claim made or suit filed against a governmental entity or its employee to recover damages for any injury for which immunity has been waived under this chapter shall be brought only under the provisions of this chapter, notwithstanding the provisions of any other law to the contrary.

(2) An employee may be joined in an action against a governmental entity in a representative capacity if the act or omission complained of is one for which the governmental entity may be liable, but no employee shall be held personally liable for acts or omissions occurring within the course and scope of the employee's duties. For the purposes of this chapter an employee shall not be considered as acting within the course and scope of his employment and a governmental entity shall not be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted fraud, malice, libel, slander, defamation or any criminal offense.

(3) From and after July 1, 1993, as to the state, from and after October 1, 1993, as to political subdivisions, and subject to the provisions of this chapter, every governmental entity shall be responsible for providing a defense to its employees and for the payment of any judgment in any civil action or the settlement of any claim against an employee for money damages arising out of any act or omission within the course and scope of his employment; provided, however, that to the extent that a governmental entity has in effect a valid and current certificate of coverage issued by the board as provided in Section 11-46-17 , or in the case of a political subdivision, such political subdivision has a plan or policy of insurance and/or reserves which the board has approved as providing satisfactory security for the defense and protection of the political subdivision against all claims and suits for injury for which immunity has been waived under this chapter, the governmental entity's duty to indemnify and/or defend such claim on behalf of its employee shall be secondary to the obligation of any such insurer or indemnitor, whose obligation shall be primary. The provisions of this subsection shall not be construed to alter or relieve any such indemnitor or insurer of any legal obligation to such employee or to any governmental entity vicariously liable on account of or legally responsible for damages due to the allegedly wrongful error, omissions, conduct, act or deed of such employee.

(4) The responsibility of a governmental entity to provide a defense for its employee shall apply whether the claim is brought in a court of this or any other state or in a court of the United States.

(5) A governmental entity shall not be entitled to contribution or indemnification, or reimbursement for legal fees and expenses from its employee unless a court shall find that the act or omission of the employee was outside the course and scope of his employment. Any action by a governmental entity against its employee and any action by an employee against the governmental entity for contribution, indemnification, or necessary legal fees and expenses shall be tried to the court in the same suit brought on the claim against the governmental entity or its employee.

(6) The duty to defend and to pay any judgment as provided in subsection (3) of this section shall continue after employment with the governmental entity has been terminated, if the occurrence for which liability is alleged happened within the course and scope of duty while the employee was in the employ of the governmental entity.

(7) For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment.

(8) Nothing in this chapter shall enlarge or otherwise adversely affect the personal liability of an employee of a governmental entity. Any immunity or other bar to a civil suit under Mississippi or federal law shall remain in effect. The fact that a governmental entity may relieve an employee from all necessary legal fees and expenses and any judgment arising from the civil lawsuit shall not under any circumstances be communicated to the trier of fact in the civil lawsuit.
Miss. Code Ann. § 11-51-77 — MS Code / Title 11 / Chapter 1 / Section 51-77
Miss. Code Ann. § 11-51-77
Status: in_force

(1) Any person aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town or village, as to the assessment of taxes, may, within ten (10) days after the adjournment of the meeting at which such decision is made, appeal to the circuit court of the county, upon giving bond, with sufficient sureties, in double the amount of the matter in dispute, but never less than One Hundred Dollars ($100.00), payable to the state, and conditioned to perform the judgment of the circuit court, and to be approved by the clerk of such board, who, upon the filing of such bond, shall make a true copy of any papers on file relating to such controversy, and file such copy certified by him, with said bond, in the office of the clerk of the circuit court, on or before its next term. The controversy shall be tried anew in the circuit court at the first term, and be a preference case, and, if the matter be decided against the person who appealed, judgment shall be rendered on the appeal bond for damages at the rate of ten percent (10%) on the amount in controversy and all costs. If the matter be decided in favor of the person who appealed, judgment in his favor shall be certified to the board of supervisors, or the municipal authorities, as the case may be, which shall conform thereto, and shall pay the costs.

(2) A political subdivision may appeal an assessment of taxes as provided in this subsection (2). Only the county attorney, the district attorney, the Attorney General, or the political subdivision acting through its attorney, if the state, county, municipality or political subdivision be aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town, or village as to the assessment of taxes, may, within twenty (20) days after the adjournment of the meeting at which such decision is made, or within twenty (20) days after the adjournment of the meeting at which the assessment rolls are corrected in accordance with the instructions of the Department of Revenue, or within twenty (20) days after the adjournment of the meeting of the board of supervisors at which the approval of the roll by the Department of Revenue is entered, appeal to the circuit court of the county in like manner as in the case of any person aggrieved as provided in subsection (1) of this section, except no bond shall be required, and such appeal may be otherwise governed by the provisions of this section.
Miss. Code Ann. § 11-44-15 — MS Code / Title 11 / Chapter 33 / Section 44-15
Miss. Code Ann. § 11-44-15
Status: in_force

Any claimant who receives compensation under this chapter shall sign a release from all claims against the state regarding the incarceration for which the claimant receives compensation.
Miss. Code Ann. § 11-53-53 — MS Code / Title 11 / Chapter 13 / Section 53-53
Miss. Code Ann. § 11-53-53
Status: in_force

In all cases of certiorari upon the judgment of any inferior court or tribunal, and the cases of appeal from the judgment of a board or supervisors, of a court of unlawful entry and detainer, of any municipal board or court, the successful party shall be entitled to recover full costs; but the circuit court may, when the circumstances of the case justify it, tax the costs to meet the ends of justice.
Miss. Code Ann. § 11-43-41 — MS Code / Title 11 / Chapter 13 / Section 43-41
Miss. Code Ann. § 11-43-41
Status: in_force

The proceedings and judgment shall in all cases be entered of record. If the trial be in vacation, the proceedings shall be written out and signed by the judge or chancellor and deposited with the clerk of the circuit court of the county in which the habeas corpus is tried, unless the judge shall direct it to be deposited with such clerk of some other county. If either party require it, the evidence shall be made a part of the record by bill of exceptions, as in other cases.
Miss. Code Ann. § 11-43-49 — MS Code / Title 11 / Chapter 9 / Section 43-49
Miss. Code Ann. § 11-43-49
Status: in_force

If a witness shall not obey the subpoena served on him in case of habeas corpus, the judge or chancellor may not only issue, or cause the clerk to issue, an attachment for the witness, but shall indorse on the subpoena the default of the witness and a fine therefor, and file it with the other papers in the clerk's office of the proper circuit court. Scire facias shall issue for the witness, returnable before the court, and proceedings shall be had as provided in case of a defaulting witness in the circuit court.
Miss. Code Ann. § 11-53-75 — MS Code / Title 11 / Chapter 49 / Section 53-75
Miss. Code Ann. § 11-53-75
Status: in_force

On all executions in which any costs are included, there shall be entered thereon or annexed a copy of the bill of costs, specifying the particular items thereof, in intelligible words and figures, and each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each item therein is charged; and all such executions issuing without the copy of such bill of costs shall be illegal, and the sheriff or other officer shall not execute the same. The sheriff or other officer receiving the same shall add thereto, in like manner, his fees, including all additional fees and costs, and shall make out a fair copy of the same and deliver it, on demand, to the person from whom he receives the money or out of whose property he makes the same.
Miss. Code Ann. § 11-31-9 — MS Code / Title 11 / Chapter 13 / Section 31-9
Miss. Code Ann. § 11-31-9
Status: in_force

The nonresident, absent or absconding debtor shall be made a party to such suit by publication of summons as in other cases, and may appear and plead, demur or answer to the bill without giving security. If such debtor fails to appear, the court shall have power to make any necessary orders to restrain the defendants within this state from paying, conveying away or secreting the debts by them owing, or the effects in their hands belonging to, the nonresident, absent or absconding defendant, and may order such debts to be paid or such effects to be delivered to the complainant on his giving security for the return thereof in such manner as the court may direct.
Miss. Code Ann. § 11-21-1 — MS Code / Title 11 / Chapter 17 / Section 21-1
Miss. Code Ann. § 11-21-1
Status: in_force

(1) Partition of land held by adult joint tenants, tenants in common, and coparceners, may be made by agreement, which shall be evidenced by a writing, signed by the parties, and containing a description of the particular part allotted to each, and recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be binding and conclusive on the parties. They may also bind themselves by written agreement to submit the partition to the arbitrament of one or more persons to be chosen by them, and to abide the partition made by the arbitrators and the articles of submission; and the written award shall be recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be final and conclusive between the parties, unless made or procured by fraud.

