Miss. Code Ann. § 11-67-5 — MS Code / Title 11 / Chapter 46 / 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. § 11-21-41 — MS Code / Title 11 / Chapter 5 / Section 21-41
Miss. Code Ann. § 11-21-41
Status: in_force

Nothing herein contained shall be construed so as to injure, prejudice, defeat or destroy the estate, right, or title of any person claiming a tract of land, or any part thereof, or any piece or lot of land by title under any other person, or title paramount to the title of the joint tenants, tenants in common, or coparceners, among whom partition may have been made.
Miss. Code Ann. § 11-38-9 — MS Code / Title 11 / Chapter 25 / Section 38-9
Miss. Code Ann. § 11-38-9
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. § 11-71-5 — MS Code / Title 11 / Chapter 69 / 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. § 11-51-83 — MS Code / Title 11 / Chapter 29 / Section 51-83
Miss. Code Ann. § 11-51-83
Status: in_force

Either party aggrieved by the judgment of the justices rendered in a case of unlawful entry and detainer, may, after final judgment, appeal to the circuit court of the county, within five days after the rendition of the judgment, by entering into bond with sufficient sureties, to be approved by the justice before whom the complaint was made, or in his absence before another justice, who tried the case, in a penalty double the amount of the rent recovered, but never less than Two Hundred Dollars ($200.00), payable to the opposite party, conditioned for the payment of such judgment as the circuit court may render against him. Such appeal shall operate as a supersedeas. The justice shall send to the circuit court all the papers and proceedings, and a transcript of all orders and judgments in said cause, and shall deliver the same to the clerk of the circuit court, to be there docketed for trial. The circuit court shall, at the first term, hear and determine the cause anew on its merits, in a summary way. On the trial in the circuit court, the plaintiff may claim for all arrears of rent due at the time of such trial, or for the use and occupation of the premises up to that time. The court shall cause judgment to be entered against the defendant and his sureties on the appeal bond, for the amount found to be due, and award a fieri facias thereon, with legal interest and all costs; but the judgment against the surety shall not exceed the penalty of the appeal bond.
Miss. Code Ann. § 11-33-7 — MS Code / Title 11 / Chapter 23 / 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. § 11-27-35 — MS Code / Title 11 / Chapter 1 / Section 27-35
Miss. Code Ann. § 11-27-35
Status: in_force

Telephone, telegraph or street railway companies, may acquire a right-of-way across railroads by condemnation by proceeding in accordance with the provisions of this chapter. If a right-of-way across a railroad has been condemned by a telegraph, telephone or street railway company, the railroad company shall be advised of the manner in which such telephone or telegraph company proposes to erect its poles and string its wires or place plant facilities underground, and in case of a street railway company, it shall give the railroad company notice of the manner in which it proposes to construct its tracks across the railroad, and if the railroad company shall object thereto, the public service commission shall have jurisdiction, upon complaint filed with it by the railroad company, to enter an order directing how the poles and wires or underground plant, if a telephone or telegraph company, shall be erected and strung or placed underground, and how tracks, if a street railway company, shall be constructed, and the railroad shall be crossed as ordered, and in no other manner.
Miss. Code Ann. § 11-25-113 — MS Code / Title 11 / Chapter 25 / Section 25-113
Miss. Code Ann. § 11-25-113
Status: in_force

If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff, that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem, and said judge may issue alias writs and enforce the judgment and may punish for contempt of process thereon; provided, however, that a writ of habere facias possessionem or execution shall not issue within five days from the date of judgment.
Miss. Code Ann. § 11-33-27 — MS Code / Title 11 / Chapter 1 / 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. § 11-25-117 — MS Code / Title 11 / Chapter 13 / 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. § 11-41-3 — MS Code / Title 11 / Chapter 31 / 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. § 11-33-19 — MS Code / Title 11 / Chapter 33 / Section 33-19
Miss. Code Ann. § 11-33-19
Status: in_force

The writ shall be in the form or to the effect following, to wit:

“THE STATE OF MISSISSIPPI

“To the sheriff or any constable of __________ county, greeting:

“Whereas, AB (or agent or attorney of AB) hath complained on oath to __________ one of the judges of the Supreme Court (or other officer as the case may be) that CD is justly indebted to the said AB to the amount of __________ and that the said CD is a nonresident, etc. (reciting the affidavit) and bond and security having been given according to the statute:

“We therefore command you that you attach the said CD by his estate, re al and personal, in your county to the value of the said demand and costs of suit, and that you safely keep the same according to law, so as to compel the said CD to appear before the __________ court (or before the court of __________, a justice court judge of __________ county), to be held at __________, in and for the county of __________, on the __________ Monday of __________, to answer the above complaint. And that you summon the said CD, if to be found in your county, to appear and answer accordingly; and have there then this writ, with your proceedings thereon.

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

The writ shall be signed by the officer granting the same or, if issued by a clerk or his deputy, shall be dated, signed and sealed as other writs; and an attachment shall not be quashed or abated for want of form if the substantial matters expressed in the foregoing precedent be contained therein; and on the demand of the plaintiff said writ may embody a garnishment.
Miss. Code Ann. § 11-45-21 — MS Code / Title 11 / Chapter 31 / Section 45-21
Miss. Code Ann. § 11-45-21
Status: in_force

Neither the state nor any county shall be required to give bond in any suit.
Miss. Code Ann. § 11-53-53 — MS Code / Title 11 / Chapter 43 / 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. § 11-43-5 — MS Code / Title 11 / Chapter 13 / Section 43-5
Miss. Code Ann. § 11-43-5
Status: in_force

If it appear on the trial of any habeas corpus that the relator is held by virtue of proceedings against him for crime which are invalid, the judge shall not discharge the relator because thereof, but shall investigate the facts; and if it be found that he ought to be held for any crime alleged against him, the judge shall not discharge him, but shall commit him or require bail, according to the nature of the case.
Miss. Code Ann. § 11-19-23 — MS Code / Title 11 / Chapter 19 / Section 19-23
Miss. Code Ann. § 11-19-23
Status: in_force

Declarations, writs, and pleas in the form or to the effect of the precedents appended hereto, shall be good and sufficient for all purposes in proceedings under this chapter.
Miss. Code Ann. § 11-31-11 — MS Code / Title 11 / Chapter 29 / Section 31-11
Miss. Code Ann. § 11-31-11
Status: in_force

If a decree be rendered in such case without the appearance of the absent debtor, the court, before any proceedings to satisfy said decree, shall require the complainant to give security for abiding such further orders as may be made, for restoring of the estate or effects to the absent defendant, on his appearing and answering the bill within two years; and if the complainant shall not give such security, the effects shall remain under the direction of the court, in the hands of a receiver, or otherwise, for such time, and shall then be disposed of as the court may direct.
Miss. Code Ann. § 11-47-3 — MS Code / Title 11 / Chapter 21 / 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. § 11-71-9 — MS Code / Title 11 / Chapter 7 / Section 71-9
Miss. Code Ann. § 11-71-9
Status: in_force

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

(1) A person who designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19 shall be immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by a qualified product.

(2) A person who designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 outside the ordinary course of the person's business shall be immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by the disinfecting or cleaning supplies or personal protective equipment.
Miss. Code Ann. § 11-33-33 — MS Code / Title 11 / Chapter 21 / Section 33-33
Miss. Code Ann. § 11-33-33
Status: in_force

When a suit shall have been commenced, the plaintiff may obtain an attachment against the defendant, or one or more of them, on making affidavit and giving bond as required in other cases of attachment, which attachment shall be granted, issued, executed, and returned by the same officers; and the like proceedings as far as applicable, shall be had thereon as in other cases. The affidavit, bond, and writ, when returned, shall be filed with the papers in the original suit, which shall not be delayed thereby.
Miss. Code Ann. § 11-13-21 — MS Code / Title 11 / Chapter 13 / Section 13-21
Miss. Code Ann. § 11-13-21
Status: in_force

When an injunction shall be granted to stay a sale of personal property seized under a deed of trust or mortgage with power of sale, or in any case in which the sale of such property may be enjoined, the judge may order the property to be restored to the plaintiff on his giving bond to the sheriff in such amount and with sufficient sureties as the judge deems proper, payable to the person by whom such property is to be surrendered and conditioned for the return of the property to the person surrendering it, if the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. If not discharged by the delivery, within fifteen (15) days after the dissolution of the injunction, of the property to the person in whose possession it was before said order for the restoration to the plaintiff, execution shall be issued on such bond by the clerk for the value of said property.
Miss. Code Ann. § 11-29-1 — MS Code / Title 11 / Chapter 9 / Section 29-1
Miss. Code Ann. § 11-29-1
Status: in_force

When a bill is filed in the chancery court in reference to personal property, and affidavit and bond as required therefor is made and filed, the clerk of the court shall issue a writ of sequestration.
Miss. Code Ann. § 11-51-59 — MS Code / Title 11 / Chapter 3 / 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. § 11-5-93 — MS Code / Title 11 / Chapter 5 / Section 5-93
Miss. Code Ann. § 11-5-93
Status: in_force

Every sale of real estate ordered by a decree of any court of chancery shall be made for cash, unless otherwise ordered by the court, and at such place and on such notice as may be directed in the decree; and if direction be not given, at such place and on such notice as is required in case of sales of land under execution at law. The person making the sale, if made on credit, shall take bond, with sufficient security, in double the amount of the purchase money, payable to the parties entitled to receive the same under the decree, or to such persons as the court may direct, conditioned for the payment of the purchase money, with interest at the rate borne by the decree, to the time when the same, as directed by the decree, shall fall due. Such bond shall be returned and filed in the clerk's office, and if not paid at maturity, shall have the force and effect of a judgment; and the clerk shall issue execution thereon. If any of the obligees be dead, the execution shall be in favor of the survivors and the representatives of those deceased. And in all decrees for the sale of real estate, the chancellor may fix a sum to be paid on sale, and if the sale be not confirmed, the sum so paid shall be returned to the bidder. If the purchaser fail to pay the amount of his bid or to comply with the decree, the amount advanced shall go to the party entitled to the purchase money, and the land shall be resold.
Miss. Code Ann. § 11-3-31 — MS Code / Title 11 / Chapter 3 / Section 3-31
Miss. Code Ann. § 11-3-31
Status: in_force

On receiving the certificate of the clerk of the Supreme Court of the judgment of that court in any matter, it shall be the duty of the clerk of the court below to issue the proper process to enforce the judgment according to its terms.
Miss. Code Ann. § 11-53-53 — MS Code / Title 11 / Chapter 23 / 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. § 11-37-139 — MS Code / Title 11 / Chapter 1 / Section 37-139
Miss. Code Ann. § 11-37-139
Status: in_force

Where process in any replevin action is by way of a summons in replevin, said cause shall be triable on its merits upon at least five (5) days process upon the defendant, and said cause shall be triable in termtime or in vacation and at such place as the court may direct. In the event it shall appear at the return day that there is secondary service of process, or less than five (5) days process upon the defendant, the court may enter an order resetting said matter for trial on a future date, so as to insure that said cause will not be tried on its merits except upon a resetting on secondary process or except upon at least five (5) days process upon the defendant. In the event of such order resetting said cause for such later date, it shall not be necessary that further process be served upon the defendant.
Miss. Code Ann. § 11-35-25 — MS Code / Title 11 / Chapter 35 / Section 35-25
Miss. Code Ann. § 11-35-25
Status: in_force

(1) Every person duly summoned as a garnishee shall answer on oath as to the following particulars, viz.:

(a) Whether he be indebted to the defendant or were so indebted at the time of the service of the writ on him, or have at any time since been so indebted; and, if so indebted, in what sum, whether due or not, and when due or to become due, and how the debt is evidenced, and what interest it bears;

(b) What effects of the defendant he has or had at the time of the service of the writ on him, or has had since, in his possession or under his control;

(c) Whether he knows or believes that any other person is indebted to the defendant; and, if so, whom, and in what amount, and where he resides; and

(d) Whether he knows or believes that any other person has effects of the defendant in his possession or under his control; and, if so, whom, and where he resides.

(2) In addition to answering as to the particulars in subsection (1) of this section, each person duly summoned as a garnishee in any case in which he be indebted to the defendant for wages, salary or other compensation shall answer on oath as to whether the defendant is an employee of the garnishee and, if so, the time interval between pay periods of the defendant including any specific day of a week or month on which such defendant is regularly paid.
Miss. Code Ann. § 11-17-15 — MS Code / Title 11 / Chapter 3 / Section 17-15
Miss. Code Ann. § 11-17-15
Status: in_force

It is hereby made the duty of the district attorneys and county attorneys in their respective jurisdictions to fully cooperate with the attorney general in the investigation and trial of all cases filed under Sections 11-17-3 through 11-17-17 ; and, at the request of the attorney general, such officers shall investigate the facts involved and file such answers and perform such other reasonable services in connection therewith as the attorney general may request.
Miss. Code Ann. § 11-67-13 — MS Code / Title 11 / Chapter 29 / Section 67-13
Miss. Code Ann. § 11-67-13
Status: in_force

(1) If the plaintiff files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos action and adjust the judgment and order any relief to the parties that the court considers just and proper.