(2) Homestead property exempted from execution that is owned by spouses shall be subject to partition pursuant to the provisions of this section only, and not otherwise.
Miss. Code Ann. § 11-33-31 — MS Code / Title 11 / Chapter 7 / Section 33-31
Miss. Code Ann. § 11-33-31
Status: in_force

The officer serving an attachment shall make a full return thereon of all his proceedings, on or before the return day of the writ. He shall deliver to the court or clerk all bonds which he may have taken pursuant to law.
Miss. Code Ann. § 11-35-29 — MS Code / Title 11 / Chapter 11 / Section 35-29
Miss. Code Ann. § 11-35-29
Status: in_force

If the garnishee admits indebtedness to or the possession of effects of the defendant, and he have not paid or delivered the same to the sheriff, judgment may be rendered against him in favor of the plaintiff for the amount of the debt admitted, or for the property, or the value thereof (to be assessed if necessary), admitted to be in his possession; but the judgment shall not be for a greater sum than the plaintiff's demand.
Miss. Code Ann. § 11-21-43 — MS Code / Title 11 / Chapter 17 / Section 21-43
Miss. Code Ann. § 11-21-43
Status: in_force

If any person who has received a share of land partitioned, shall be evicted therefrom, or from any portion thereof, by a paramount title existing at the time of the partition, and there be a residue of land left not subject to such paramount title, the party so evicted shall be entitled to a new partition of the residue.
Miss. Code Ann. § 11-37-119 — MS Code / Title 11 / Chapter 1 / Section 37-119
Miss. Code Ann. § 11-37-119
Status: in_force

If the defendant in a replevin suit shall at any time deem any bond taken to be insufficient, such defendant may, upon filing a motion in the court where the suit is pending, obtain a hearing to determine the sufficiency of such bond. The court shall, after hearing the evidence upon such motion determine the sufficiency or insufficiency of the bond. If the bond given by the plaintiff be adjudged insufficient, the plaintiff shall be required to give a new and sufficient bond, or restore the property to the defendant within the time limited by the court; and, in default thereof, the defendant shall be entitled to proceed and enter judgment as in case the plaintiff had nonsuited or otherwise made default.
Miss. Code Ann. § 11-21-23 — MS Code / Title 11 / Chapter 7 / Section 21-23
Miss. Code Ann. § 11-21-23
Status: in_force

Instead of making an allotment of shares by ballot, the special commissioners may assign shares to the parties entitled, if so directed by the court or chancellor, or if they find it desirable, and in any case, if an equal partition in kind cannot be made otherwise, or so advantageously, the special commissioners may assess the amount of money to be paid by one or more of the cotenants to another or others, so as to equalize their respective shares.
Miss. Code Ann. § 11-23-27 — MS Code / Title 11 / Chapter 1 / Section 23-27
Miss. Code Ann. § 11-23-27
Status: in_force

A claimant's affidavit may be in the following form, viz.:

State of Mississippi, __________ County:

“Before me, __________, a justice of the peace of said county, __________ makes oath that a certain __________ [here describe the property], levied on by virtue of an execution in favor of __________ against __________, issued by __________, a justice of the peace of said county, on the ___ day of __________, A.D. __________, and now in the hands of __________, a __________ of __________ county, under said execution, is the property of affiant, and is not the property of __________.

“Sworn to and subscribed before me, __________, A.D.____________________, J. P.”
Miss. Code Ann. § 11-53-25 — MS Code / Title 11 / Chapter 51 / Section 53-25
Miss. Code Ann. § 11-53-25
Status: in_force

The clerk of any court shall move the court to dismiss any cause pending therein in which no step has been taken for the two terms preceding; and the court shall, unless good cause be shown to the contrary, dismiss the same at the costs of the plaintiff or complainant.
Miss. Code Ann. § 11-9-113 — MS Code / Title 11 / Chapter 3 / Section 9-113
Miss. Code Ann. § 11-9-113
Status: in_force

The process so delivered to the sheriff or constable shall be returned by him to the clerk of the justice court, according to its command.
Miss. Code Ann. § 11-43-15 — MS Code / Title 11 / Chapter 7 / Section 43-15
Miss. Code Ann. § 11-43-15
Status: in_force

The judge granting the writ may order it to be issued by the Clerk of the Supreme Court, or of any circuit or chancery court, who shall immediately issue it on receiving the order; or, when not convenient to a clerk, the judge himself shall issue the writ. Any judge or chancellor who shall wilfully refuse or neglect to grant, or to issue and try, the writ of habeas corpus, when required by law to do so, shall be guilty of a high misdemeanor in office, and any clerk who shall not, when ordered, immediately issue the writ, and other process, shall be liable, on conviction thereof, to be removed from office; and the judge or clerk shall, in case of such neglect or refusal, be liable, civilly, to the party aggrieved.
Miss. Code Ann. § 11-35-59 — MS Code / Title 11 / Chapter 13 / Section 35-59
Miss. Code Ann. § 11-35-59
Status: in_force

If the garnishee dies, like proceedings may be had as provided for in case of the death of a party to an action.
Miss. Code Ann. § 11-21-9 — MS Code / Title 11 / Chapter 9 / Section 21-9
Miss. Code Ann. § 11-21-9
Status: in_force

If the title of the plaintiffs seeking partition or sale of land for a division shall be controverted, it shall not be necessary for the court to dismiss the complaint, but the question of title shall be tried and determined in the suit and the court shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands whereof partition is sought and to apportion encumbrances, if partition be made of land encumbered and it be deemed proper to do so. The court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrancers.
Miss. Code Ann. § 11-44-13 — MS Code / Title 11 / Chapter 38 / Section 44-13
Miss. Code Ann. § 11-44-13
Status: in_force

If a claimant dies prior to the full payment of any claim awarded under this chapter, the remaining payments shall be made to his or her estate or heirs. If any potential claimant dies prior to the filing of a claim, the claim may be filed by and on behalf of his or her estate or heirs.
Miss. Code Ann. § 11-9-123 — MS Code / Title 11 / Chapter 3 / Section 9-123
Miss. Code Ann. § 11-9-123
Status: in_force

The entry of final judgment in such case may be in the following form, viz.:

“__________ being duly summoned to appear and show cause against the judgment nisi for ten dollars entered against him in favor of __________, as a defaulting witness in the case of __________ v.__________ No. __________ on the ___ day of __________ A.D. __________, and having failed to show cause for such default, the said judgment nisi for ten dollars is now made final, as well as judgment for costs in said matter, this the ___ day of __________ A.D. __________.”
Miss. Code Ann. § 11-67-5 — MS Code / Title 11 / Chapter 3 / Section 67-5
Miss. Code Ann. § 11-67-5
Status: in_force

The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise:

(a) “ Asbestos ” includes, without limitation, chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR 1910 at the time the asbestos action is filed.

(b) “ Asbestos action ” means a claim for damages or other civil or equitable relief presented in a civil action by a plaintiff arising out of, based on, or related to the health effects of exposure to asbestos, including, but not limited to, loss of consortium, wrongful death, mental or emotional injury.

(c) “ Asbestos trust ” means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. 524(g) or 11 U.S.C. 1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.

(d) “ Asbestos trust claim ” includes, but is not limited to, any claim or demand for compensation for asbestos-related injuries from an asbestos trust.

(e) “ Plaintiff ” means the exposed person, deceased or living, and the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual.

(f) “ Trust materials ” means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust and any other information that the plaintiff submits to the asbestos trust, including claims forms and supplementary materials, affidavits, correspondence, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents relating to the settlement of the trust claim.

(g) “ Trust governance documents ” means all documents that relate to eligibility and payment levels, including, but not limited to, claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
Miss. Code Ann. § 11-59-3 — MS Code / Title 11 / Chapter 27 / Section 59-3
Miss. Code Ann. § 11-59-3
Status: in_force

In this chapter:

(1) “ Foreign jurisdiction ” means a state other than this state.

(2) “ Foreign subpoena ” means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) “ State ” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(5) “ Subpoena ” means a document, however denominated, issued under authority of a court of record requiring a person to:

(A) Attend and give testimony at a deposition;

(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

(C) Permit inspection of premises under the control of the person.
Miss. Code Ann. § 11-19-81 — MS Code / Title 11 / Chapter 17 / Section 19-81
Miss. Code Ann. § 11-19-81
Status: in_force

If it appear at the trial that the plaintiff or plaintiffs, or one (1) of them, was, at the commencement of the action, entitled to recover possession of the premises in question, or of some part thereof, but that his or their title has expired at the time of the trial, the plaintiff or plaintiffs so entitled shall, notwithstanding such expiration, have a verdict according to the fact that he had such right of recovery at the commencement of the action, and shall recover his costs of suit; but as to the premises claimed, the judgment shall be that the plaintiff be involuntarily dismissed.
Miss. Code Ann. § 11-15-109 — MS Code / Title 11 / Chapter 13 / Section 15-109
Miss. Code Ann. § 11-15-109
Status: in_force

If an agreement or provision for arbitration provides a method for the appointment of arbitrators this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator who has been appointed fails or is unable to act and his successor has not been duly appointed, the court, on application of a party to such agreement or provision, shall appoint one or more arbitrators. An arbitrator so appointed shall have the same powers as if he had been named or provided for in the agreement or provision.
Miss. Code Ann. § 11-33-29 — MS Code / Title 11 / Chapter 15 / Section 33-29
Miss. Code Ann. § 11-33-29
Status: in_force

Attachments may in all cases be issued and executed on Sunday; and may be executed in any part of the county, by any constable of the county, or by the constable or any police officer of any municipality, in the same manner as the sheriff of the county. In cases of emergency, and when a sheriff or his deputy, or a constable or police officer cannot be had in time, the officer issuing an attachment may appoint some reputable person to execute such attachment; and such officer shall be liable on his bond and individually for the consequence of appointing an insolvent or incompetent person for such service.
Miss. Code Ann. § 11-39-15 — MS Code / Title 11 / Chapter 23 / Section 39-15
Miss. Code Ann. § 11-39-15
Status: in_force

During the pendency of the action, the court, or judge in vacation, may make all proper orders for preventing damage or injury to the plaintiff before the case is decided.
Miss. Code Ann. § 11-13-37 — MS Code / Title 11 / Chapter 13 / Section 13-37
Miss. Code Ann. § 11-13-37
Status: in_force

Where the party claiming damages shall desire, upon the dissolution of an injunction, to have the same ascertained and decreed by the chancellor or the chancery court, he shall suggest in writing, on the hearing of the motion to dissolve the injunction, the nature and amount of the damages; and the chancellor or court shall hear evidence, if necessary, and assess the damages, and decree the same to the party entitled thereto, for which execution may be issued, as in other cases, against the obligors in the bond given for the injunction. And if the chancellor, instead of hearing evidence as to said damages--which may be by witnesses examined before him in vacation or in term time, or by deposition, according to the circumstances--shall see proper, he may make a reference to a master to take testimony and report in such matter. But nothing herein contained shall prevent the party entitled from maintaining a suit on the injunction bond, if his damages shall not be assessed as herein provided for.
Miss. Code Ann. § 11-35-27 — MS Code / Title 11 / Chapter 23 / Section 35-27
Miss. Code Ann. § 11-35-27
Status: in_force

Except as otherwise provided in Section 11-35-23 , garnishees shall, in all cases in the circuit or chancery court, answer on the first day of the return term, and, in the courts of justices of the peace, they shall answer by noon on the return day of the writ, unless the court, for cause shown, shall grant further time; and, if upon the answer of any garnishee, it appear that there is any estate of the defendant in the hands of any person not summoned, an alias writ may at once be issued, to be levied on the property in the hands of such person, or he may be summoned as garnishee.
Miss. Code Ann. § 11-46-7 — MS Code / Title 11 / Chapter 31 / Section 46-7
Miss. Code Ann. § 11-46-7
Status: in_force

(1) The remedy provided by this chapter against a governmental entity or its employee is exclusive of any other civil action or civil proceeding by reason of the same subject matter against the governmental entity or its employee or the estate of the employee for the act or omission which gave rise to the claim or suit; and any claim made or suit filed against a governmental entity or its employee to recover damages for any injury for which immunity has been waived under this chapter shall be brought only under the provisions of this chapter, notwithstanding the provisions of any other law to the contrary.

(2) An employee may be joined in an action against a governmental entity in a representative capacity if the act or omission complained of is one for which the governmental entity may be liable, but no employee shall be held personally liable for acts or omissions occurring within the course and scope of the employee's duties. For the purposes of this chapter an employee shall not be considered as acting within the course and scope of his employment and a governmental entity shall not be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted fraud, malice, libel, slander, defamation or any criminal offense.

(3) From and after July 1, 1993, as to the state, from and after October 1, 1993, as to political subdivisions, and subject to the provisions of this chapter, every governmental entity shall be responsible for providing a defense to its employees and for the payment of any judgment in any civil action or the settlement of any claim against an employee for money damages arising out of any act or omission within the course and scope of his employment; provided, however, that to the extent that a governmental entity has in effect a valid and current certificate of coverage issued by the board as provided in Section 11-46-17 , or in the case of a political subdivision, such political subdivision has a plan or policy of insurance and/or reserves which the board has approved as providing satisfactory security for the defense and protection of the political subdivision against all claims and suits for injury for which immunity has been waived under this chapter, the governmental entity's duty to indemnify and/or defend such claim on behalf of its employee shall be secondary to the obligation of any such insurer or indemnitor, whose obligation shall be primary. The provisions of this subsection shall not be construed to alter or relieve any such indemnitor or insurer of any legal obligation to such employee or to any governmental entity vicariously liable on account of or legally responsible for damages due to the allegedly wrongful error, omissions, conduct, act or deed of such employee.

(4) The responsibility of a governmental entity to provide a defense for its employee shall apply whether the claim is brought in a court of this or any other state or in a court of the United States.

(5) A governmental entity shall not be entitled to contribution or indemnification, or reimbursement for legal fees and expenses from its employee unless a court shall find that the act or omission of the employee was outside the course and scope of his employment. Any action by a governmental entity against its employee and any action by an employee against the governmental entity for contribution, indemnification, or necessary legal fees and expenses shall be tried to the court in the same suit brought on the claim against the governmental entity or its employee.

(6) The duty to defend and to pay any judgment as provided in subsection (3) of this section shall continue after employment with the governmental entity has been terminated, if the occurrence for which liability is alleged happened within the course and scope of duty while the employee was in the employ of the governmental entity.

(7) For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment.

(8) Nothing in this chapter shall enlarge or otherwise adversely affect the personal liability of an employee of a governmental entity. Any immunity or other bar to a civil suit under Mississippi or federal law shall remain in effect. The fact that a governmental entity may relieve an employee from all necessary legal fees and expenses and any judgment arising from the civil lawsuit shall not under any circumstances be communicated to the trier of fact in the civil lawsuit.
Miss. Code Ann. § 11-61-1 — MS Code / Title 11 / Chapter 61 / Section 61-1
Miss. Code Ann. § 11-61-1
Status: in_force

(1) This section shall be known and may be cited as the Mississippi Religious Freedom Restoration Act.

(2) The Mississippi Legislature finds the following:

(a) The framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;

(b) Laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;

(c) Government should not substantially burden religious exercise without compelling justification;

(d) In Employment Division v. Smith, 494 U.S. 872 (1990) , the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and

(e) The compelling interest test as set forth in prior federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.

(3) The purposes of this section are as follows:

(a) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) , and Wisconsin v. Yoder, 406 U.S. 205 (1972) , and to guarantee its application in all cases where free exercise of religion is substantially burdened; and

(b) To provide a claim or defense to persons whose religious exercise is substantially burdened by government.

(4) As used in this section, the following words shall have the following meanings:

(a) “ Government ” means any branch, department, agency, instrumentality or political subdivision of the State of Mississippi and any official or other person acting under color of law of the State of Mississippi.

(b) “ Demonstrates ” means to meet the burdens of going forward with the evidence and of persuasion.

(c) “ Exercise of religion ” means the exercise of religion under the First Amendment to the Constitution.

(5)(a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph (b) of this subsection.

(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:

(i) Is in furtherance of a compelling governmental interest; and

(ii) Is the least restrictive means of furthering that compelling governmental interest.

(6) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government, as defined by subsection (4) of this section. Standing to assert a claim or defense under this section shall be the same as the general rules of standing under Article III of the United States Constitution .

(7)(a) This section applies to all state laws, rules, regulations and any municipal or county ordinances, rules or regulations and the implementation of those laws, whether statutory or otherwise, and whether adopted before or after July 1, 2014.

(b) Any such law, rule, regulation or ordinances adopted after July 1, 2014, shall be subject to this section unless such law explicitly excludes such application by reference to this section.

(8) Nothing in this section shall be construed to authorize any government to burden any religious belief.