(2) A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one (1) year after the judgment was entered.
Miss. Code Ann. § 11-44-1 — MS Code / Title 11 / Chapter 5 / 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. § 11-5-51 — MS Code / Title 11 / Chapter 3 / Section 5-51
Miss. Code Ann. § 11-5-51
Status: in_force

Where an answer is not necessary in the matters mentioned in Section 11-5-49 , anyone desiring to contest any petition or application may file an answer, or may demur to any petition, and in that way test its sufficiency.
Miss. Code Ann. § 11-27-3 — MS Code / Title 11 / Chapter 25 / Section 27-3
Miss. Code Ann. § 11-27-3
Status: in_force

A special court of eminent domain is hereby created, to consist of a judge, jury, and such other officers and personnel as hereinafter set out, and it shall have and exercise the jurisdiction and powers hereinafter enumerated. The original powers and jurisdiction shall be and is hereby fixed in the county court in each county that has elected to come under the provisions of Section 9-9-1 Mississippi Code of 1972, or that may hereafter come under the provisions of said Section 9-9-1 , and in every other county of this state, the original powers and jurisdiction shall be and is hereby fixed in the circuit court of such county, which said powers and jurisdiction may be exercised in full either in termtime or vacation, or both.
Miss. Code Ann. § 11-35-25 — MS Code / Title 11 / Chapter 23 / Section 35-25
Miss. Code Ann. § 11-35-25
Status: in_force

(1) Every person duly summoned as a garnishee shall answer on oath as to the following particulars, viz.:

(a) Whether he be indebted to the defendant or were so indebted at the time of the service of the writ on him, or have at any time since been so indebted; and, if so indebted, in what sum, whether due or not, and when due or to become due, and how the debt is evidenced, and what interest it bears;

(b) What effects of the defendant he has or had at the time of the service of the writ on him, or has had since, in his possession or under his control;

(c) Whether he knows or believes that any other person is indebted to the defendant; and, if so, whom, and in what amount, and where he resides; and

(d) Whether he knows or believes that any other person has effects of the defendant in his possession or under his control; and, if so, whom, and where he resides.

(2) In addition to answering as to the particulars in subsection (1) of this section, each person duly summoned as a garnishee in any case in which he be indebted to the defendant for wages, salary or other compensation shall answer on oath as to whether the defendant is an employee of the garnishee and, if so, the time interval between pay periods of the defendant including any specific day of a week or month on which such defendant is regularly paid.
Miss. Code Ann. § 11-53-13 — MS Code / Title 11 / Chapter 23 / Section 53-13
Miss. Code Ann. § 11-53-13
Status: in_force

Neither the state, nor any county, city, town, or village, nor any state board, nor any state, county, city, town, or village officer, suing in his official character, shall be required to pay costs before commencing a suit, nor to give security for costs before or after the commencement of a suit.
Miss. Code Ann. § 11-51-49 — MS Code / Title 11 / Chapter 5 / Section 51-49
Miss. Code Ann. § 11-51-49
Status: in_force

Appeal bonds may be executed by a corporation by its authorized agent or attorney, in the name of the corporation, without affixing its corporate seal, and such bond, when so executed by the attorney of record of a corporation, shall be held and conclusively presumed to have been executed by the authority of such corporation.
Miss. Code Ann. § 11-55-5 — MS Code / Title 11 / Chapter 11 / Section 55-5
Miss. Code Ann. § 11-55-5
Status: in_force

(1) Except as otherwise provided in this chapter, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorney's fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including, but not limited to, abuse of discovery procedures available under the Mississippi Rules of Civil Procedure.

(2) No attorney's fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within a reasonable time after the attorney or party filing the action, claim or defense knows or reasonably should have known that it would not prevail on the action, claim or defense.

(3) When a court determines reasonable attorney's fees or costs should be assessed, it shall assess the payment against the offending attorneys or parties, or both, and in its discretion may allocate the payment among them, as it determines most just, and may assess the full amount or any portion to any offending attorney or party.

(4) No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorney's fees unless the court finds that the party clearly knew or reasonably should have known that such party's action, claim or defense or any part of it was without substantial justification.
Miss. Code Ann. § 11-19-57 — MS Code / Title 11 / Chapter 3 / Section 19-57
Miss. Code Ann. § 11-19-57
Status: in_force

The death of a plaintiff or defendant in ejectment shall not cause the action to abate, but it may be continued after timely substitution of parties as prescribed by the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-44-9 — MS Code / Title 11 / Chapter 35 / 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. § 11-33-29 — MS Code / Title 11 / Chapter 3 / 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. § 11-43-27 — MS Code / Title 11 / Chapter 35 / Section 43-27
Miss. Code Ann. § 11-43-27
Status: in_force

Whenever any writ of habeas corpus shall be served upon the sheriff or any other person to whom the same may be directed, or who may be ordered summoned thereby, he shall bring, or permit the officer executing the writ to bring, the body of the prisoner or person detained in custody before the judge who is to try the same, at the time and place designated in the writ, or, in case of the absence of such judge, then before any other judge, and to make return or answer to said writ.
Miss. Code Ann. § 11-67-15 — MS Code / Title 11 / Chapter 25 / 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. § 11-51-45 — MS Code / Title 11 / Chapter 23 / Section 51-45
Miss. Code Ann. § 11-51-45
Status: in_force

In all cases not specially provided for, the supersedeas bond may be made payable to the state. Where it is provided that such bond shall be made payable to the opposite party, it shall not be an objection to the bond that it is not payable to the proper person, but such bond shall be valid and binding on the obligors, and may be proceeded on in all respects as if it were payable as directed by law.
Miss. Code Ann. § 11-53-45 — MS Code / Title 11 / Chapter 39 / 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. § 11-46-19 — MS Code / Title 11 / Chapter 15 / Section 46-19
Miss. Code Ann. § 11-46-19
Status: repealed

(1) The board shall have the following powers:

(a) To provide oversight over the Tort Claims Fund;

(b) To approve any award made from the Tort Claims Fund;

(c) To pay all necessary expenses attributable to the operation of the Tort Claims Fund from such fund;

(d) To assign litigated claims against governmental entities other than political subdivisions to competent attorneys unless such governmental entity has a staff attorney who is competent to represent the governmental entity and is approved by the board; the board shall give primary consideration to attorneys practicing in the jurisdiction where the claim arose in assigning cases; attorneys hired to represent a governmental entity other than a political subdivision shall be paid according to the department fee schedule;

(e) To approve all claimants' attorney fees in claims against the state;

(f) To employ on a full-time basis a staff attorney who shall possess the minimum qualifications required to be a member of The Mississippi Bar, and such other staff as it may deem necessary to carry out the purposes of this chapter; the employees in the positions approved by the board shall be hired by the director, shall be employees of the department, and shall be compensated from the Tort Claims Fund;

(g) To contract with one or more reputable insurance consulting firms as may be necessary;

(h) To purchase any policies of liability insurance and to administer any plan of self-insurance or policies of liability insurance required for the protection of the state against claims and suits brought under this chapter;

(i) To expend money from the Tort Claims Fund for the purchase of any policies of liability insurance and the payment of any award or settlement of a claim against the state under the provisions of this chapter or of a claim against any school district, junior college or community college district, or state agency, arising from the operation of school buses or other vehicles, under the provisions of Section 37-41-42 ;

(j) To cancel, modify or replace any policy or policies of liability insurance procured by the board;

(k) To issue certificates of coverage to governmental entities, including any political subdivision participating in any plan of liability protection approved by the board;

(l) To review and approve or reject any plan of liability insurance or self-insurance reserves proposed or provided by political subdivisions if such plan is intended to serve as security for risks of claims and suits against them for which immunity has been waived under this chapter;

(m) To administer disposition of claims against the Tort Claims Fund;

(n) To withhold issuance of any warrants payable from funds of a participating state entity should such entity fail to make required contributions to the Tort Claims Fund in the time and manner prescribed by the board;

(o) To develop a comprehensive statewide list of attorneys who are qualified to represent the state and any employee thereof named as a defendant in a claim brought under this chapter against the state or such employee;

(p) To develop a schedule of fees for paying attorneys defending claims against the state or an employee thereof;

(q) To adopt and promulgate such reasonable rules and regulations and to do and perform all such acts as are necessary to carry out its powers and duties under this chapter;

(r) To establish and assess premiums to be paid by governmental entities required to participate in the Tort Claims Fund;

(s) To contract with a third-party administrator to process claims against the state under this chapter;

(t) To annually submit its budget request to the Legislature as a state agency;

(u) To dispose of salvage obtained in settlement or payment of any claim at fair market value by such means and upon such terms as the board may think best; and

(v) Repealed.

(2) Policies of liability insurance purchased for the protection of governmental entities against claims and suits brought under this chapter shall be purchased pursuant to the competitive bidding procedures set forth in Section 31-7-13 .

(3) The department shall have the following powers and duties:

(a) To annually report to the Legislature concerning each comprehensive plan of liability protection established pursuant to Section 11-46-17(2) . Such report shall include a comprehensive analysis of the cost of the plan, a breakdown of the cost to participating state entities, and such other information as the department may deem necessary.

(b) To provide the board with any staff and meeting facilities as may be necessary to carry out the duties of the board as provided in this chapter.

(c) To submit the board's budget request for the initial year of operation of the board in order to authorize expenditures for the 1993-1994 fiscal year and for the appropriation of such general funds as shall be required for the commencement of its activities.
Miss. Code Ann. § 11-21-79 — MS Code / Title 11 / Chapter 7 / Section 21-79
Miss. Code Ann. § 11-21-79
Status: in_force

A sale of property ordered by the county court or a justice of the peace, as the case may be, to be made for a division of the proceeds shall be made for cash and on such notice and at such place as sales of like property are made under execution issued by the county court or a justice of the peace, and the money arising from the sale shall be paid to the county court or the justice of the peace, as the case may be, for division among the parties.
Miss. Code Ann. § 11-33-59 — MS Code / Title 11 / Chapter 31 / Section 33-59
Miss. Code Ann. § 11-33-59
Status: in_force

If any defendant in attachment for a debt due shall, at any time before the return thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officer, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay and satisfy any judgment which may be recovered by the plaintiff in the suit, with all costs, the attachment shall be thereby discharged; and all the property of every kind levied on, attached or seized by virtue thereof, shall be released and restored to such defendant. The bond shall be returned with the attachment; and in case of any recovery by the plaintiff in the suit, judgment shall be entered against the defendant and the sureties in the said bond. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff, or officer by whom the attachment was served, in case any of the attached property remains in his hands; otherwise, by the clerk of the court in which the attachment is pending.
Miss. Code Ann. § 11-11-19 — MS Code / Title 11 / Chapter 11 / Section 11-19
Miss. Code Ann. § 11-11-19
Status: in_force

If the judge of the court be a party to or interested in any suit about to be commenced, the suit may be instituted in an adjacent district, and the process may be issued to and served in any county where the defendant may be found; or the suit may be brought as if the judge were not a party to or interested in it.
Miss. Code Ann. § 11-51-11 — MS Code / Title 11 / Chapter 13 / Section 51-11
Miss. Code Ann. § 11-51-11
Status: in_force

(1) A person ordered by any tribunal, except the Supreme Court, to be punished for a contempt, may appeal to the court to which other cases are appealable from said tribunal. Where the punishment is either a fine only, or jail confinement only, the appeal shall be allowed upon the posting of a bond, payable to the state, with sufficient sureties, not exceeding One Thousand Dollars ($1,000.00), conditioned to abide the results of the appeal. Where the punishment is both a fine and jail confinement, the appeal shall be allowed upon the posting of a bond, not exceeding Two Thousand Dollars ($2,000.00), conditioned to appear in the court to which the appeal is prosecuted and to abide the results of such appeal.

(2) The amount of the bonds provided for in subsection (1) of this section shall be fixed by the tribunal appealed from, shall be approved by the sheriff or other officer in whose custody the appellant may be and shall not be construed as a limitation on the amount of any fine which may be imposed.

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

(4) The burden of proof in criminal contempt shall be proof beyond a reasonable doubt. A contemnor shall not be entitled to a jury trial unless the contemnor requests a jury trial and unless the fine exceeds Five Hundred Dollars ($500.00), or the imprisonment exceeds six (6) months.
Miss. Code Ann. § 11-39-23 — MS Code / Title 11 / Chapter 3 / Section 39-23
Miss. Code Ann. § 11-39-23
Status: in_force

When an information is upon the relation of a private individual, it shall be so stated in the petition and proceedings, and such individual shall be responsible for costs as plaintiffs are responsible in other cases.
Miss. Code Ann. § 11-35-45 — MS Code / Title 11 / Chapter 13 / Section 35-45
Miss. Code Ann. § 11-35-45
Status: in_force

If the plaintiff believe that the answer of the garnishee is untrue, or that it is not a full discovery as to the debt due by the garnishee, or as to the property in his possession belonging to the defendant, he shall, at the term when the answer is filed, unless the court grant further time, contest the same, in writing, specifying in what particular he believes the answer to be incorrect. Thereupon, the court shall try the issue at once, unless cause be shown for a continuance, as to the truth of the answer, and shall render judgment upon the facts found, when in plaintiff's favor, as if they had been admitted by the answer, but if the answer be found correct, the garnishee shall have judgment for costs against the plaintiff.
Miss. Code Ann. § 11-51-21 — MS Code / Title 11 / Chapter 19 / Section 51-21
Miss. Code Ann. § 11-51-21
Status: in_force

If the parties summoned to join in the appeal desire to do so, they must comply with the requirements to perfect an appeal as if they had appealed in the first instance, or they shall not be allowed to join in said appeal. Such compliance shall be made within the time required by the Supreme Court, and if a supersedeas bond be filed, may be approved by the Clerk of the Supreme Court, or the clerk of the court from whose judgment the appeal was taken, and certified and filed in the office of the Clerk of the Supreme Court.
Miss. Code Ann. § 11-43-9 — MS Code / Title 11 / Chapter 7 / Section 43-9
Miss. Code Ann. § 11-43-9
Status: in_force

Application for a writ of habeas corpus shall be by petition, in writing, sworn to by the person for whose relief it is intended, or by someone in his behalf, describing where and by whom he is deprived of liberty, and the facts and circumstances of the restraint, with the ground relied on for relief; and the application shall be made to the judge or chancellor of the district in which the relator is imprisoned, unless good cause be shown in the petition to the contrary. However, any petition filed by an inmate of any training school or hospital attacking his commitment for a claimed denial of a fundamental constitutional right under the Constitution of the State of Mississippi or of the United States which would affect his commitment shall be filed in a court of the county from which he was committed. And, if filed in any other court, the judge of that court shall, if he grants the writ, make it returnable to a court of the county from which the relator was committed; and in the case of a person committed by a youth court, not less than five (5) days' notice prior to hearing shall be given to the county attorney or district attorney of the county of commitment.
Miss. Code Ann. § 11-43-23 — MS Code / Title 11 / Chapter 29 / Section 43-23
Miss. Code Ann. § 11-43-23
Status: in_force

The writ of habeas corpus shall be returnable forthwith, or on a particular day within a reasonable time, and at a place to be named by the judge granting the writ. But when granted by a circuit judge or chancellor, on the application of any person in custody, before conviction upon a criminal charge under the laws of this state, the judge or chancellor shall cause the writ to be made returnable at a convenient place in the county in which the offense is alleged to have been committed, unless so doing will interfere with his holding of a term of court.
Miss. Code Ann. § 11-7-211 — MS Code / Title 11 / Chapter 5 / Section 7-211
Miss. Code Ann. § 11-7-211
Status: in_force

Bills of exception, with the approval of the trial judge, may be amended at any time before the hearing on appeal, for the purpose of curing omissions, defects, or inaccuracy; but no such amendment shall be made until the parties interested shall have been given five days' notice of such proposed amendment.
Miss. Code Ann. § 11-49-9 — MS Code / Title 11 / Chapter 19 / Section 49-9
Miss. Code Ann. § 11-49-9
Status: in_force

A court shall not permit more than two attorneys to argue on one side, unless good cause be shown therefor.
Miss. Code Ann. § 11-25-15 — MS Code / Title 11 / Chapter 5 / Section 25-15
Miss. Code Ann. § 11-25-15
Status: in_force

Depositions may be taken to be read on the trial, in the same manner and under the same circumstances as in cases before justices of the peace.
Miss. Code Ann. § 11-21-31 — MS Code / Title 11 / Chapter 1 / 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. § 11-33-19 — MS Code / Title 11 / Chapter 29 / Section 33-19
Miss. Code Ann. § 11-33-19
Status: in_force

The writ shall be in the form or to the effect following, to wit:

“THE STATE OF MISSISSIPPI

“To the sheriff or any constable of __________ county, greeting:

“Whereas, AB (or agent or attorney of AB) hath complained on oath to __________ one of the judges of the Supreme Court (or other officer as the case may be) that CD is justly indebted to the said AB to the amount of __________ and that the said CD is a nonresident, etc. (reciting the affidavit) and bond and security having been given according to the statute:

“We therefore command you that you attach the said CD by his estate, re al and personal, in your county to the value of the said demand and costs of suit, and that you safely keep the same according to law, so as to compel the said CD to appear before the __________ court (or before the court of __________, a justice court judge of __________ county), to be held at __________, in and for the county of __________, on the __________ Monday of __________, to answer the above complaint. And that you summon the said CD, if to be found in your county, to appear and answer accordingly; and have there then this writ, with your proceedings thereon.

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

The writ shall be signed by the officer granting the same or, if issued by a clerk or his deputy, shall be dated, signed and sealed as other writs; and an attachment shall not be quashed or abated for want of form if the substantial matters expressed in the foregoing precedent be contained therein; and on the demand of the plaintiff said writ may embody a garnishment.
Miss. Code Ann. § 11-9-135 — MS Code / Title 11 / Chapter 9 / Section 9-135
Miss. Code Ann. § 11-9-135
Status: in_force

Proceedings in replevin, attachment, trial of a claim to property levied on, and for the enforcement of statutory liens before justices of the peace, shall be, as far as practicable, according to those in the circuit courts, in all like cases.
Miss. Code Ann. § 11-43-45 — MS Code / Title 11 / Chapter 41 / Section 43-45
Miss. Code Ann. § 11-43-45
Status: in_force

The sheriff, when required by the judge or chancellor, shall attend in person, or by deputy, upon the trial of a habeas corpus in his county, to keep order and execute the mandates of the judge or chancellor, and shall be subject to the orders of the judge or chancellor during the trial in vacation in the same manner as in term time. The judge or chancellor trying a habeas corpus in vacation shall have the same power to fine and imprison for contempt as in term time.
Miss. Code Ann. § 11-67-11 — MS Code / Title 11 / Chapter 38 / Section 67-11
Miss. Code Ann. § 11-67-11
Status: in_force

(1) Trust materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. A claim of privilege does not apply to any trust materials or trust governance documents.

(2) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent at the time of asbestos trust identification, including, but not limited to, authorization for release of trust materials or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.

(3) Trust materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents are sufficient to support a jury finding that the plaintiff was exposed to products for which the trust was established to provide compensation and that, under applicable law, such exposure is a substantial contributing factor in causing the plaintiff's injury that is at issue in the asbestos action.
Miss. Code Ann. § 11-33-15 — MS Code / Title 11 / Chapter 21 / Section 33-15
Miss. Code Ann. § 11-33-15
Status: in_force

When it shall appear to the court, on exceptions taken by the defendant or otherwise, that the sureties on any attachment bond are insufficient, the court shall direct the plaintiff to give a new bond with sufficient surety; and such bond shall be as valid, in all respects, as the original bond. If the plaintiff fail to give a new bond within the time required by the court, the attachment shall be dismissed. In all cases where an attachment bond or affidavit may be defective in any respect, or may be lost or destroyed, the plaintiff shall be allowed to file a new affidavit and bond, which shall be, in all respects, as valid and binding as if given at the commencement of the suit.
Miss. Code Ann. § 11-7-7 — MS Code / Title 11 / Chapter 7 / Section 7-7
Miss. Code Ann. § 11-7-7
Status: in_force

Any chose in action or any interest therein, after suit has been filed thereon, may be sold or assigned the same as other property, whether such claim or any interest therein was heretofore assignable under the laws of this state or not. Such sale shall be evidenced by writing signed and acknowledged by the party making the same, which shall be filed with the papers of such suit. After such filing, it shall be the duty of the clerk, in whose office such papers are kept, to make a minute of such sale or transfer on the trial docket where the suit is entered, giving briefly the substance thereof, for which he shall be entitled to a fee of Twenty-five Cents (25¢), to be paid by the party applying therefor. Such transfer when so made and dealt with shall be valid and binding upon all persons thereafter dealing with such claim, whether they have actual notice thereof or not.
Miss. Code Ann. § 11-53-49 — MS Code / Title 11 / Chapter 7 / 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. § 11-43-43 — MS Code / Title 11 / Chapter 21 / Section 43-43
Miss. Code Ann. § 11-43-43
Status: in_force

The judgment rendered on the trial of any writ of habeas corpus shall be conclusive until reversed, and, whilst so in force, shall be a bar to another habeas corpus in the same cause, or to any other proceedings, to bring the same matter again in question, except by appeal or by action for false imprisonment; nor shall any person so discharged be afterward confined for the same cause, except by a court of competent jurisdiction.
Miss. Code Ann. § 11-29-13 — MS Code / Title 11 / Chapter 3 / 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. § 11-39-35 — MS Code / Title 11 / Chapter 9 / Section 39-35
Miss. Code Ann. § 11-39-35
Status: in_force

The chancery court shall require all claims against the funds in the hands of the trustees to be presented and audited in such manner as shall be deemed proper. Notice shall be given to all persons holding such claims to present and have them audited in the same manner as such notice is given in the administration of estates, and all claims not presented and audited within twelve months after the last publication shall be forever barred.
Miss. Code Ann. § 11-57-3 — MS Code / Title 11 / Chapter 46 / 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. § 11-53-69 — MS Code / Title 11 / Chapter 31 / Section 53-69
Miss. Code Ann. § 11-53-69
Status: in_force

The costs accruing upon suits in any court shall not be due until the final determination thereof, and may then be collected by execution; but the judges shall have power to order and adjudge costs and give decrees and judgments thereon in the progress of suits, as heretofore practised in said courts.
Miss. Code Ann. § 11-77-3 — MS Code / Title 11 / Chapter 11 / Section 77-3
Miss. Code Ann. § 11-77-3
Status: in_force

The following words shall have the meanings described herein:

(a) “ Commercial entity ” includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.

(b) “ Distribute ” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.

(c) “ Internet ” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

(d) “ Material harmful to minors ” is defined as all of the following:

(i) Any material that the average person, applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.

(ii) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:

1. Pubic hair, anus, vulva, genitals, or nipple of the female breast.

2. Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals.

3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.

(iii) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

(e) “ Minor ” means any person under the age of eighteen (18) years.

(f) “ News-gathering organization ” means any of the following:

(i) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph, who can provide documentation of such employment with the newspaper, news publication, or news source.

(ii) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subparagraph, who can provide documentation of such employment.

(g) “ Publish ” means to communicate or make information available to another person or entity on a publicly available internet website.

(h) “ Reasonable age verification methods ” include verifying that the person seeking to access the material is eighteen (18) years of age or older by using any of the following methods:

(i) Provide a digitized identification card;

(ii) Require the person attempting to access the material to comply with a commercial age verification system that verifies in one or more of the following ways:

1. Government-issued identification; or

2. Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen (18) years of age or older.

(i) “ Substantial portion ” means more than thirty-three and one-third (33- 1 / 3 ) percent of total material on a website, which meets the definition of “material harmful to minors” as defined by this section.

(j) “ Transactional data ” means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. Transactional data can include, but is not limited to, records from mortgage, education, and employment entities.
Miss. Code Ann. § 11-71-13 — MS Code / Title 11 / Chapter 11 / 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. § 11-62-1 — MS Code / Title 11 / Chapter 33 / Section 62-1
Miss. Code Ann. § 11-62-1
Status: in_force

This chapter shall be known and may be cited as the “Protecting Freedom of Conscience from Government Discrimination Act.”
Miss. Code Ann. § 11-37-129 — MS Code / Title 11 / Chapter 33 / Section 37-129
Miss. Code Ann. § 11-37-129
Status: in_force

If the judgment be for the defendant, the plaintiff and the sureties on the plaintiff's bond shall restore to the defendant the property, if to be had, or pay to him the value thereof and any damages for the wrongful suing out of the writ, as assessed upon writ of inquiry. If the defendant shall have made bond for such property, he and his sureties shall be fully discharged and he may recover any damages from the plaintiff and his sureties for the wrongful suing out of said writ. In case the plaintiff make default in prosecuting the replevin action, or be nonsuited, after seizure under writ of replevin, the defendant may have a writ of inquiry to assess the value of the property, or the damages sustained by the wrongful suing out of the writ, or both, as the case may be; and like judgment shall be rendered upon the finding as upon an issue found for him.
Miss. Code Ann. § 11-33-99 — MS Code / Title 11 / Chapter 33 / 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. § 11-45-9 — MS Code / Title 11 / Chapter 31 / Section 45-9
Miss. Code Ann. § 11-45-9
Status: in_force

In like manner as set forth in Section 11-45-7 , an action may be prosecuted in all cases where property, real or personal, has accrued to the state by any forfeiture or otherwise.
Miss. Code Ann. § 11-53-45 — MS Code / Title 11 / Chapter 35 / 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. § 11-27-3 — MS Code / Title 11 / Chapter 27 / Section 27-3
Miss. Code Ann. § 11-27-3
Status: in_force

A special court of eminent domain is hereby created, to consist of a judge, jury, and such other officers and personnel as hereinafter set out, and it shall have and exercise the jurisdiction and powers hereinafter enumerated. The original powers and jurisdiction shall be and is hereby fixed in the county court in each county that has elected to come under the provisions of Section 9-9-1 Mississippi Code of 1972, or that may hereafter come under the provisions of said Section 9-9-1 , and in every other county of this state, the original powers and jurisdiction shall be and is hereby fixed in the circuit court of such county, which said powers and jurisdiction may be exercised in full either in termtime or vacation, or both.
Miss. Code Ann. § 11-39-39 — MS Code / Title 11 / Chapter 5 / Section 39-39
Miss. Code Ann. § 11-39-39
Status: in_force

It shall be the duty of the trustees, at the first term of the court after the time for presenting claims has elapsed, to make a full and complete report of all claims presented and audited, at which time exception may be taken to the allowance or rejection of any claim, and, if sustained, the report may be corrected. When the report is settled, and the amount of indebtedness ascertained, the court shall order the trustees to pay the debts in the following order:

(a) The compensation to the trustees and others, and expenses incurred in settling the affairs of the corporation, including the payment of the costs in the quo warranto proceedings in the circuit court, and the costs in the chancery court.