(9) Nothing in this section shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion. Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this section. As used in this subsection, the term “granting,” used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(10) Nothing in this section shall create any rights by an employee against an employer if the employer is not the government.
Miss. Code Ann. § 11-19-53 — MS Code / Title 11 / Chapter 7 / Section 19-53
Miss. Code Ann. § 11-19-53
Status: in_force

After issue joined in ejectment, either party may discover the details of the other's claim or title to the premises in question, and the response thereto shall include a short abstract of such documentary evidences of title as the party may intend to give in evidence on the trial, and a clear and succinct statement of the substance of any and all lost or destroyed documents the contents of which he may expect to prove. If title be claimed by inheritance, or if claimed on any fact which rests in parol, the facts shall be stated. In case of claim by inheritance, if either party demand it, the other shall give the ages of the several persons to whom the land descended, and the date of the death of the person from whom they inherited the premises. If any document referred to in the response to such discovery request made by law be recorded, it shall also state where it is recorded, or, if not recorded, then it shall include copies of such as are in the possession of the party, with the names of the subscribing witnesses thereto, if any. The discovery response shall be served within the time and in the manner prescribed by the Mississippi Rules of Civil Procedure and, in default thereof, evidence of such title shall not be given on the trial. In all cases, the evidence of title shall be confined to the matters contained in the discovery response.
Miss. Code Ann. § 11-51-95 — MS Code / Title 11 / Chapter 5 / Section 51-95
Miss. Code Ann. § 11-51-95
Status: in_force

Like proceedings as provided in Section 11-51-93 may be had to review the judgments of all tribunals inferior to the circuit court, whether an appeal be provided by law from the judgment sought to be reviewed or not. However, petitions for a writ of certiorari to the circuit court for review of a decision of a municipal civil service commission created under Section 21-31-1 et seq. or Section 21-31-51 et seq. shall be filed within thirty (30) days after the entry of the judgment or order of the commission.
Miss. Code Ann. § 11-51-73 — MS Code / Title 11 / Chapter 44 / Section 51-73
Miss. Code Ann. § 11-51-73
Status: in_force

The provision that the clerk shall send up to the Supreme Court any bond taken is directory, and shall not preclude the rendition of judgment by the Supreme Court on a copy of such bond, but said court may give judgment on a copy of such bond as if the original were before it.
Miss. Code Ann. § 11-7-307 — MS Code / Title 11 / Chapter 7 / Section 7-307
Miss. Code Ann. § 11-7-307
Status: in_force

(1) If the judgment debtor shows the circuit court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(2) If the judgment debtor shows the circuit court of any county any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
Miss. Code Ann. § 11-53-49 — MS Code / Title 11 / Chapter 33 / Section 53-49
Miss. Code Ann. § 11-53-49
Status: in_force

When a setoff is pleaded or filed and established, the defendant shall recover of the plaintiff his costs expended in establishing it, although judgment be rendered in favor of the plaintiff for a balance due him.
Miss. Code Ann. § 11-57-7 — MS Code / Title 11 / Chapter 13 / Section 57-7
Miss. Code Ann. § 11-57-7
Status: in_force

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by such court or responsible administrative authority that:

(a) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

(b) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and

(c) The transfer does not contravene any applicable statute or the order of any court or other government authority.
Miss. Code Ann. § 11-53-45 — MS Code / Title 11 / Chapter 7 / Section 53-45
Miss. Code Ann. § 11-53-45
Status: in_force

If in any case the plaintiff or complainant be an infant suing by next friend, such next friend shall be liable for costs.
Miss. Code Ann. § 11-73-7 — MS Code / Title 11 / Chapter 49 / Section 73-7
Miss. Code Ann. § 11-73-7
Status: in_force

A person who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person and who is found liable under this chapter for any amount of damages proximately caused by the trafficking is jointly liable with any other defendant found liable under this chapter for the entire amount of damages proximately caused by the trafficking.
Miss. Code Ann. § 11-65-1 — MS Code / Title 11 / Chapter 59 / Section 65-1
Miss. Code Ann. § 11-65-1
Status: in_force

No federal executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute issued, enacted or promulgated after July 1, 2016, that violates the United States Constitution or the Mississippi Constitution of 1890 shall be enforced or ordered to be enforced by any official, agent or employee of this state or a political subdivision thereof.
Miss. Code Ann. § 11-35-21 — MS Code / Title 11 / Chapter 1 / Section 35-21
Miss. Code Ann. § 11-35-21
Status: in_force

Service of writ of garnishment as provided for in Section 11-35-11 shall be effective to bind funds in the hands of the garnishee as in other cases and upon judgment rendered upon the garnishment issue in any court the funds bound, or so much thereof as shall be necessary to pay the judgment upon which garnishment issued and all cost accrued, shall be paid over to the court in which such judgment was rendered and for such payment a properly certified copy of the said judgment in the garnishment proceeding and a certified copy of the bill of costs in such proceedings shall be sufficient warrant and any payment so made shall be charged against the salary or wages of the judgment debtor in the judgment on which writ of garnishment issued.
Miss. Code Ann. § 11-49-11 — MS Code / Title 11 / Chapter 43 / Section 49-11
Miss. Code Ann. § 11-49-11
Status: in_force

Any notice required in the progress of a suit or action, in any court of this state, shall be as valid and effectual when served on the attorney or solicitor of the party in that cause as if served on the party himself.
Miss. Code Ann. § 11-53-23 — MS Code / Title 11 / Chapter 5 / Section 53-23
Miss. Code Ann. § 11-53-23
Status: in_force

When a case shall be dismissed by any court for want of jurisdiction, judgment shall be rendered by such court for costs against the party who invoked the jurisdiction, as in other cases.
Miss. Code Ann. § 11-19-15 — MS Code / Title 11 / Chapter 7 / Section 19-15
Miss. Code Ann. § 11-19-15
Status: in_force

The consent rule, and all fictions heretofore used in a civil action seeking ejectment as relief, are abolished; and the action shall be commenced by filing a complaint in the name of the person claiming the premises in question, as plaintiff against the defendant. The complaint shall describe the premises with such certainty as will distinctly apprise the defendant of their description and situation, and so that from such description possession may be delivered. If the plaintiff claim only an undivided interest therein, it shall state such interest. If the plaintiff claim more than he is entitled to, he may, nevertheless, recover so much as he shall prove title to.
Miss. Code Ann. § 11-33-41 — MS Code / Title 11 / Chapter 1 / Section 33-41
Miss. Code Ann. § 11-33-41
Status: in_force

The notice of the attachment which the clerk is required to cause to be published may be in the following form, to wit:

“The State of Mississippi to __________:

An attachment at the suit of __________ against your estate, for __________ dollars, returnable before the circuit court of __________ County, at __________, Mississippi, has been executed, and is now pending in said court; and unless you appear before said court on the __________ Monday of __________ A.D. __________, and plead to said action, judgment will be entered, and the estate attached will be sold.

__________, A.D._________________________, Clerk.”
Miss. Code Ann. § 11-71-3 — MS Code / Title 11 / Chapter 1 / Section 71-3
Miss. Code Ann. § 11-71-3
Status: in_force

As used in this chapter, the following words shall have the following meanings:

(a) “ COVID-19 ” means the novel coronavirus identified as SARS-CoV-2, the disease, health condition or threat caused by the novel coronavirus SARS-CoV-2, or a virus mutating therefrom, and conditions associated with the disease.

(b) “ COVID-19 State of Emergency ” means:

(i) A public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services under Section 319 of the Public Health Service Act ( 42 USC Section 247d );

(ii) A Presidential declaration of emergency related to COVID-19 under the National Emergencies Act or the Stafford Act; or

(iii) A state of emergency related to COVID-19 proclaimed by the Governor of the State of Mississippi under Section 33-15-11(b)(17) .

(c) “ Disinfecting or cleaning supplies ” includes, but is not limited to, hand sanitizers, cleaners, disinfectants, sprays and wipes intended for use in removal or mitigation of bacterial or viral disease-causing agents from surfaces or spaces.

(d) “ First responder ” means state and local law enforcement personnel, fire department personnel, emergency medical personnel, ambulance service provider personnel, emergency management personnel and public works personnel who may be deployed in response to the COVID-19 state of emergency.

(e) “ Health care facility ” means:

(i) Any facility in which health care services are provided, including, but not limited to, any licensed or state-approved facility; or

(ii) Any field hospital, modular field-treatment facility or other facility designated by the State Department of Health or the Mississippi Emergency Management Agency for temporary use for the purpose of providing health care services related to the COVID-19 state of emergency.

(f) “ Health care professional ” means:

(i) A person who is licensed, registered, permitted, or certified in any state to provide health care services, whether paid or unpaid, including persons engaged in telemedicine or telehealth, and any employee, agent or contractor of such person;

(ii) An emergency medical technician who is licensed in any state; or

(iii) A volunteer or military personnel who is approved by or works under the direction of the State Department of Health or the Mississippi Emergency Management Agency and who provides health care services in response to the COVID-19 state of emergency in the State of Mississippi.

(g) “ Health care services ” means any care, treatment, service, or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition.

(h) “ Person ” means an individual, the state and political subdivisions as defined in Section 11-46-1 , association, educational entity, for-profit or nonprofit entity, religious organization or charitable organization.

(i) “ Personal protective equipment ” means coveralls, face shields, gloves, gowns, masks, respirators or other equipment designed to protect the wearer from the spread of infection or illness.

(j) “ Premises ” means any physical place serving a commercial, residential, educational, religious, governmental, cultural, charitable or health care purpose.

(k) “ Public health guidance ” means written guidance related to the COVID-19 state of emergency that is issued by an executive agency or regulatory agency of the federal government or an executive agency of the State of Mississippi.