(b) Debts due to the state or any county, city, town, or village for taxes or otherwise.

(c) A ratable distribution amongst creditors who have proved their claims, and had them allowed.

(d) The surplus, if any, shall be ratably distributed among the stockholders, according to their respective rights.
Miss. Code Ann. § 11-67-11 — MS Code / Title 11 / Chapter 45 / Section 67-11
Miss. Code Ann. § 11-67-11
Status: in_force

(1) Trust materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. A claim of privilege does not apply to any trust materials or trust governance documents.

(2) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent at the time of asbestos trust identification, including, but not limited to, authorization for release of trust materials or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.

(3) Trust materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents are sufficient to support a jury finding that the plaintiff was exposed to products for which the trust was established to provide compensation and that, under applicable law, such exposure is a substantial contributing factor in causing the plaintiff's injury that is at issue in the asbestos action.
Miss. Code Ann. § 11-17-29 — MS Code / Title 11 / Chapter 9 / Section 17-29
Miss. Code Ann. § 11-17-29
Status: in_force

The owner in possession of any land, or the owner thereof who may be out of possession, if there be no adverse occupancy thereof, may file a bill in the chancery court to have his title confirmed and quieted. The law for notice, process, proceedings, and practice, as provided for confirming and quieting tax titles shall apply, no matter by what tenure the complainant may hold. Unknown and nonresident parties may be made defendants as they are made defendants to proceedings to confirm tax titles. If on the final hearing of any such suit, the court shall be satisfied that the complainant is the real owner of the land, it shall so adjudge, and its decree shall be conclusive evidence of title as determined from the date of the decree as against all parties defendant.
Miss. Code Ann. § 11-27-91 — MS Code / Title 11 / Chapter 23 / Section 27-91
Miss. Code Ann. § 11-27-91
Status: in_force

The highway commission of the State of Mississippi is hereby authorized to set up and maintain such special funds and accounts as it may consider necessary and proper to make the deposits and pay the costs as authorized by Sections 11-27-81 through 11-27-89 , and to pay such judgments as may be entered and such other costs as may be incidental to the acquisition of property for right-of-way purposes. Disbursement from such special funds shall be by check properly drawn against said fund signed by such personnel as may be duly authorized by the highway commission of the State of Mississippi.
Miss. Code Ann. § 11-47-1 — MS Code / Title 11 / Chapter 1 / Section 47-1
Miss. Code Ann. § 11-47-1
Status: in_force

The clerk of the chancery court shall keep in his office, as a public record, a suitable book, to be called the “Lis Pendens Record.”
Miss. Code Ann. § 11-39-3 — MS Code / Title 11 / Chapter 17 / Section 39-3
Miss. Code Ann. § 11-39-3
Status: in_force

The proceedings in the cases set forth in Section 11-39-1 shall be by complaint, in the name of the state, by the Attorney General or a district attorney, on his own motion or on relation of another, and, in a case to try the right to an office, on the relation of the claimant thereof. The complaint shall be filed in the circuit court of the county of the residence of the defendant; or, in the case of an officer, where he acts as such; or, in case of a corporation or pretended corporation, where its principal office or place of business may be or where it may transact any business and has an agent; or, in case of an alien or corporation acquiring or holding land contrary to law, where any of the land is situated.
Miss. Code Ann. § 11-35-55 — MS Code / Title 11 / Chapter 17 / Section 35-55
Miss. Code Ann. § 11-35-55
Status: in_force

Final judgment upon a garnishment shall not go against a surety or accommodation indorser until judgment be rendered against the principal and the cosureties or prior indorsers who may be liable to judgment, if they be residents of the state.
Miss. Code Ann. § 11-51-93 — MS Code / Title 11 / Chapter 43 / Section 51-93
Miss. Code Ann. § 11-51-93
Status: in_force

All cases decided by a justice of the peace, whether exercising general or special jurisdiction, may, within six months thereafter, on good cause shown by petition, supported by affidavit, be removed to the circuit court of the county, by writ of certiorari, which shall operate as a supersedeas, the party, in all cases, giving bond, with security, to be approved by the judge or clerk of the circuit court, as in cases of appeal from justices of the peace; and in any cause so removed by certiorari, the court shall be confined to the examination of questions of law arising or appearing on the face of the record and proceedings. In case of an affirmance of the judgment of the justice, the same judgment shall be given as on appeals. In case of a reversal, the circuit court shall enter up such judgment as the justice ought to have entered, if the same be apparent, or may then try the cause anew on its merits, and may in proper cases enter judgment on the certiorari or appeal bond, and shall, when justice requires it, award restitution. The clerk of the circuit court, on the issuance of a certiorari, shall issue a summons for the party to be affected thereby; and, in case of nonresidents, he may make publication for them as in other cases.
Miss. Code Ann. § 11-53-15 — MS Code / Title 11 / Chapter 9 / Section 53-15
Miss. Code Ann. § 11-53-15
Status: in_force

In suits in the name of the state or any person for the use of another, the usee may be required to secure or pay the costs, and shall be liable therefor; and in no case shall the state, as a nominal plaintiff, be liable for costs.
Miss. Code Ann. § 11-57-1 — MS Code / Title 11 / Chapter 25 / Section 57-1
Miss. Code Ann. § 11-57-1
Status: in_force

This chapter shall be known and may be cited as the “Structured Settlement Protection Act.”
Miss. Code Ann. § 11-73-3 — MS Code / Title 11 / Chapter 47 / Section 73-3
Miss. Code Ann. § 11-73-3
Status: in_force

(1) A defendant who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person is liable to the person trafficked, as provided by this chapter, for damages proximately caused by the trafficking of that person by the defendant or venture.

(2) The occurrence of human trafficking on the property of one not engaged in or benefitting from such human trafficking shall not, in and of itself, subject the property owner to liability under this chapter.

(3) It is not a defense to liability under this chapter that a defendant has been acquitted or has not been prosecuted or convicted under Section 97-3-54.1 or Section 97-3-54.4 , or has been convicted of a different offense or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this chapter.

(4) The cause of action created by this section is in addition to any other remedy provided by common law or statute.

(5) An action under this chapter shall be filed within:

(a) Three (3) years after the cause of action accrued; or

(b) Three (3) years after the claimant reaches the age of majority if at the time the cause of action accrued the claimant was a minor.
Miss. Code Ann. § 11-51-3 — MS Code / Title 11 / Chapter 17 / Section 51-3
Miss. Code Ann. § 11-51-3
Status: in_force

An appeal may be taken to the Supreme Court from any final judgment of a circuit or chancery court in a civil case, not being a judgment by default, by any of the parties or legal representatives of such parties; and in no case shall such appeal be held to vacate the judgment or decree.
Miss. Code Ann. § 11-77-5 — MS Code / Title 11 / Chapter 7 / Section 77-5
Miss. Code Ann. § 11-77-5
Status: in_force

(1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.

(2) Any commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.

(3)(a) Any commercial entity that is found to have violated this section shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court.

(b) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
Miss. Code Ann. § 11-62-1 — MS Code / Title 11 / Chapter 39 / Section 62-1
Miss. Code Ann. § 11-62-1
Status: in_force

This chapter shall be known and may be cited as the “Protecting Freedom of Conscience from Government Discrimination Act.”
Miss. Code Ann. § 11-33-59 — MS Code / Title 11 / Chapter 11 / Section 33-59
Miss. Code Ann. § 11-33-59
Status: in_force

If any defendant in attachment for a debt due shall, at any time before the return thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officer, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay and satisfy any judgment which may be recovered by the plaintiff in the suit, with all costs, the attachment shall be thereby discharged; and all the property of every kind levied on, attached or seized by virtue thereof, shall be released and restored to such defendant. The bond shall be returned with the attachment; and in case of any recovery by the plaintiff in the suit, judgment shall be entered against the defendant and the sureties in the said bond. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff, or officer by whom the attachment was served, in case any of the attached property remains in his hands; otherwise, by the clerk of the court in which the attachment is pending.
Miss. Code Ann. § 11-27-87 — MS Code / Title 11 / Chapter 23 / Section 27-87
Miss. Code Ann. § 11-27-87
Status: in_force

If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of compensation as determined upon final disposition of the case is in excess of the amount of the deposit, the plaintiff shall pay interest to the owner at the rate of eight percent (8%) per annum upon the amount of such excess from the date of the filing of the complaint until payment is actually made. If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of the compensation as determined upon final disposition of the case is less than the amount of the deposit, the plaintiff shall be entitled to a personal judgment against the owner for the amount of the difference.
Miss. Code Ann. § 11-59-13 — MS Code / Title 11 / Chapter 13 / Section 59-13
Miss. Code Ann. § 11-59-13
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Miss. Code Ann. § 11-45-1 — MS Code / Title 11 / Chapter 19 / 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. § 11-23-11 — MS Code / Title 11 / Chapter 17 / Section 23-11
Miss. Code Ann. § 11-23-11
Status: in_force

Upon the return of the execution with the affidavit and bond, if any, the court shall, on motion of the plaintiff in execution, direct an issue to be made up between the parties to try the right of property at the same term, unless good cause be shown for a continuance.
Miss. Code Ann. § 11-39-61 — MS Code / Title 11 / Chapter 21 / 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. § 11-35-3 — MS Code / Title 11 / Chapter 33 / Section 35-3
Miss. Code Ann. § 11-35-3
Status: in_force

If, at the time of issuing a writ of attachment, or thereafter before the attachment issue has been tried, the attaching creditor shall suggest that any person is indebted to the debtor, or has property of the debtor in his hands, or knows of any other person so indebted or who has effects or property of the debtor in his hands, the officer issuing the writ of attachment shall insert therein a command to summon such person to appear on the return day of the attachment, to answer accordingly.
Miss. Code Ann. § 11-19-87 — MS Code / Title 11 / Chapter 9 / 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. § 11-39-7 — MS Code / Title 11 / Chapter 13 / 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. § 11-49-11 — MS Code / Title 11 / Chapter 45 / 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. § 11-33-59 — MS Code / Title 11 / Chapter 3 / Section 33-59
Miss. Code Ann. § 11-33-59
Status: in_force

If any defendant in attachment for a debt due shall, at any time before the return thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officer, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay and satisfy any judgment which may be recovered by the plaintiff in the suit, with all costs, the attachment shall be thereby discharged; and all the property of every kind levied on, attached or seized by virtue thereof, shall be released and restored to such defendant. The bond shall be returned with the attachment; and in case of any recovery by the plaintiff in the suit, judgment shall be entered against the defendant and the sureties in the said bond. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff, or officer by whom the attachment was served, in case any of the attached property remains in his hands; otherwise, by the clerk of the court in which the attachment is pending.
Miss. Code Ann. § 11-51-29 — MS Code / Title 11 / Chapter 1 / Section 51-29
Miss. Code Ann. § 11-51-29
Status: in_force

On appeals from decrees overruling demurrers or other interlocutory orders or decrees, or where the appeal is granted to settle the principles of the case, or on appeals from final judgments of a circuit court in civil cases, or from final decrees of a chancery court including cases where the circuit court or chancery court has acted as an appellate court, the appellant shall prepay all of the costs in the lower court including the cost of the preparation of the record of the proceedings in the trial court, and fee prescribed in Section 25-7-3 , to the clerk of the court from which the appeal is taken.
Miss. Code Ann. § 11-35-35 — MS Code / Title 11 / Chapter 5 / 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.
Miss. Code Ann. § 11-9-115 — MS Code / Title 11 / Chapter 1 / Section 9-115
Miss. Code Ann. § 11-9-115
Status: in_force