( l ) “ Qualified product ” means personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19; medical devices, equipment, and supplies used to treat a person with COVID-19, including products that are used or modified for an unapproved use to treat COVID-19 or prevent the spread of COVID-19; medical devices, equipment, or supplies utilized outside of the product's normal use to treat a person with COVID-19 or to prevent the spread of COVID-19; medications used to treat COVID-19, including medications prescribed or dispensed for off-label use to attempt to combat COVID-19; tests to diagnose or determine immunity to COVID-19 which have been approved by or submitted to the United States Food and Drug Administration (“FDA”) for approval within FDA-prescribed time periods; and components of qualified products.
Miss. Code Ann. § 11-37-133 — MS Code / Title 11 / Chapter 5 / Section 37-133
Miss. Code Ann. § 11-37-133
Status: in_force

The summons may be in the following form, to-wit:

“The State of Mississippi

To the sheriff of __________ County, Greetings:

We command you hereby that you summons __________, (put full address) defendant, if to be found in your county, so that he be and appear before the __________ court, to be holden in and for the County of __________, at the courthouse thereof in the City of __________, Mississippi, on the ___ day of __________, 2___, at __________ o'clock __________.M., to answer the plaintiff's declaration in replevin filed herein, a copy of which is attached hereto, and for a final hearing to determine the rights of the parties herein as to the possession of the property as described in the declaration in replevin.

Declaration filed when summons issued.

ISSUED THIS ___ day of __________, 2___.
Miss. Code Ann. § 11-33-57 — MS Code / Title 11 / Chapter 21 / Section 33-57
Miss. Code Ann. § 11-33-57
Status: in_force

Execution or other process shall not issue against the sureties on the replevin bond where the property replevied hath been levied upon and replevied in a prior attachment against the same defendant, returnable to another court, unless the amount of the prior attachment and probable costs thereof be first deducted from the value of the property; and in such case execution may issue against the sureties only for the difference.
Miss. Code Ann. § 11-39-61 — MS Code / Title 11 / Chapter 29 / Section 39-61
Miss. Code Ann. § 11-39-61
Status: in_force

The judge, before making the order for trial in vacation or afterward, may impose such terms, and make such requirements as to costs and payment thereof or security therefor, as he thinks proper, and shall tax the costs of the case as he may deem just.
Miss. Code Ann. § 11-44-7 — MS Code / Title 11 / Chapter 5 / Section 44-7
Miss. Code Ann. § 11-44-7
Status: in_force

(1) In order to obtain a judgment under this chapter, a claimant must prove by a preponderance of the evidence that:

(a) He was convicted of one or more felonies and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; and

(i) He has been pardoned for the felony or felonies for which he was sentenced and which are the grounds for the complaint and the pardon is based on the innocence of the claimant which must be affirmatively stated in the pardon; or

(ii) His judgment of conviction was reversed or vacated; and

1. The accusatory instrument was dismissed or nol prossed; or

2. If a new trial was ordered, he was found not guilty at the new trial; and

(b) He did not commit the felony or felonies for which he was sentenced and which are the grounds for the complaint, or the acts or omissions for which he was sentenced did not constitute a felony; and

(c) He did not commit or suborn perjury, or fabricate evidence to bring about his conviction.

(2) If the court finds that the claimant was wrongfully convicted and incarcerated pursuant to subsection (1) of this section, the court shall award:

(a) Fifty Thousand Dollars ($50,000.00) for each year of incarceration regardless of the number of felonies for which a claimant was convicted, but the total amount for each claimant shall not exceed Five Hundred Thousand Dollars ($500,000.00). There shall be no compensation for any preindictment detention. This award shall be paid to the claimant in installments of Fifty Thousand Dollars ($50,000.00) per year until the award is fully paid. The state may purchase an annuity to satisfy this obligation.

(b) Reasonable attorney's fees for bringing a claim under this chapter calculated at ten percent (10%) of the amount awarded under paragraph (a) of this subsection for preparing and filing the claim, twenty percent (20%) for litigating the claim if it is contested by the Attorney General, and twenty-five percent (25%) if the claim is appealed, plus expenses. These fees shall not be deducted from the compensation due the claimant, nor is counsel entitled to receive additional fees from the client for a claim under this section.

(3) The award shall not be subject to:

(a) Any cap applicable to private parties in civil lawsuits;

(b) Any taxes, except that those portions of the judgment awarded as attorney's fees for bringing a claim under this chapter shall be taxable as income to the attorney; or

(c) Treatment as gross income to a claimant under the provisions of Title 27, Chapter 7, Mississippi Code of 1972 .

(4) A claimant may choose to pursue a claim under this chapter in lieu of pursuing a claim against the State of Mississippi or a political subdivision thereof under the Mississippi Tort Claims Act, Section 11-46-1 et seq., Mississippi Code of 1972 . Any claimant who obtains an award under this chapter may not obtain an award by reason of the same subject against the State of Mississippi or a political subdivision thereof under the provisions of the Mississippi Tort Claims Act, Section 11-46-1 et seq., Mississippi Code of 1972 .

(5) The immunity of the State of Mississippi and any political subdivision thereof is hereby waived with respect to the claims described in this chapter and within the limits prescribed by this chapter.
Miss. Code Ann. § 11-77-1 — MS Code / Title 11 / Chapter 47 / Section 77-1
Miss. Code Ann. § 11-77-1
Status: in_force

The Legislature finds that pornography contributes to:

(a) The hyper sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders;

(b) An increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior;

(c) Difficulty in forming or maintaining positive, intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction; and

(d) A negative impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal.
Miss. Code Ann. § 11-73-1 — MS Code / Title 11 / Chapter 15 / Section 73-1
Miss. Code Ann. § 11-73-1
Status: in_force

For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context requires otherwise:

(a) “ Human trafficking ” means the actions that constitute an offense under Section 97-3-54.1 or 97-3-54.3 .

(b) “ Venture ” means any group of two (2) or more individuals associated in fact, whether or not a legal entity.
Miss. Code Ann. § 11-59-9 — MS Code / Title 11 / Chapter 23 / Section 59-9
Miss. Code Ann. § 11-59-9
Status: in_force

Rule 45 of the Mississippi Rules of Civil Procedure and Rule 2.01 of the Uniform Rules of Circuit and County Court Practice apply to subpoenas issued under Section 11-59-5 .
Miss. Code Ann. § 11-43-3 — MS Code / Title 11 / Chapter 35 / Section 43-3
Miss. Code Ann. § 11-43-3
Status: in_force

Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense committed in any other part of the United States, and who, agreeably to the Constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment.

This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime. Such relief shall be governed by the procedures prescribed in the Mississippi Uniform Post-Conviction Collateral Relief Act.

Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradited, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.
Miss. Code Ann. § 11-63-1 — MS Code / Title 11 / Chapter 33 / Section 63-1
Miss. Code Ann. § 11-63-1
Status: in_force

(1) In this section, “ foreign law ” means any law, rule, legal code or legal system other than the constitution, laws and ratified treaties of the United States and the territories of the United States, the constitution and laws of another state of the United States, Native American tribal law, the Mississippi Constitution of 1890, and the laws of this state.

(2) A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890.
Miss. Code Ann. § 11-33-5 — MS Code / Title 11 / Chapter 23 / Section 33-5
Miss. Code Ann. § 11-33-5
Status: in_force

In case one or more partners shall be liable to attachment on any of the enumerated grounds therefor, save the first, an attachment may be maintained against said partner, or all of the partners, by the partnership creditors. The property of the partnership, in either case, may be levied on and dealt with in all respects as if the grounds of attachment existed as to all the partners. The effects levied upon may be replevied by the partners sued by giving bond as other defendants in attachments, or, if they fail to do so, any partner not sued therein may replevy the same in like manner; but, by doing so, such partner shall thereby become a party defendant to the suit for all purposes, and judgment may be rendered on his bond against the obligors therein as in other attachment cases.
Miss. Code Ann. § 11-67-9 — MS Code / Title 11 / Chapter 5 / Section 67-9
Miss. Code Ann. § 11-67-9
Status: in_force

(1) A defendant may file a motion requesting a stay of the proceeding on or before the later of the sixtieth day before the date of trial in the action is set to commence or any other such time for which the defendant has a good faith reasonable basis to request a stay. The motion shall identify the asbestos trust claims not previously identified that the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.

(2) Within ten (10) days of receiving the defendant's motion, the plaintiff shall:

(a) File the asbestos trust claims; or

(b) File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff's reasonably anticipated recovery.

(3)(a) Subject to paragraph (b) of this subsection (3), if the court determines that there is a basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.

(b) If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by that asbestos trust.