The justice court judge before whom any cause is pending shall direct the clerk of the justice court to issue all subpoenas for witnesses which either of the parties may require, and such subpoenas shall be returnable on a day certain, giving reasonable time for attendance. If any witness, duly subpoenaed, shall fail to appear in pursuance of the subpoena, he shall forfeit the sum of ten dollars ($10,00), for the use of the party in whose behalf he was subpoenaed, for which the justice court judge may enter judgment nisi, which shall be made final in case the witness, on being duly subpoenaed to appear and show cause, shall fail to appear and show cause for such default. The justice court may issue an attachment for such witness, as a circuit court may do in like case.
Miss. Code Ann. § 11-57-5 — MS Code / Title 11 / Chapter 9 / Section 57-5
Miss. Code Ann. § 11-57-5
Status: in_force

Not less than three (3) days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) points, setting forth:

(a) The amounts and due dates of the structured settlement payments to be transferred;

(b) The aggregate amount of such payments;

(c) The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the Applicable Federal Rate used in calculating such discounted present value;

(d) The gross advance amount;

(e) An itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursement payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;

(f) The net advance amount;

(g) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

(h) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Miss. Code Ann. § 11-21-77 — MS Code / Title 11 / Chapter 15 / Section 21-77
Miss. Code Ann. § 11-21-77
Status: in_force

If the petitioner make affidavit at the commencement of his suit, or afterwards, of his right as a tenant in common, and that there is danger of the removal of the property, so as to defeat or endanger his right, the county court or the justice of the peace, as the case may be, shall issue a writ for the seizure of the property; and if the person having it in possession will not give a bond with sufficient sureties, approved by the officer executing the writ, conditioned to have the property forthcoming to abide the final order which shall be made in the case, payable to the petitioner, in a sum sufficient to cover his interest in the property, it shall be delivered to petitioner on his giving a bond, payable to the person from whom it was taken, with sufficient sureties, approved as above provided, in a penalty equal to the value of the interest of such person, conditioned to have the property before the county court or the justice of the peace, as the case may be, to abide the final order in the case; but if neither party give the required bond, the property shall remain in the hands of the officer, unless it be perishable or expensive to keep, in which case it shall be sold, as such property seized under attachment is sold, and the proceeds of the sale shall be disposed of according to the rights of the parties.
Miss. Code Ann. § 11-37-125 — MS Code / Title 11 / Chapter 35 / Section 37-125
Miss. Code Ann. § 11-37-125
Status: in_force

All replevin actions, whether followed by writ of replevin as herein provided or by summons, as hereinafter provided, shall be triable in termtime or in vacation, and the court or judge having jurisdiction shall proceed at such hearing to a final determination of the rights of the parties to possession, provided at least five (5) days process has been had upon the defendant.
Miss. Code Ann. § 11-23-17 — MS Code / Title 11 / Chapter 9 / Section 23-17
Miss. Code Ann. § 11-23-17
Status: in_force

If the verdict be in favor of the plaintiff in execution, either on an issue joined or on an inquiry by default, or in case the plaintiff take judgment by default, and elect to take the value as returned by the officer, the court shall render judgment against the claimant and the sureties on his bond, for the restoration of the specific property to the officer, if to be had, and, if not, for the payment of its value not exceeding the amount of the original judgment to the plaintiff, and all costs. If the jury find that the claim was made for fraudulent purposes, or for delay, the judgment shall also award the plaintiff ten per centum damages on the value of the property. If the property be restored to the officer, it shall be sold, under a venditioni exponas to be issued for that purpose, as if the claim had not been made. If bond be not given, and the property or its proceeds be in the hands of the officer, the judgment may be modified accordingly. If the verdict be in favor of the claimant, he shall recover his costs, the levy shall be removed, the claimant shall be discharged from his bond, and the property shall not thereafter be subject to execution on plaintiff's judgment.
Miss. Code Ann. § 11-51-11 — MS Code / Title 11 / Chapter 41 / Section 51-11
Miss. Code Ann. § 11-51-11
Status: in_force

(1) A person ordered by any tribunal, except the Supreme Court, to be punished for a contempt, may appeal to the court to which other cases are appealable from said tribunal. Where the punishment is either a fine only, or jail confinement only, the appeal shall be allowed upon the posting of a bond, payable to the state, with sufficient sureties, not exceeding One Thousand Dollars ($1,000.00), conditioned to abide the results of the appeal. Where the punishment is both a fine and jail confinement, the appeal shall be allowed upon the posting of a bond, not exceeding Two Thousand Dollars ($2,000.00), conditioned to appear in the court to which the appeal is prosecuted and to abide the results of such appeal.

(2) The amount of the bonds provided for in subsection (1) of this section shall be fixed by the tribunal appealed from, shall be approved by the sheriff or other officer in whose custody the appellant may be and shall not be construed as a limitation on the amount of any fine which may be imposed.

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

(4) The burden of proof in criminal contempt shall be proof beyond a reasonable doubt. A contemnor shall not be entitled to a jury trial unless the contemnor requests a jury trial and unless the fine exceeds Five Hundred Dollars ($500.00), or the imprisonment exceeds six (6) months.
Miss. Code Ann. § 11-19-25 — MS Code / Title 11 / Chapter 19 / 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. § 11-63-1 — MS Code / Title 11 / Chapter 46 / 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. § 11-46-15 — MS Code / Title 11 / Chapter 45 / Section 46-15
Miss. Code Ann. § 11-46-15
Status: in_force

(1) In any claim or suit for damages against a governmental entity or its employee brought under the provisions of this chapter, the liability shall not exceed the following for all claims arising out of a single occurrence for all damages permitted under this chapter:

(a) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1993, but before July 1, 1997, the sum of Fifty Thousand Dollars ($50,000.00);

(b) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1997, but before July 1, 2001, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00);

(c) For claims or causes of action arising from acts or omissions occurring on or after July 1, 2001, the sum of Five Hundred Thousand Dollars ($500,000.00).

(2) No judgment against a governmental entity or its employee for any act or omission for which immunity is waived under this chapter shall include an award for exemplary or punitive damages or for interest prior to judgment, or an award of attorney's fees unless attorney's fees are specifically authorized by law.

(3) Except as otherwise provided in Section 11-46-17(4) , in any suit brought under the provisions of this chapter, if the verdict which is returned, when added to costs and any attorney's fees authorized by law, would exceed the maximum dollar amount of liability provided in subsection (1) of this section, the court shall reduce the verdict accordingly and enter judgment in an amount not to exceed the maximum dollar amount of liability provided in subsection (1) of this section.
Miss. Code Ann. § 11-59-5 — MS Code / Title 11 / Chapter 13 / Section 59-5
Miss. Code Ann. § 11-59-5
Status: in_force

(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.

(b) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena under subsection (b) must:

(A) Incorporate the terms used in the foreign subpoena; and

(B) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Miss. Code Ann. § 11-25-119 — MS Code / Title 11 / Chapter 15 / Section 25-119
Miss. Code Ann. § 11-25-119
Status: in_force

A judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action in the circuit court between the same parties, respecting the same land; nor shall any judgment given therein be held conclusive of the facts found in any other action between the same parties.
Miss. Code Ann. § 11-33-73 — MS Code / Title 11 / Chapter 13 / Section 33-73
Miss. Code Ann. § 11-33-73
Status: in_force

When personal property levied upon under an attachment shall not be subject to sale under the provisions of Section 11-33-71 , and the same shall not be replevied by the defendant or claimant within ten days after the levy, the judge or the justice of the peace in whose court the suit may be pending, on the application of any party to the suit, and upon ten days' notice to all other parties to the suit of the time and place of the hearing, may make an order directing the officer having custody of said property to sell the same, as provided by law for such sales, under execution, and the proceeds of said sale shall be held by such officer to abide the result of the suit unless replevied by the defendant or claimant.
Miss. Code Ann. § 11-51-37 — MS Code / Title 11 / Chapter 35 / 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. § 11-51-11 — MS Code / Title 11 / Chapter 17 / Section 51-11
Miss. Code Ann. § 11-51-11
Status: in_force

(1) A person ordered by any tribunal, except the Supreme Court, to be punished for a contempt, may appeal to the court to which other cases are appealable from said tribunal. Where the punishment is either a fine only, or jail confinement only, the appeal shall be allowed upon the posting of a bond, payable to the state, with sufficient sureties, not exceeding One Thousand Dollars ($1,000.00), conditioned to abide the results of the appeal. Where the punishment is both a fine and jail confinement, the appeal shall be allowed upon the posting of a bond, not exceeding Two Thousand Dollars ($2,000.00), conditioned to appear in the court to which the appeal is prosecuted and to abide the results of such appeal.

(2) The amount of the bonds provided for in subsection (1) of this section shall be fixed by the tribunal appealed from, shall be approved by the sheriff or other officer in whose custody the appellant may be and shall not be construed as a limitation on the amount of any fine which may be imposed.

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

(4) The burden of proof in criminal contempt shall be proof beyond a reasonable doubt. A contemnor shall not be entitled to a jury trial unless the contemnor requests a jury trial and unless the fine exceeds Five Hundred Dollars ($500.00), or the imprisonment exceeds six (6) months.
Miss. Code Ann. § 11-51-11 — MS Code / Title 11 / Chapter 23 / Section 51-11
Miss. Code Ann. § 11-51-11
Status: in_force

(1) A person ordered by any tribunal, except the Supreme Court, to be punished for a contempt, may appeal to the court to which other cases are appealable from said tribunal. Where the punishment is either a fine only, or jail confinement only, the appeal shall be allowed upon the posting of a bond, payable to the state, with sufficient sureties, not exceeding One Thousand Dollars ($1,000.00), conditioned to abide the results of the appeal. Where the punishment is both a fine and jail confinement, the appeal shall be allowed upon the posting of a bond, not exceeding Two Thousand Dollars ($2,000.00), conditioned to appear in the court to which the appeal is prosecuted and to abide the results of such appeal.

(2) The amount of the bonds provided for in subsection (1) of this section shall be fixed by the tribunal appealed from, shall be approved by the sheriff or other officer in whose custody the appellant may be and shall not be construed as a limitation on the amount of any fine which may be imposed.

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

(4) The burden of proof in criminal contempt shall be proof beyond a reasonable doubt. A contemnor shall not be entitled to a jury trial unless the contemnor requests a jury trial and unless the fine exceeds Five Hundred Dollars ($500.00), or the imprisonment exceeds six (6) months.
Miss. Code Ann. § 11-44-11 — MS Code / Title 11 / Chapter 25 / 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. § 11-55-13 — MS Code / Title 11 / Chapter 3 / Section 55-13
Miss. Code Ann. § 11-55-13
Status: in_force

If any section, paragraph, sentence, phrase or any part of this chapter shall be held invalid or unconstitutional, such holding shall not affect any other section, paragraph, sentence, clause, phrase or part of this chapter which is not in and of itself invalid or unconstitutional. Moreover, if the application of this chapter, or of any portion of it, to any person or circumstance is held invalid, the invalidity shall not affect the application of this chapter to other persons or circumstances which can be given effect without the invalid provision or application.
Miss. Code Ann. § 11-19-1 — MS Code / Title 11 / Chapter 9 / Section 19-1
Miss. Code Ann. § 11-19-1
Status: in_force

A civil action seeking ejectment as relief may be maintained in all cases where the plaintiff is legally entitled to the possession of the land sued for and demanded.
Miss. Code Ann. § 11-13-15 — MS Code / Title 11 / Chapter 5 / Section 13-15
Miss. Code Ann. § 11-13-15
Status: in_force

All causes in which it is sought to enjoin or delay the collection of any taxes imposed by competent authority shall be preference cases, and tried at the earliest moment compatible with the ends of justice. Upon a dissolution of any such injunction, the chancellor or court ordering it dissolved shall enter a judgment against the person suing out the same and the sureties on his injunction bond, for the amount of the taxes so enjoined and ten percent (10%) thereon, and all costs of suit. Such judgment shall be enforced by execution for the use of the state or county, or both, or of the city, town or village, as the case may require. The said judgment shall be a lien from its date upon the property of the persons against whom it is rendered; and all the property on which the taxes enjoined were assessed shall remain bound by the lien for taxes declared by law, notwithstanding such injunction; and such property may be sold under the execution upon such judgment.
Miss. Code Ann. § 11-35-45 — MS Code / Title 11 / Chapter 7 / Section 35-45
Miss. Code Ann. § 11-35-45
Status: in_force

If the plaintiff believe that the answer of the garnishee is untrue, or that it is not a full discovery as to the debt due by the garnishee, or as to the property in his possession belonging to the defendant, he shall, at the term when the answer is filed, unless the court grant further time, contest the same, in writing, specifying in what particular he believes the answer to be incorrect. Thereupon, the court shall try the issue at once, unless cause be shown for a continuance, as to the truth of the answer, and shall render judgment upon the facts found, when in plaintiff's favor, as if they had been admitted by the answer, but if the answer be found correct, the garnishee shall have judgment for costs against the plaintiff.
Miss. Code Ann. § 11-33-77 — MS Code / Title 11 / Chapter 7 / 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. § 11-33-5 — MS Code / Title 11 / Chapter 17 / 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. § 11-21-29 — MS Code / Title 11 / Chapter 7 / Section 21-29
Miss. Code Ann. § 11-21-29
Status: in_force

The court in which the cause is pending, or the chancellor or judge thereof in vacation, shall fix and allow reasonable compensation for each of the masters, and such compensation shall be taxed and collected as costs in the suit.
Miss. Code Ann. § 11-46-11 — MS Code / Title 11 / Chapter 15 / Section 46-11
Miss. Code Ann. § 11-46-11
Status: in_force

(1) After all procedures within a governmental entity have been exhausted, any person having a claim under this chapter shall proceed as he might in any action at law or in equity, except that at least ninety (90) days before instituting suit, the person must file a notice of claim with the chief executive officer of the governmental entity.

(2)(a) Service of notice of claim shall be made as follows:

(i) For local governments:

1. If the governmental entity is a county, then upon the chancery clerk of the county sued;

2. If the governmental entity is a municipality, then upon the city clerk.

(ii) If the governmental entity to be sued is a state entity as defined in Section 11-46-1(j) , or is a political subdivision other than a county or municipality, service of notice of claim shall be had only upon that entity's or political subdivision's chief executive officer. The chief executive officer of a governmental entity participating in a plan administered by the board pursuant to Section 11-46-7(3) shall notify the board of any claims filed within five (5) days after receipt thereof.

(b) Every notice of claim shall:

(i) Be in writing;

(ii) Be delivered in person or by registered or certified United States mail; and

(iii) Contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought, and the residence of the person making the claim at the time of the injury and at the time of filing the notice.

(3)(a) All actions brought under this chapter shall be commenced within one (1) year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based, and not after, except that filing a notice of claim within the required one-year period will toll the statute of limitations for ninety-five (95) days from the date the chief executive officer of the state entity or the chief executive officer or other statutorily designated official of a political subdivision receives the notice of claim.

(b) No action whatsoever may be maintained by the claimant until the claimant receives a notice of denial of claim or the tolling period expires, whichever comes first, after which the claimant has an additional ninety (90) days to file suit; failure to file within the time allowed is an absolute bar to any further proceedings under this chapter.

(c) All notices of denial of claim shall be served by governmental entities upon claimants by certified mail, return receipt requested, only.

(d)(i) To determine the running of limitations periods under this chapter, service of any notice of claim or notice of denial of claim is effective upon delivery by the methods statutorily designated in this chapter.

(ii) The limitations period provided in this section controls and shall be exclusive in all actions subject to and brought under the provisions of this chapter, notwithstanding the nature of the claim, the label or other characterization the claimant may use to describe it, or the provisions of any other statute of limitations that would otherwise govern the type of claim or legal theory if it were not subject to or brought under the provisions of this chapter.

(4) From and after April 1, 1993, if any person entitled to bring any action under this chapter shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the action within the time allowed in this section after his disability shall be removed as provided by law. The savings in favor of persons under disability of unsoundness of mind shall never extend longer than twenty-one (21) years.
Miss. Code Ann. § 11-57-3 — MS Code / Title 11 / Chapter 39 / 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. § 11-63-1 — MS Code / Title 11 / Chapter 17 / 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. § 11-37-131 — MS Code / Title 11 / Chapter 29 / Section 37-131
Miss. Code Ann. § 11-37-131
Status: in_force

If any person, his agent or attorney, shall desire to institute an action of replevin without the necessity of posting bond, and without requesting the immediate seizure of the property in question, he shall file a declaration under oath setting forth those matters shown in subparagraphs (a) through (e) of Section 11-37-101 and shall present such pleadings to a judge of the Supreme Court, a judge of the circuit court, a chancellor, a county judge, a justice of the peace or other duly elected judge, and such judge shall issue a fiat directing the clerk of such court, or a deputy clerk, to issue a summons to the defendant, to appear before a court or judge having jurisdiction, as determined by the value of the property as alleged in the declaration, and as outlined in Section 11-37-101 , with said process being returnable in termtime or in vacation, upon at least five (5) days' notice, summoning the defendant to appear for a final hearing to determine the rights of the parties as to possession, and upon such final hearing the court shall enter judgment accordingly.
Miss. Code Ann. § 11-25-115 — MS Code / Title 11 / Chapter 11 / Section 25-115
Miss. Code Ann. § 11-25-115
Status: in_force

In case of forfeiture under contract of purchase, the purchaser, and in case of foreclosure of deeds in trust or mortgages, the mortgagor shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit; and shall, after eviction therefrom have the right to enter thereon for the purpose of completing the cultivation and removing the crops, first paying or tendering to the party entitled to the possession a reasonable compensation for the use of the land. The court may, on demand of the defendant, adjudge the sum to be paid or tendered.
Miss. Code Ann. § 11-33-71 — MS Code / Title 11 / Chapter 29 / Section 33-71
Miss. Code Ann. § 11-33-71
Status: in_force

When goods and chattels levied upon under an attachment are in danger of immediate waste and decay, or when live stock, or a stock of goods of any kind, is so levied upon, and the same is not replevied by the defendant or claimant, the officer holding them may sell them as like property is required to be sold under execution. The proceeds of such sale shall be held by the officer to abide the result of the suit, unless replevied. The owner of such goods may replevy the same, as in other cases, at any time before sale, and after sale, the money. If the term of court to which the writ of attachment is returnable commences within fifteen days of the levy, none of the property, except such as may be in danger of immediate waste and decay, shall be sold until after the court is held; and if the cause be continued, the property may then be sold.
Miss. Code Ann. § 11-51-83 — MS Code / Title 11 / Chapter 33 / Section 51-83
Miss. Code Ann. § 11-51-83
Status: in_force

Either party aggrieved by the judgment of the justices rendered in a case of unlawful entry and detainer, may, after final judgment, appeal to the circuit court of the county, within five days after the rendition of the judgment, by entering into bond with sufficient sureties, to be approved by the justice before whom the complaint was made, or in his absence before another justice, who tried the case, in a penalty double the amount of the rent recovered, but never less than Two Hundred Dollars ($200.00), payable to the opposite party, conditioned for the payment of such judgment as the circuit court may render against him. Such appeal shall operate as a supersedeas. The justice shall send to the circuit court all the papers and proceedings, and a transcript of all orders and judgments in said cause, and shall deliver the same to the clerk of the circuit court, to be there docketed for trial. The circuit court shall, at the first term, hear and determine the cause anew on its merits, in a summary way. On the trial in the circuit court, the plaintiff may claim for all arrears of rent due at the time of such trial, or for the use and occupation of the premises up to that time. The court shall cause judgment to be entered against the defendant and his sureties on the appeal bond, for the amount found to be due, and award a fieri facias thereon, with legal interest and all costs; but the judgment against the surety shall not exceed the penalty of the appeal bond.
Miss. Code Ann. § 11-33-51 — MS Code / Title 11 / Chapter 11 / Section 33-51
Miss. Code Ann. § 11-33-51
Status: in_force

Where the amount demanded in an untried prior attachment, or the judgment, if the same be tried, shall equal or exceed the value of the property replevied, an execution or other process shall not be issued against the sureties on the replevin bond on a judgment in a subsequent attachment, unless the prior attachment fails, or the judgment therein be satisfied otherwise than by the proceeds of the property replevied.
Miss. Code Ann. § 11-53-71 — MS Code / Title 11 / Chapter 5 / Section 53-71
Miss. Code Ann. § 11-53-71
Status: in_force

The clerk of the circuit court is required to tax in the bill of costs, after final judgment, all the costs that accrued on the trial before a justice of the peace, or before any other inferior tribunal or court, in all cases carried to the circuit court by appeal or by certiorari, and include the same in the execution issued for the costs accruing in the case in the circuit court.
Miss. Code Ann. § 11-43-43 — MS Code / Title 11 / Chapter 33 / Section 43-43
Miss. Code Ann. § 11-43-43
Status: in_force

The judgment rendered on the trial of any writ of habeas corpus shall be conclusive until reversed, and, whilst so in force, shall be a bar to another habeas corpus in the same cause, or to any other proceedings, to bring the same matter again in question, except by appeal or by action for false imprisonment; nor shall any person so discharged be afterward confined for the same cause, except by a court of competent jurisdiction.
Miss. Code Ann. § 11-77-3 — MS Code / Title 11 / Chapter 38 / Section 77-3
Miss. Code Ann. § 11-77-3
Status: in_force

The following words shall have the meanings described herein:

(a) “ Commercial entity ” includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.

(b) “ Distribute ” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.

(c) “ Internet ” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

(d) “ Material harmful to minors ” is defined as all of the following:

(i) Any material that the average person, applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.

(ii) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:

1. Pubic hair, anus, vulva, genitals, or nipple of the female breast.

2. Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals.

3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.

(iii) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

(e) “ Minor ” means any person under the age of eighteen (18) years.

(f) “ News-gathering organization ” means any of the following:

(i) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph, who can provide documentation of such employment with the newspaper, news publication, or news source.

(ii) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subparagraph, who can provide documentation of such employment.

(g) “ Publish ” means to communicate or make information available to another person or entity on a publicly available internet website.

(h) “ Reasonable age verification methods ” include verifying that the person seeking to access the material is eighteen (18) years of age or older by using any of the following methods:

(i) Provide a digitized identification card;

(ii) Require the person attempting to access the material to comply with a commercial age verification system that verifies in one or more of the following ways:

1. Government-issued identification; or

2. Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen (18) years of age or older.

(i) “ Substantial portion ” means more than thirty-three and one-third (33- 1 / 3 ) percent of total material on a website, which meets the definition of “material harmful to minors” as defined by this section.

(j) “ Transactional data ” means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. Transactional data can include, but is not limited to, records from mortgage, education, and employment entities.
Miss. Code Ann. § 11-67-7 — MS Code / Title 11 / Chapter 41 / Section 67-7
Miss. Code Ann. § 11-67-7
Status: in_force

(1) Within thirty (30) days after an asbestos action is filed, or by August 1, 2017, whichever is later, the plaintiff shall do all of the following:

(a) Provide the court and parties with a sworn statement signed by the plaintiff, under penalties of perjury, that all asbestos trust claims that can be made by the plaintiff have been filed and that includes the following:

(i) A statement that an investigation of all asbestos trust claims has been conducted;

(ii) A list identifying each asbestos trust claim that has been filed by the plaintiff;

(iii) A list identifying each asbestos trust claim that can be made by the plaintiff, which has not been filed for the sole permissible reason that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery; and

(iv) Whether there has been a request to defer, delay, suspend, toll, withdraw, or otherwise alter the standing of any asbestos trust claim, and provide the status and disposition of each asbestos trust claim.

(b) Provide all parties with all trust materials, including trust materials that relate to conditions other than those that are the basis for the asbestos action and including all trust materials from all law firms connected to the plaintiff in relation to exposure to asbestos, including anyone at a law firm involved in the asbestos action, any referring law firm, and any other firm that has filed an asbestos trust claim for the plaintiff. Documents should be accompanied by a custodial affidavit from the asbestos trust, certifying that the trust materials submitted to defendants are true and complete.

(c) If the plaintiff's asbestos trust claim is based on secondary exposure to asbestos through another individual or individuals, the plaintiff shall produce all trust materials submitted by the other individual or individuals to any asbestos trusts if the materials are available to the plaintiff or the plaintiff's counsel.

(2) The plaintiff has a continuing duty to supplement the information and materials required under subsection (1) and the supplementation shall be made no later than thirty (30) days after the plaintiff supplements an existing asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional asbestos trust claim.

(3) The court may dismiss the asbestos action if the plaintiff fails to comply with this section.

(4) An asbestos action may not be set for trial until at least one hundred eighty (180) days after the requirements of subsection (1) are met.