(4) An asbestos action may not be set for trial until at least sixty (60) days after the plaintiff complies with the requirements of this section.
Miss. Code Ann. § 11-53-25 — MS Code / Title 11 / Chapter 23 / Section 53-25
Miss. Code Ann. § 11-53-25
Status: in_force

The clerk of any court shall move the court to dismiss any cause pending therein in which no step has been taken for the two terms preceding; and the court shall, unless good cause be shown to the contrary, dismiss the same at the costs of the plaintiff or complainant.
Miss. Code Ann. § 11-55-1 — MS Code / Title 11 / Chapter 9 / Section 55-1
Miss. Code Ann. § 11-55-1
Status: in_force

This chapter may be cited as the “Litigation Accountability Act of 1988.”
Miss. Code Ann. § 11-21-31 — MS Code / Title 11 / Chapter 19 / Section 21-31
Miss. Code Ann. § 11-21-31
Status: in_force

In all cases of the partition or sale of property for division of proceeds, the court may allow a reasonable attorney's fee to the attorney or the plaintiff, to be taxed as a common charge on all the interests, and to be paid out of the proceeds in case of a sale, and to be a lien on the several parts in case of partition.
Miss. Code Ann. § 11-43-41 — MS Code / Title 11 / Chapter 41 / Section 43-41
Miss. Code Ann. § 11-43-41
Status: in_force

The proceedings and judgment shall in all cases be entered of record. If the trial be in vacation, the proceedings shall be written out and signed by the judge or chancellor and deposited with the clerk of the circuit court of the county in which the habeas corpus is tried, unless the judge shall direct it to be deposited with such clerk of some other county. If either party require it, the evidence shall be made a part of the record by bill of exceptions, as in other cases.
Miss. Code Ann. § 11-46-1 — MS Code / Title 11 / Chapter 27 / Section 46-1
Miss. Code Ann. § 11-46-1
Status: in_force

As used in this chapter, the following terms shall have the meanings ascribed unless the context otherwise requires:

(a) “ Claim ” means any demand to recover damages from a governmental entity as compensation for injuries.

(b) “ Claimant ” means any person seeking compensation under the provisions of this chapter, whether by administrative remedy or through the courts.

(c) “ Board ” means the Mississippi Tort Claims Board.

(d) “ Department ” means the Department of Finance and Administration.

(e) “ Director ” means the executive director of the department who is also the executive director of the board.

(f) “ Employee ” means any officer, employee or servant of the State of Mississippi or a political subdivision of the state, including elected or appointed officials and persons acting on behalf of the state or a political subdivision in any official capacity, temporarily or permanently, in the service of the state or a political subdivision whether with or without compensation, including firefighters who are members of a volunteer fire department that is a political subdivision. The term “employee” shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the state or a political subdivision; and

(i) For purposes of the limits of liability provided for in Section 11-46-15 , the term “ employee ” shall include:

1. Physicians under contract to provide health services with the State Board of Health, the State Board of Mental Health or any county or municipal jail facility while rendering services under the contract;

2. Any physician, dentist or other health care practitioner employed by the University of Mississippi Medical Center (UMMC) and its departmental practice plans who is a faculty member and provides health care services only for patients at UMMC or its affiliated practice sites, including any physician or other health care practitioner employed by UMMC under an arrangement with a public or private health-related organization;

3. Any physician, dentist or other health care practitioner employed by any university under the control of the Board of Trustees of State Institutions of Higher Learning who practices only on the campus of any university under the control of the Board of Trustees of State Institutions of Higher Learning;

4. Any physician, dentist or other health care practitioner employed by the State Veterans Affairs Board and who provides health care services for patients for the State Veterans Affairs Board;

(ii) The term “ employee ” shall also include Mississippi Department of Child Protection Services licensed foster parents for the limited purposes of coverage under the Tort Claims Act as provided in Section 11-46-8 ; and

(iii) The term “ employee ” also shall include any employee or member of the governing board of a charter school but shall not include any person or entity acting in the capacity of an independent contractor to provide goods or services under a contract with a charter school.

(g) “ Governmental entity ” means the state and political subdivisions.

(h) “ Injury ” means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that is actionable at law or in equity.

(i) “ Political subdivision ” means any body politic or body corporate other than the state responsible for governmental activities only in geographic areas smaller than that of the state, including, but not limited to, any county, municipality, school district, charter school, volunteer fire department that is a chartered nonprofit corporation providing emergency services under contract with a county or municipality, community hospital as defined in Section 41-13-10 , airport authority, or other instrumentality of the state, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.

(j) “ State ” means the State of Mississippi and any office, department, agency, division, bureau, commission, board, institution, hospital, college, university, airport authority or other instrumentality thereof, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.

(k) “ Law ” means all species of law, including, but not limited to, any and all constitutions, statutes, case law, common law, customary law, court order, court rule, court decision, court opinion, court judgment or mandate, administrative rule or regulation, executive order, or principle or rule of equity.
Miss. Code Ann. § 11-43-33 — MS Code / Title 11 / Chapter 27 / Section 43-33
Miss. Code Ann. § 11-43-33
Status: in_force

The judge or chancellor before whom the prisoner or other person may be brought, shall inquire into the cause of imprisonment or detention, and shall either discharge, commit, admit to bail, or remand the prisoner, or award the custody to the party entitled thereto, as the law and the evidence shall require; and may also award costs and charges, for or against either party, as may seem right. And the clerk of the court in whose office the proceedings may be filed, shall issue execution for the costs and charges so awarded, against the party bound therefor. But the judge may continue the trial from day to day as the case may require.
Miss. Code Ann. § 11-62-5 — MS Code / Title 11 / Chapter 45 / Section 62-5
Miss. Code Ann. § 11-62-5
Status: in_force

(1) The state government shall not take any discriminatory action against a religious organization wholly or partially on the basis that such organization:

(a) Solemnizes or declines to solemnize any marriage, or provides or declines to provide services, accommodations, facilities, goods or privileges for a purpose related to the solemnization, formation, celebration or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 ;

(b) Makes any employment-related decision including, but not limited to, the decision whether or not to hire, terminate or discipline an individual whose conduct or religious beliefs are inconsistent with those of the religious organization, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 ; or

(c) Makes any decision concerning the sale, rental, occupancy of, or terms and conditions of occupying a dwelling or other housing under its control, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(2) The state government shall not take any discriminatory action against a religious organization that advertises, provides or facilitates adoption or foster care, wholly or partially on the basis that such organization has provided or declined to provide any adoption or foster care service, or related service, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(3) The state government shall not take any discriminatory action against a person who the state grants custody of a foster or adoptive child, or who seeks from the state custody of a foster or adoptive child, wholly or partially on the basis that the person guides, instructs or raises a child, or intends to guide, instruct, or raise a child based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(4) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person declines to participate in the provision of treatments, counseling, or surgeries related to sex reassignment or gender identity transitioning or declines to participate in the provision of psychological, counseling, or fertility services based upon a sincerely held religious belief or moral conviction described in Section 11-62-3 . This subsection (4) shall not be construed to allow any person to deny visitation, recognition of a designated representative for health care decision-making, or emergency medical treatment necessary to cure an illness or injury as required by law.

(5) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person has provided or declined to provide the following services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 :

(a) Photography, poetry, videography, disc-jockey services, wedding planning, printing, publishing or similar marriage-related goods or services; or

(b) Floral arrangements, dress making, cake or pastry artistry, assembly-hall or other wedding-venue rentals, limousine or other car-service rentals, jewelry sales and services, or similar marriage-related services, accommodations, facilities or goods.

(6) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person establishes sex-specific standards or policies concerning employee or student dress or grooming, or concerning access to restrooms, spas, baths, showers, dressing rooms, locker rooms, or other intimate facilities or settings, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(7) The state government shall not take any discriminatory action against a state employee wholly or partially on the basis that such employee lawfully speaks or engages in expressive conduct based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 , so long as:

(a) If the employee's speech or expressive conduct occurs in the workplace, that speech or expressive conduct is consistent with the time, place, manner and frequency of any other expression of a religious, political, or moral belief or conviction allowed; or

(b) If the employee's speech or expressive conduct occurs outside the workplace, that speech or expressive conduct is in the employee's personal capacity and outside the course of performing work duties.

(8)(a) Any person employed or acting on behalf of the state government who has authority to authorize or license marriages, including, but not limited to, clerks, registers of deeds or their deputies, may seek recusal from authorizing or licensing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 . Any person making such recusal shall provide prior written notice to the State Registrar of Vital Records who shall keep a record of such recusal, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal. The person who is recusing himself or herself shall take all necessary steps to ensure that the authorization and licensing of any legally valid marriage is not impeded or delayed as a result of any recusal.