(5) Not less than thirty (30) days before trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff.
Miss. Code Ann. § 11-37-101 — MS Code / Title 11 / Chapter 27 / 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. § 11-53-45 — MS Code / Title 11 / Chapter 51 / 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. § 11-27-23 — MS Code / Title 11 / Chapter 15 / Section 27-23
Miss. Code Ann. § 11-27-23
Status: in_force

In the trial of all cases provided for herein, nine (9) jurors may bring in a verdict as in other civil cases. The verdict of the jury shall be in the following form: “We, the jury, find that the defendant (naming him) will be damaged by the acquisition of his property for the public use, in the sum of __________ Dollars.”
Miss. Code Ann. § 11-21-5 — MS Code / Title 11 / Chapter 11 / Section 21-5
Miss. Code Ann. § 11-21-5
Status: in_force

Any of the parties in interest, whether infants or adults, may institute proceedings for the partition of lands or for a partition sale thereof, by judgment of court as herein provided, except that if the court determines that the property is heir property under the Uniform Partition of Heir Property Act, then such partition or sale must comply with the provisions of Title 91, Chapter 31, Mississippi Code of 1972 . All persons in interest must be made parties except (a) in cases where a part of the freehold is owned by persons owning a life estate therein or a life tenancy therein subject to the rights of remaindermen or reversioners, then, in such event, it shall only be necessary that the person or persons owning or claiming a life estate or life tenancy therein be made parties; and (b) in cases where the partition is for the surface of the land only, it shall not be necessary that persons owning divided or undivided interests in the minerals in the land be made parties unless such persons also have an interest in the surface of the land. An infant, or person of unsound mind, may sue by next friend as in other cases; but if the infant, or non compos mentis, have a guardian, the guardian must appear as next friend, unless good cause to the contrary be shown. Where an infant or non compos is made a party defendant, the guardian, if any, of such infant or non compos shall also be made a party, whether the infant or non compos be resident or nonresident and whether the guardian be a resident or a nonresident; and the said guardian may appear and answer the complaint. The summons to the defendants, including the guardian aforesaid, shall be made pursuant to the Mississippi Rules of Civil Procedure. The word “guardian,” where used in this section, shall be held to apply also to all persons who, under the laws of any other state or country, stand in that relation whether known as curator, tutor, committee or conservator, or by whatever other name or title such person may be known.
Miss. Code Ann. § 11-35-1 — MS Code / Title 11 / Chapter 19 / Section 35-1
Miss. Code Ann. § 11-35-1
Status: in_force

On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the state, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summon such person, the state, county, municipality, school district, board or other political subdivision thereof, as the case may be, as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly.
Miss. Code Ann. § 11-15-3 — MS Code / Title 11 / Chapter 5 / Section 15-3
Miss. Code Ann. § 11-15-3
Status: in_force

A person shall not act as an arbitrator where he is interested in the subject matter in dispute, nor where he is related, by consanguinity or affinity, to any of the parties to the arbitration.
Miss. Code Ann. § 11-25-15 — MS Code / Title 11 / Chapter 21 / Section 25-15
Miss. Code Ann. § 11-25-15
Status: in_force

Depositions may be taken to be read on the trial, in the same manner and under the same circumstances as in cases before justices of the peace.
Miss. Code Ann. § 11-67-1 — MS Code / Title 11 / Chapter 61 / 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. § 11-25-13 — MS Code / Title 11 / Chapter 7 / Section 25-13
Miss. Code Ann. § 11-25-13
Status: in_force

At any time after the warrant is issued, the clerk of the justice court or the justice court judge to whom the case is assigned may, upon application of either party, issue subpoenas for witnesses, requiring them to attend court before the justice court judge to whom the case is assigned at the time appointed, to give evidence on the trial.
Miss. Code Ann. § 11-51-89 — MS Code / Title 11 / Chapter 3 / 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. § 11-21-7 — MS Code / Title 11 / Chapter 21 / Section 21-7
Miss. Code Ann. § 11-21-7
Status: in_force

Except as otherwise provided herein, the proceedings for partition shall be instituted and conducted as other suits in chancery; and all ex parte petitions may be heard and determined by the chancellor in term time or in vacation.
Miss. Code Ann. § 11-75-1 — MS Code / Title 11 / Chapter 35 / 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. § 11-37-145 — MS Code / Title 11 / Chapter 7 / 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. § 11-51-73 — MS Code / Title 11 / Chapter 21 / 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. § 11-51-45 — MS Code / Title 11 / Chapter 46 / Section 51-45
Miss. Code Ann. § 11-51-45
Status: in_force

In all cases not specially provided for, the supersedeas bond may be made payable to the state. Where it is provided that such bond shall be made payable to the opposite party, it shall not be an objection to the bond that it is not payable to the proper person, but such bond shall be valid and binding on the obligors, and may be proceeded on in all respects as if it were payable as directed by law.
Miss. Code Ann. § 11-51-33 — MS Code / Title 11 / Chapter 25 / Section 51-33
Miss. Code Ann. § 11-51-33
Status: in_force

To enable the clerk to determine the value or amount of the matter in controversy, or the value of rents, where the same shall not appear by the proceedings in the cause, he may examine the parties and other persons, on oath. He may also examine, on oath, all persons who may be offered as sureties on any supersedeas bond, touching their sufficiency as such sureties, and require the examination to be put in writing and signed by such persons.
Miss. Code Ann. § 11-45-25 — MS Code / Title 11 / Chapter 38 / Section 45-25
Miss. Code Ann. § 11-45-25
Status: in_force

A municipality may sue and be sued by its corporate name. Suits against any municipality shall be instituted in the county in which such municipality is situated, where such actions are brought in the circuit or chancery or county courts, and where such municipality is wholly situated in one (1) county. In a case where a county has two (2) judicial districts, such suits shall be brought in the judicial district in which the municipality or its principal office is located. In cases where a municipality is located in two (2) counties, such suits shall be brought in the county in which the principal office of the municipality is located. As to justice court actions, the same shall be brought in the county in which the municipality or its principal office is located.
Miss. Code Ann. § 11-51-31 — MS Code / Title 11 / Chapter 46 / Section 51-31
Miss. Code Ann. § 11-51-31
Status: in_force

(1) A supersedeas shall not be granted in any case pending before the Supreme Court, unless the party applying for it shall give bond as required by the Rules of the Supreme Court.

(2) In civil litigation under any legal theory, the appeal bond to be furnished during the pendency of all appeals or discretionary reviews by any appellate courts in order to stay the execution of any judgment granting legal, equitable, or other relief during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total appeal bond or other forms of security that are required of an appellant shall be in the amount of the judgment, but not to exceed fifty percent (50%) of the net worth of the appellant, and in no event shall the appeal bond exceed Thirty-five Million Dollars ($35,000,000.00).

(3) Notwithstanding subsection (2) of this section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that:

(a) Are necessary to protect the appellee; and

(b) Require the appellant to post a bond in an amount up to the total amount of the judgment.

(4) In this section:

(a) “ Civil litigation ” includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.

(b) “ Legal, equitable, or other relief ” means all forms of relief including, without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief.

(c) “Dissipation of assets” shall not include expenditures, including payments to the owners of a business, of a kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.

(5) The provisions of this section shall apply to all judgments entered on or after July 1, 2016, regardless of the date the civil litigation was filed.
Miss. Code Ann. § 11-51-23 — MS Code / Title 11 / Chapter 13 / 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. § 11-21-35 — MS Code / Title 11 / Chapter 13 / Section 21-35
Miss. Code Ann. § 11-21-35
Status: in_force

The final judgment of the chancery court in partition proceedings shall ascertain and settle the rights of all parties; and it, and the judgment confirming the partition, shall constitute an instrument of evidence in all questions as to the title of the lands which may be the subject of the judgment, in all courts, and shall be conclusive as to the rights of all parties to the suit, and subject to motions and other post trial review, as in other suits, and to a repartition as provided.
Miss. Code Ann. § 11-67-5 — MS Code / Title 11 / Chapter 65 / 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. § 11-25-117 — MS Code / Title 11 / Chapter 7 / 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. § 11-51-87 — MS Code / Title 11 / Chapter 29 / Section 51-87
Miss. Code Ann. § 11-51-87
Status: in_force

The justice court judge may prepare and certify his record to the following effect, viz.:

“Copy of the record of the proceedings before __________, a justice court judge of __________ county, in the case therein set forth, to wit: (here copy the entries on the docket and certify as follows, viz.:)

“State of Mississippi, __________ County:

“I, __________, a justice court judge of the said county, certify that the foregoing is a copy of the record of the proceedings before me in the case stated therein, as appears on my docket.

“Given under my hand, this the ___ day of __________, A.D. __________.
Miss. Code Ann. § 11-46-15 — MS Code / Title 11 / Chapter 5 / Section 46-15
Miss. Code Ann. § 11-46-15
Status: in_force

(1) In any claim or suit for damages against a governmental entity or its employee brought under the provisions of this chapter, the liability shall not exceed the following for all claims arising out of a single occurrence for all damages permitted under this chapter:

(a) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1993, but before July 1, 1997, the sum of Fifty Thousand Dollars ($50,000.00);

(b) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1997, but before July 1, 2001, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00);

(c) For claims or causes of action arising from acts or omissions occurring on or after July 1, 2001, the sum of Five Hundred Thousand Dollars ($500,000.00).

(2) No judgment against a governmental entity or its employee for any act or omission for which immunity is waived under this chapter shall include an award for exemplary or punitive damages or for interest prior to judgment, or an award of attorney's fees unless attorney's fees are specifically authorized by law.

(3) Except as otherwise provided in Section 11-46-17(4) , in any suit brought under the provisions of this chapter, if the verdict which is returned, when added to costs and any attorney's fees authorized by law, would exceed the maximum dollar amount of liability provided in subsection (1) of this section, the court shall reduce the verdict accordingly and enter judgment in an amount not to exceed the maximum dollar amount of liability provided in subsection (1) of this section.
Miss. Code Ann. § 11-71-7 — MS Code / Title 11 / Chapter 57 / 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. § 11-43-51 — MS Code / Title 11 / Chapter 27 / Section 43-51
Miss. Code Ann. § 11-43-51
Status: in_force

Witnesses in a habeas corpus case shall be subject to the same penalties, and be entitled to the same privileges and compensation, and be paid in the same way, as in other cases. They may prove their attendance before the clerk in whose office the record of the proceeding is filed, and obtain from him a certificate of their attendance and of the compensation to which they are entitled, as in cases in the circuit courts; or the judge trying the case may give the witnesses certificates of their attendance and the compensation to which they are entitled, which shall have the same effect as such certificates in a like case by the clerk.
Miss. Code Ann. § 11-51-9 — MS Code / Title 11 / Chapter 21 / Section 51-9
Miss. Code Ann. § 11-51-9
Status: in_force

The final decrees of chancery courts, and interlocutory orders or decrees named in this chapter, include such final or interlocutory decrees as may be made in matters testamentary and of administration, and in minors' business, and in cases of persons of unsound mind, unless it be otherwise expressly provided by a statute applicable to such cases.
Miss. Code Ann. § 11-53-25 — MS Code / Title 11 / Chapter 9 / 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. § 11-15-3 — MS Code / Title 11 / Chapter 3 / Section 15-3
Miss. Code Ann. § 11-15-3
Status: in_force

A person shall not act as an arbitrator where he is interested in the subject matter in dispute, nor where he is related, by consanguinity or affinity, to any of the parties to the arbitration.
Miss. Code Ann. § 11-49-7 — MS Code / Title 11 / Chapter 21 / Section 49-7
Miss. Code Ann. § 11-49-7
Status: in_force

Every attorney or counselor at law, practicing in any court in this state, shall be allowed, at all reasonable times, to inspect the papers and records relating to any suit in such court in which he may be concerned as attorney or counsel, without being compelled to take copies thereof. A clerk of any court may permit an attorney to take out of the office the papers in which he is interested, under such regulations as the court or the law may prescribe.
Miss. Code Ann. § 11-75-1 — MS Code / Title 11 / Chapter 62 / 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. § 11-43-45 — MS Code / Title 11 / Chapter 11 / Section 43-45
Miss. Code Ann. § 11-43-45
Status: in_force

The sheriff, when required by the judge or chancellor, shall attend in person, or by deputy, upon the trial of a habeas corpus in his county, to keep order and execute the mandates of the judge or chancellor, and shall be subject to the orders of the judge or chancellor during the trial in vacation in the same manner as in term time. The judge or chancellor trying a habeas corpus in vacation shall have the same power to fine and imprison for contempt as in term time.
Miss. Code Ann. § 11-21-7 — MS Code / Title 11 / Chapter 15 / Section 21-7
Miss. Code Ann. § 11-21-7
Status: in_force

Except as otherwise provided herein, the proceedings for partition shall be instituted and conducted as other suits in chancery; and all ex parte petitions may be heard and determined by the chancellor in term time or in vacation.
Miss. Code Ann. § 11-53-53 — MS Code / Title 11 / Chapter 45 / 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. § 11-57-11 — MS Code / Title 11 / Chapter 23 / Section 57-11
Miss. Code Ann. § 11-57-11
Status: in_force

(1) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.

(2) Not less than twenty (20) days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 11-57-7 , the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with such notice:

(a) A copy of the transferee's application;

(b) A copy of the transfer agreement;

(c) A copy of the disclosure statement required under Section 11-57-5 ;

(d) A listing of each of the payee's dependents, together with each dependent's age;

(e) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

(f) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed which shall be not less than fifteen (15) days after service of the transferee's notice in order to be considered by the court or responsible administrative authority.
Miss. Code Ann. § 11-62-9 — MS Code / Title 11 / Chapter 13 / Section 62-9
Miss. Code Ann. § 11-62-9
Status: in_force

(1) A person may assert a violation of this chapter as a claim against the state government in any judicial or administrative proceeding or as defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person or any other party.

(2) An action under this chapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(3) Violations of this chapter which are properly governed by Chapter 46, Title 11, Mississippi Code of 1972 , shall be brought in accordance with that chapter.
Miss. Code Ann. § 11-33-93 — MS Code / Title 11 / Chapter 21 / Section 33-93
Miss. Code Ann. § 11-33-93
Status: in_force

In determining the amount for which judgment shall be rendered on the merits in favor of plaintiff whose debt is not due, interest shall not be computed on the principal for a time beyond the rendition of the judgment; and if the debt do not bear interest until a future day, the principal shall be discounted for the time to elapse before interest begins, at the rate at which the debt will bear interest. Such judgments shall be enforced as in other cases.
Miss. Code Ann. § 11-19-9 — MS Code / Title 11 / Chapter 15 / Section 19-9
Miss. Code Ann. § 11-19-9
Status: in_force

Every tenant sued in a civil action seeking ejectment as relief shall forthwith give notice thereof to his landlord, under penalty of three (3) years' rent of the premises, to be recovered by the landlord or his representatives in a civil action. The landlord of such tenant, or any other proper person, shall, by leave of the court or judge, be admitted to appear and defend the action in all cases where the same would have been allowed heretofore, and either separately or jointly with the tenant. Any person admitted to defend as landlord in respect of property whereof he is in possession only by his tenant, shall state in his answer that he defends as such landlord, and such person shall be allowed to set up any defense he has heretofore been allowed to set up, and no other. Any judgment in such action shall have the same effect for or against such person so admitted to defend as if he had been named in the complaint and regularly served with process.
Miss. Code Ann. § 11-51-21 — MS Code / Title 11 / Chapter 13 / Section 51-21
Miss. Code Ann. § 11-51-21
Status: in_force

If the parties summoned to join in the appeal desire to do so, they must comply with the requirements to perfect an appeal as if they had appealed in the first instance, or they shall not be allowed to join in said appeal. Such compliance shall be made within the time required by the Supreme Court, and if a supersedeas bond be filed, may be approved by the Clerk of the Supreme Court, or the clerk of the court from whose judgment the appeal was taken, and certified and filed in the office of the Clerk of the Supreme Court.
Miss. Code Ann. § 11-59-1 — MS Code / Title 11 / Chapter 47 / 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. § 11-33-95 — MS Code / Title 11 / Chapter 29 / Section 33-95
Miss. Code Ann. § 11-33-95
Status: in_force

The judgment in favor of the defendant against the plaintiff for the damages assessed and the costs may be pleaded by the defendant as a payment in the same action, or in any other suit on the same cause of action on which the attachment was sued out. An execution shall not be issued on such judgment until after the dismissal of the action or final judgment on the merits. If the action be dismissed, or if, upon a trial on the merits, judgment be in favor of the defendant, without his having obtained the benefit of the judgment in his favor for damages and costs, he shall have execution of said judgment in his favor. If the plaintiff recover in the trial on the merits, and on such trial the defendant did not avail of his judgment against the plaintiff for damages and costs, the greater recovery shall be credited with the sum of the smaller, and judgment shall be rendered by the court in favor of the party to whom the difference may be due.
Miss. Code Ann. § 11-69-1 — MS Code / Title 11 / Chapter 21 / 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. § 11-9-1 — MS Code / Title 11 / Chapter 7 / Section 9-1
Miss. Code Ann. § 11-9-1
Status: in_force

Whenever under any statute a writ is made returnable to, or the institution of any suit or proceeding is required to be in, a justice court, general or special, or a circuit or chancery court, or when in respect to such matters any justice court judge, or clerk, or judge or chancellor, or other officer, is empowered to do any act in or about any of said courts, the said writs may be made returnable to the county court in any cause or matter there pending or which, within its jurisdiction, is there to be instituted, and all the said acts of the officers aforesaid may be done in behalf of or in respect to the county court in all such matters and causes to the same extent as had the county court been expressly included in each and every of such statutes first aforementioned.
Miss. Code Ann. § 11-21-81 — MS Code / Title 11 / Chapter 1 / Section 21-81
Miss. Code Ann. § 11-21-81
Status: in_force

A person aggrieved may appeal from the judgment of the county court or the justice of the peace, as the case may be, in refusing or ordering a sale or partition, or in making partition, or from any final action of the county court or the justice of the peace, as the case may be, as in any other civil case decided by the county court or a justice of the peace. On appeal, the circuit court may give such judgment as may be right.
Miss. Code Ann. § 11-37-147 — MS Code / Title 11 / Chapter 17 / Section 37-147
Miss. Code Ann. § 11-37-147
Status: in_force

All replevin actions shall be tried by the court without a jury, unless one (1) of the parties thereto shall file a written request for a jury trial.
Miss. Code Ann. § 11-51-57 — MS Code / Title 11 / Chapter 27 / Section 51-57
Miss. Code Ann. § 11-51-57
Status: in_force

When the appellee's residence is unknown, and he has no attorney in this state, notice of the appeal may be published in the manner provided for by the Mississippi Rules of Civil Procedure for service by publication upon such persons, and the Supreme Court, being satisfied thereof, may hear and determine the appeal as if a summons had been duly served on the appellee.
Miss. Code Ann. § 11-23-25 — MS Code / Title 11 / Chapter 9 / Section 23-25
Miss. Code Ann. § 11-23-25
Status: in_force

If the claim be interposed in a court of a justice of the peace, on filing the affidavit and bond, or the affidavit, if a bond be not given, the justice shall fix a day for the trial, and give notice thereof to the parties.
Miss. Code Ann. § 11-71-13 — MS Code / Title 11 / Chapter 7 / 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. § 11-19-19 — MS Code / Title 11 / Chapter 5 / Section 19-19
Miss. Code Ann. § 11-19-19
Status: in_force

The defendants, or any of them, shall be allowed to answer or otherwise defend the action, either jointly or separately. The answer, if the defendant do not admit the plaintiff's title, shall be “not guilty,” which shall be filed within the like time as required in personal actions; and under said answer the defendant may give in evidence any lawful defense to the action not inconsistent with the other provisions of this chapter. Any defendant may defend for a part only of the premises in question; and in such case the part shall be described in the answer with the same certainty required in the complaint.
Miss. Code Ann. § 11-73-9 — MS Code / Title 11 / Chapter 49 / Section 73-9
Miss. Code Ann. § 11-73-9
Status: in_force

This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.
Miss. Code Ann. § 11-71-9 — MS Code / Title 11 / Chapter 13 / Section 71-9
Miss. Code Ann. § 11-71-9
Status: in_force

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

(1) A person who designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19 shall be immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by a qualified product.

(2) A person who designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 outside the ordinary course of the person's business shall be immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by the disinfecting or cleaning supplies or personal protective equipment.
Miss. Code Ann. § 11-43-27 — MS Code / Title 11 / Chapter 29 / Section 43-27
Miss. Code Ann. § 11-43-27
Status: in_force

Whenever any writ of habeas corpus shall be served upon the sheriff or any other person to whom the same may be directed, or who may be ordered summoned thereby, he shall bring, or permit the officer executing the writ to bring, the body of the prisoner or person detained in custody before the judge who is to try the same, at the time and place designated in the writ, or, in case of the absence of such judge, then before any other judge, and to make return or answer to said writ.
Miss. Code Ann. § 11-43-23 — MS Code / Title 11 / Chapter 9 / Section 43-23
Miss. Code Ann. § 11-43-23
Status: in_force

The writ of habeas corpus shall be returnable forthwith, or on a particular day within a reasonable time, and at a place to be named by the judge granting the writ. But when granted by a circuit judge or chancellor, on the application of any person in custody, before conviction upon a criminal charge under the laws of this state, the judge or chancellor shall cause the writ to be made returnable at a convenient place in the county in which the offense is alleged to have been committed, unless so doing will interfere with his holding of a term of court.
Miss. Code Ann. § 11-53-55 — MS Code / Title 11 / Chapter 17 / 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. § 11-47-1 — MS Code / Title 11 / Chapter 38 / Section 47-1
Miss. Code Ann. § 11-47-1
Status: in_force

The clerk of the chancery court shall keep in his office, as a public record, a suitable book, to be called the “Lis Pendens Record.”
Miss. Code Ann. § 11-27-30 — MS Code / Title 11 / Chapter 1 / Section 27-30
Miss. Code Ann. § 11-27-30
Status: in_force

No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten (10) years after its acquisition, be transferred or any interest therein transferred to any person, nongovernmental entity, public-private partnership, corporation, or other business entity with the following exceptions:

(a) The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.

(b) The above provisions shall not apply where the use of eminent domain (i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; (iii) is used to acquire abandoned property; or (iv) eliminates a direct threat to public health or safety caused by the property in its current condition.
Miss. Code Ann. § 11-19-89 — MS Code / Title 11 / Chapter 17 / 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. § 11-62-11 — MS Code / Title 11 / Chapter 51 / 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. § 11-45-25 — MS Code / Title 11 / Chapter 13 / Section 45-25
Miss. Code Ann. § 11-45-25
Status: in_force

A municipality may sue and be sued by its corporate name. Suits against any municipality shall be instituted in the county in which such municipality is situated, where such actions are brought in the circuit or chancery or county courts, and where such municipality is wholly situated in one (1) county. In a case where a county has two (2) judicial districts, such suits shall be brought in the judicial district in which the municipality or its principal office is located. In cases where a municipality is located in two (2) counties, such suits shall be brought in the county in which the principal office of the municipality is located. As to justice court actions, the same shall be brought in the county in which the municipality or its principal office is located.
Miss. Code Ann. § 11-43-37 — MS Code / Title 11 / Chapter 43 / Section 43-37
Miss. Code Ann. § 11-43-37
Status: in_force

The return or answer made to a writ of habeas corpus shall not be conclusive as to the facts therein stated, but evidence may be received to contradict the same.
Miss. Code Ann. § 11-44-1 — MS Code / Title 11 / Chapter 33 / 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. § 11-29-11 — MS Code / Title 11 / Chapter 9 / Section 29-11
Miss. Code Ann. § 11-29-11
Status: in_force

Should the defendant fail to give bond as above allowed, within five days from the date of seizure, then the complainant at whose instance the property was seized may give such bond and receive the property. In such case, the bond shall be dealt with in all respects as if the defendant had given it and retained the property.
Miss. Code Ann. § 11-44-3 — MS Code / Title 11 / Chapter 39 / Section 44-3
Miss. Code Ann. § 11-44-3
Status: in_force

(1) In order to present an actionable claim for wrongful conviction and imprisonment under this chapter, a claimant must establish by documentary evidence that:

(a) The claimant has been convicted of one or more felonies and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;

(b) On grounds not inconsistent with innocence:

(i) The claimant was pardoned for the felony or felonies for which 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) The judgment of conviction was vacated and/or reversed;

(c) If there was a vacatur or reversal, either the accusatory instrument was dismissed or nol prossed; or if a new trial was held, the defendant was found not guilty;

(d) The claimant's claim is not time-barred by the provisions of this chapter; and

(e) The claimant did not intentionally waive any appellate or post-conviction remedy otherwise available in order to benefit under this chapter.

(2) The claim shall be verified by the claimant.

(3) If the court finds after reading the claim that the claimant has not demonstrated the foregoing, it shall dismiss the claim, either on its own motion or on the state's motion. This dismissal shall be without prejudice to allow adequate refiling within ninety (90) days.
Miss. Code Ann. § 11-43-47 — MS Code / Title 11 / Chapter 25 / 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. § 11-27-81 — MS Code / Title 11 / Chapter 5 / 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. § 11-53-9 — MS Code / Title 11 / Chapter 35 / 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. § 11-25-7 — MS Code / Title 11 / Chapter 7 / Section 25-7
Miss. Code Ann. § 11-25-7
Status: in_force

The clerk of the justice court before whom the complaint is made shall thereupon issue a warrant to the following effect:

“The State of Mississippi

“To the Sheriff of __________ County:

“WHEREAS, AB hath made complaint on oath (or affirmation), before me, the clerk of the justice court for the said county, that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, and hath prayed the possession thereof, this is therefore to command you to summon the said CD to appear at __________ (which shall be at the usual place of holding the justice court of the justice court judge to whom the case is assigned), on the ___ day of __________, before said justice court judge, to answer to the complaint, and have then there this warrant.

“Witness my hand, this ___ day of __________.
Miss. Code Ann. § 11-25-117 — MS Code / Title 11 / Chapter 1 / 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. § 11-35-19 — MS Code / Title 11 / Chapter 11 / Section 35-19
Miss. Code Ann. § 11-35-19
Status: in_force

Any person upon whom, in his representative capacity as above set out in Section 11-35-11 , there shall be served a writ of garnishment under the provisions of Sections 11-35-1 and 11-35-11 through 11-35-21 shall, if he shall fail or refuse to answer such writ as provided by law in other cases of writs of garnishment and answers thereto forfeit and pay to the plaintiff in the judgment upon which the writ has issued the sum of twenty-five dollars, the same to be recovered in any court of competent jurisdiction.