(b) Any person employed or acting on behalf of the state government who has authority to perform or solemnize marriages, including, but not limited to, judges, magistrates, justices of the peace or their deputies, may seek recusal from performing or solemnizing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 . Any person making such recusal shall provide prior written notice to the Administrative Office of Courts, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal. The Administrative Office of Courts shall take all necessary steps to ensure that the performance or solemnization of any legally valid marriage is not impeded or delayed as a result of any recusal.
Miss. Code Ann. § 11-71-7 — MS Code / Title 11 / Chapter 5 / Section 71-7
Miss. Code Ann. § 11-71-7
Status: in_force

(1) Any health care professional or health care facility shall be immune from suit for any injury or death directly or indirectly sustained because of the health care professional's or health care facility's acts or omissions while providing health care services related to a COVID-19 state of emergency. The immunity takes effect when the COVID-19 state of emergency is declared, applies to any health care services performed during the COVID-19 state of emergency, including any period of renewal or extension, and terminates one (1) year after the end of the COVID-19 state of emergency. The immunity includes, but is not limited to, injury or death resulting from screening, assessing, diagnosing or treating persons in relation to the COVID-19 state of emergency or the medical conditions causing the COVID-19 state of emergency, or acts or omissions while providing health care services to persons unrelated to the COVID-19 state of emergency when those acts or omissions were intended to support the state's response to the COVID-19 state of emergency, including, but not limited to, the following:

(a) Delaying or cancelling nonurgent or elective dental, medical or surgical procedures, or altering the diagnosing or treatment of any person in response to an order, directive or guideline issued by the federal, state or a local government;

(b) Diagnosing or treating patients outside the normal scope of the health care professional's license or practice;

(c) Using equipment or supplies outside of the product's normal use for medical practice and the provision of health care services, including using or modifying a medical device for an unapproved use or indication;

(d) Prescribing, administering or dispensing a pharmaceutical for off-label use to treat a patient in relation to a COVID-19 state of emergency;

(e) Conducting tests or providing treatment to any person outside of the premises of standard health care facilities; or

(f) Acts or omissions undertaken by a health care professional or health care facility because of a lack of staffing, facilities, equipment, supplies or other resources attributable to the COVID-19 state of emergency that make it impractical for the health care professional or health care facility to provide the level or manner of care to any person that otherwise would have been required in the absence of the COVID-19 state of emergency.

(2) This chapter shall be liberally construed with regard to immunizing health care professionals or health care facilities for acts or omissions undertaken while providing health care services related to a COVID-19 state of emergency.
Miss. Code Ann. § 11-51-75 — MS Code / Title 11 / Chapter 5 / Section 51-75
Miss. Code Ann. § 11-51-75
Status: in_force

Any person aggrieved by a judgment or decision of the board of supervisors of a county, or the governing authority of a municipality, may appeal the judgment or decision to the circuit court of the county in which the board of supervisors is the governing body or in which the municipality is located. A written notice of appeal to the circuit court must be filed with the circuit clerk within ten (10) days from the date at which session of the board of supervisors or the governing authority of the municipality rendered the judgment or decision. Upon filing, a copy of the notice of appeal must be delivered to the president of the board of supervisors or to the mayor or city clerk of the municipality and, if applicable, to any party who was a petitioner before the board of supervisors or the governing authority of the municipality.

(a) The notice of appeal filed in the circuit court with the circuit clerk shall contain the following:

(i) The name of the county board of supervisors or the name of the municipality as the appellee. If applicable, any party who was a petitioner before the board of supervisors or the governing authority of the municipality shall be named as an appellee.

(ii) A succinct statement of the reasons, or grounds, for the appeal.

(iii) A written description or designation of record which includes all matters that the appellant desires to be made part of the record.

(iv) Appellant must also deliver a copy of the notice of appeal and a written designation of the record, along with a list of all documents or transcripts in appellant's possession, to the clerk of the board of supervisors or to the clerk of the municipality.

(b) An appellee has ten (10) days from the filing of the notice of appeal with the circuit clerk to designate any other items or matters that appellee believes should be included in the designated record.

(c) The clerk of the board of supervisors or the municipal clerk must assemble a complete record of the proceedings to include all writings, matters, items, documents, plats, maps and transcripts of proceedings that were part of the record and deliver the complete record to the circuit clerk within thirty (30) days after the filing of the notice of appeal with the circuit clerk. The clerk of the board of supervisors or the municipal clerk shall certify that the record is accurate and complete and contains all writings, matters, items, documents, plats, maps and transcripts of proceedings designated by appellant and appellee in their designations of record.

(d) The circuit court, as an appellate court, either in term time or in vacation, shall hear and determine the same on the record and shall affirm or reverse the judgment. The circuit court shall enter an order establishing a briefing schedule and a hearing date, if any, for the parties to appear and present oral argument. If the judgment is reversed, the circuit court shall render such judgment or decision as the board of supervisors or the governing authority of the municipality ought to have rendered, and certify the same to the board of supervisors or the governing authority of the municipality. Costs shall be awarded as in other cases.

(e) No appeal to the circuit court shall be taken from any order of the board of supervisors or the governing authority of the municipality which authorizes the issuance or sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be adjudicated and determined by the chancery court, in accordance with the provisions of Sections 31-13-5 through 31-13-11 . And all rights of the parties shall be preserved and not foreclosed, for the hearing before the chancery court, or the chancellor in vacation.
Miss. Code Ann. § 11-53-37 — MS Code / Title 11 / Chapter 39 / Section 53-37
Miss. Code Ann. § 11-53-37
Status: in_force

Where a party hereafter institutes a suit for the benefit of himself and all others similarly situated, and thereby there is in such suit recovered or preserved property or a fund for the common benefit, the chancery court may make an allowance to such party of the reasonable costs incurred, which costs shall include the necessary disbursements, and reasonable solicitor's fees, out of the property recovered or preserved for the common benefit.
Miss. Code Ann. § 11-51-27 — MS Code / Title 11 / Chapter 35 / Section 51-27
Miss. Code Ann. § 11-51-27
Status: in_force

An appeal may be granted by the court in all cases, upon terms prescribed, which shall include payment of all costs in the lower court.
Miss. Code Ann. § 11-37-117 — MS Code / Title 11 / Chapter 13 / Section 37-117
Miss. Code Ann. § 11-37-117
Status: in_force

The officer's return on such writ may be in the following form, to-wit:

“Executed the within writ, by taking possession of (here describe the property described in the writ which has been seized by the officer) found in the possession of the defendant, and by summoning the defendant (naming him) according to the command of said writ, and I have delivered him a true copy of the writ, declaration and exhibits (or otherwise, as the case may be). The plaintiff (or defendant) having entered into bond, conditioned according to law, I delivered said property to the plaintiff (or defendant) and now return said writ.

This ___ day of __________, 2___.
Miss. Code Ann. § 11-53-51 — MS Code / Title 11 / Chapter 51 / Section 53-51
Miss. Code Ann. § 11-53-51
Status: in_force

In cases of appeal from a judgment of a justice of the peace, if the appeal be by the defendant, and judgment be rendered thereon for the plaintiff equal to or greater than that recovered by him before the justice of the peace, he shall recover of the defendant full costs; but if the judgment for plaintiff be less than that recovered by him before the justice of the peace, the court may, on motion of defendant, apportion the costs between the parties as may be proper, otherwise defendant shall be liable for all the costs. If the judgment on such appeal be rendered for the defendant, he shall recover of the plaintiff full costs. If the appeal be by plaintiff from a judgment rendered against him, and he recover judgment thereon, he shall recover of the defendant full costs; but if the defendant recover judgment thereon, he shall recover of plaintiff full costs. If a party appeal from a judgment in his favor, and does not obtain judgment for more than he recovered before the justice of the peace, he shall not recover costs that accrued on appeal, but shall be liable for such costs. But in such cases the circuit court, may, when the circumstances justify it, tax the costs to meet the ends of justice. In all cases where the principal is made liable for costs, judgment shall be rendered therefor against him and the sureties on his appeal bond jointly.
Miss. Code Ann. § 11-13-17 — MS Code / Title 11 / Chapter 3 / Section 13-17
Miss. Code Ann. § 11-13-17
Status: in_force

The provisions of Section 11-13-15 shall apply to a partial dissolution of an injunction of the collection of taxes and to an injunction of the sale of any property for taxes. In all cases of the injunction of the collection of taxes, or of the sale of any property for taxes, the court, or chancellor in vacation, in dissolving in part or in whole, or in modifying an injunction, shall have full power to make such judgment as may be necessary to enforce the right of the state, county, city, town, village, or other competent authority entitled to the taxes involved in such suit, and may direct a sale of any property liable to such taxes, and involved in such suit.
Miss. Code Ann. § 11-37-155 — MS Code / Title 11 / Chapter 15 / Section 37-155
Miss. Code Ann. § 11-37-155
Status: in_force

The action of replevin shall not be maintainable in any case of the seizure of property under execution or attachment when a remedy is given to claim the property by making claim to it in some mode prescribed by law, but the person claiming must resort to the specific mode prescribed in such case, and shall not resort to the action of replevin.
Miss. Code Ann. § 11-13-33 — MS Code / Title 11 / Chapter 11 / Section 13-33
Miss. Code Ann. § 11-13-33
Status: in_force

A bond to enjoin proceedings at law on a judgment for money, upon the dissolution of the injunction, in whole or in part, shall have the force and effect of a judgment against the obligors; and liability of such sureties may be enforced under the procedure provided for in the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-53-17 — MS Code / Title 11 / Chapter 3 / Section 53-17
Miss. Code Ann. § 11-53-17
Status: in_force

A citizen may commence any civil action, or answer a rule for security for costs in any court without being required to prepay fees or give security for costs, before or after commencing suit, by taking and subscribing the following affidavit:

“I, __________, do solemnly swear that I am a citizen of the State of Mississippi, and because of my poverty I am not able to pay the costs or give security for the same in the civil action (describing it) which I am about to commence (or which I have begun, as the case may be) and that, to the best of my belief, I am entitled to the redress which I seek by such suit.”
Miss. Code Ann. § 11-37-153 — MS Code / Title 11 / Chapter 29 / Section 37-153
Miss. Code Ann. § 11-37-153
Status: in_force

All the provisions of law in reference to the death of either party, and the revival of the cause in personal actions, and the death of any of the obligors in a bond given in a replevin action, and the proceedings thereon before and after judgment, shall apply in like case to the action of replevin, and to a claim of property in such action.
Miss. Code Ann. § 11-39-37 — MS Code / Title 11 / Chapter 29 / Section 39-37
Miss. Code Ann. § 11-39-37
Status: in_force

The compensation of trustees and others shall be determined by the court, and allowed out of the effects of the corporation or other body, under the control of the court.
Miss. Code Ann. § 11-69-1 — MS Code / Title 11 / Chapter 1 / Section 69-1
Miss. Code Ann. § 11-69-1
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, there shall be no civil liability imposed on and no cause of action shall arise against a person or entity for furnishing information concerning suspected or completed insurance fraud to any law enforcement, investigatory, prosecutorial or regulatory agent or agency, insurer, or statutory residual market plan. This shall not abrogate or modify common law or statutory privileges or immunities enjoyed by a person or entity. The prohibition of civil liability applies only to the act of reporting and does not limit civil liability against a person or entity for committing fraud or other tortious conduct.

(2) Subsection (1) of this section shall not apply to claims against persons where false statements were made in bad faith by persons furnishing information concerning suspected or completed insurance fraud. Any civil action brought against a person for filing a report or furnishing other information concerning insurance fraud shall be dismissed unless the party bringing the action has pleaded specifically that subsection (1) of this section does not apply because the person filing the report or furnishing the information did so in bad faith, and has pleaded specifically facts that support a claim of bad faith.
Miss. Code Ann. § 11-15-143 — MS Code / Title 11 / Chapter 3 / Section 15-143
Miss. Code Ann. § 11-15-143
Status: in_force

Sections 11-15-1 , 11-15-3 , 11-15-5 , 11-15-7 , 11-15-9 , 11-15-11 , 11-15-13 , 11-15-15 , 11-15-17 , 11-15-19 , 11-15-21 , 11-15-23 , 11-15-25 , 11-15-27 , 11-15-29 , 11-15-31 , 11-15-33 , 11-15-35 and 11-15-37, Mississippi Code of 1972 , which provide for the submission for determination of disputed matter to arbitrators selected by law or agreement, shall not be applicable to those agreements enumerated in Section 11-15-101 .
Miss. Code Ann. § 11-27-37 — MS Code / Title 11 / Chapter 9 / Section 27-37
Miss. Code Ann. § 11-27-37
Status: in_force

In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorneys' fees, incurred by him in defending the suit.
Miss. Code Ann. § 11-51-85 — MS Code / Title 11 / Chapter 29 / Section 51-85
Miss. Code Ann. § 11-51-85
Status: in_force

Either party may appeal to the circuit court of the county from the judgment of any justice court judge if appeal be demanded and bond given within (10) days after the rendition of the judgment. The party taking the appeal shall give bond with a sufficient surety, to be approved by the clerk of the justice court payable to the opposite party, in the penalty of double the amount of the judgment, or double the value of the property involved, and all costs accrued and likely to accrue in the case, and in no case to be less than One Hundred Dollars ($100.00), conditioned for the payment of such judgment as the circuit court may render against him; and the appeal, when demanded and bond given, shall operate as a supersedeas of execution on such judgment. Any defendant against whom a civil judgment may have been entered by a justice court judge who, by reason of his poverty, is not able to give bond may nevertheless appeal from such judgment on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment. The clerk of the justice court shall at once make up a transcript of the record and properly transmit the same to the clerk of the circuit court, within fifteen (15) days after the bond has been filed. In counties where there is a county court, appeals from justice courts shall be to the county court.
Miss. Code Ann. § 11-13-3 — MS Code / Title 11 / Chapter 1 / Section 13-3
Miss. Code Ann. § 11-13-3
Status: in_force

An injunction to stay proceedings at law shall not be issued until after the party obtaining the injunction shall give security in such sum as the court deems proper for the payment of costs, damages and reasonable attorney's fees as may be incurred or suffered by any party who is found to be wrongfully enjoined.
Miss. Code Ann. § 11-33-53 — MS Code / Title 11 / Chapter 31 / Section 33-53
Miss. Code Ann. § 11-33-53
Status: in_force

If the plaintiff in a prior attachment fail to enforce his judgment, after ten days written notice to do so by the plaintiff in a subsequent attachment, he shall lose his priority; but where the amount of the prior attachment shall be less than the value of the property, process may issue on the subsequent judgment against the sureties on the replevin bond for the difference between the amount of the prior attachment and the value of the property as shown in the officer's return.
Miss. Code Ann. § 11-57-15 — MS Code / Title 11 / Chapter 39 / Section 57-15
Miss. Code Ann. § 11-57-15
Status: in_force

This chapter shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after August 1, 2002; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached before such date is either effective or ineffective.
Miss. Code Ann. § 11-33-77 — MS Code / Title 11 / Chapter 31 / Section 33-77
Miss. Code Ann. § 11-33-77
Status: in_force

The declaration may be filed on or before the return day of the attachment or before an order of dismissal be taken; and the defendant shall plead thereto as in other cases.
Miss. Code Ann. § 11-77-1 — MS Code / Title 11 / Chapter 27 / Section 77-1
Miss. Code Ann. § 11-77-1
Status: in_force

The Legislature finds that pornography contributes to:

(a) The hyper sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders;

(b) An increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior;

(c) Difficulty in forming or maintaining positive, intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction; and

(d) A negative impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal.
Miss. Code Ann. § 11-15-29 — MS Code / Title 11 / Chapter 7 / Section 15-29
Miss. Code Ann. § 11-15-29
Status: in_force

On application as provided for in Section 11-15-27 , the court may vacate the award in any of the cases specified in Section 11-15-23 , and if the time in which the award shall have been required to be made by the articles of submission has not expired, may, in its discretion, direct a new hearing by the arbitrators; and, in the cases specified in Section 11-15-25 , the court may modify and correct the award so as to effect the intent thereof, and to promote justice between the parties.
Miss. Code Ann. § 11-53-7 — MS Code / Title 11 / Chapter 53 / Section 53-7
Miss. Code Ann. § 11-53-7
Status: in_force

The foregoing provisions as to securing or paying costs before suit brought, and requiring security for costs after suit commenced, and as to rendering judgment against the plaintiff and surety, shall apply to justices of the peace, and the courts held by them as such, or in proceedings in unlawful entry and detainer, or in any other proceeding; but in those courts the security, when required after the commencement of a suit, shall be given within ten days after the order of the court made for that purpose.
Miss. Code Ann. § 11-43-17 — MS Code / Title 11 / Chapter 17 / Section 43-17
Miss. Code Ann. § 11-43-17
Status: in_force

The writ may be in substance, as follows, to wit:

“The State of Mississippi, to __________:

“We command you to have the body of __________, by you detained, as it is said, before __________, a judge of our __________ court, at __________, forthwith (or on a given day), to do and receive what may be then and there considered concerning him. Witness my hand,” etc.

And it may be served by such person as the judge granting it may direct, or by the sheriff or any constable, and it shall be served by the delivery of a true copy thereof to the person to whom it is directed, if to be found. And if it be directed to a sheriff or other officer who cannot be found, it may be served by leaving a copy with any deputy or servant of the officer to whom it is directed, at the place where the prisoner or other person is detained; and it shall be returned with an indorsement of service as in other cases.
Miss. Code Ann. § 11-35-35 — MS Code / Title 11 / Chapter 3 / Section 35-35
Miss. Code Ann. § 11-35-35
Status: in_force

If a garnishee admit an indebtedness not then due, execution shall be stayed until its maturity; and if he admit the possession of goods or chattels of the defendant, such goods or chattels shall be delivered to the sheriff; but, in attachment cases, the garnishee may replevy the property by giving a bond for the same, as the defendant in attachment may do, and subject to the same proceedings and liabilities.