Miss. Code Ann. § 11-35-33 — MS Code / Title 11 / Chapter 25 / Section 35-33
Miss. Code Ann. § 11-35-33
Status: in_force

Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Miss. Code Ann. § 11-43-55 — MS Code / Title 11 / Chapter 15 / Section 43-55
Miss. Code Ann. § 11-43-55
Status: in_force

An appeal from a judgment on the trial of a writ of habeas corpus may be had by or in behalf of the person deprived of his liberty on the same terms and conditions as are provided for in criminal cases; but such appeal shall not entitle a party to be discharged on bail in any case held not to be one in which the party is entitled to bail. In all other cases, an appeal from a judgment on trial of a writ of habeas corpus may be had on their terms prescribed for appeals in civil cases, where a supersedeas is not desired.
Miss. Code Ann. § 11-62-7 — MS Code / Title 11 / Chapter 21 / Section 62-7
Miss. Code Ann. § 11-62-7
Status: in_force

(1) As used in this chapter, discriminatory action includes any action taken by the state government to:

(a) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in Section 11-62-5 ;

(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by such person;

(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;

(d) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to such person;

(e) Impose, levy or assess a monetary fine, fee, penalty or injunction;

(f) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, materially alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.

(2) The state government shall consider accredited, licensed or certified any person that would otherwise be accredited, licensed or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks or acts in accordance with a sincerely held religious belief or moral conviction described in Section 11-62-3 .
Miss. Code Ann. § 11-11-51 — MS Code / Title 11 / Chapter 5 / Section 11-51
Miss. Code Ann. § 11-11-51
Status: in_force

When either party to any civil action in the circuit court shall desire to change the venue, he shall present to the court, or the judge of the district, a petition setting forth under oath that he has good reason to believe, and does believe that, from the undue influence of the adverse party, prejudice existing in the public mind, or for some other sufficient cause to be stated in the petition, he cannot obtain a fair and impartial trial in the county where the action is pending, and that the application is made as soon as convenient after being advised of such undue influence, prejudice, or other cause, and not to delay the trial or to vex or harass the adverse party. On reasonable notice in writing to the adverse party of the time and place of making the application, if made in vacation, the court, if in term time, or the judge in vacation, shall hear the parties and examine the evidence which either may adduce, and may award a change of venue to some convenient county where an impartial trial may be had, and, if practicable, in which the circuit court may next be held. If made in vacation, the order shall be indorsed on the petition and directed to the clerk, who shall file the same with the papers in the suit.
Miss. Code Ann. § 11-53-41 — MS Code / Title 11 / Chapter 13 / Section 53-41
Miss. Code Ann. § 11-53-41
Status: in_force

When costs are adjudged against an executor or administrator in a suit at law or in equity, and he shall obtain the certificate of the court before which the suit was tried that there was probable cause for bringing or defending the same, he shall not be individually liable for costs, although the estate may be insufficient to pay them.
Miss. Code Ann. § 11-47-13 — MS Code / Title 11 / Chapter 43 / Section 47-13
Miss. Code Ann. § 11-47-13
Status: in_force

If any clerk fail to perform any of the duties herein required of him, he shall be liable on his official bond to any party injured for all damages he may have sustained. If any sheriff, marshal, or other officer, fail to file the notice provided for in this chapter, upon the levy by him of any process on real estate, he shall be liable on his bond for all damages resulting therefrom.
Miss. Code Ann. § 11-15-117 — MS Code / Title 11 / Chapter 3 / Section 15-117
Miss. Code Ann. § 11-15-117
Status: in_force

(1) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the court by a party to the arbitration or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

(2) On application of a party to the arbitration, the arbitrators, in the manner and upon terms designated by the arbitrators, may permit a deposition to be taken of any person.

(3) Any prehearing discovery other than that referred to above shall only be permissible if agreed to by the parties involved in the arbitration.

(4) All provisions of law compelling a person under subpoena to testify are applicable.

(5) Fees for attendance as a witness shall be the same as for a witness in circuit court.
Miss. Code Ann. § 11-37-115 — MS Code / Title 11 / Chapter 29 / Section 37-115
Miss. Code Ann. § 11-37-115
Status: in_force

If the defendant shall, within two (2) days from the seizure of the property, enter into bond, with sufficient sureties, to be approved by the officer or the court, payable to the plaintiff, in double the value of the property, conditioned that it shall be forthcoming to satisfy the judgment of the court, the property shall be restored to him pending final judgment.
Miss. Code Ann. § 11-69-1 — MS Code / Title 11 / Chapter 35 / 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. § 11-43-29 — MS Code / Title 11 / Chapter 35 / Section 43-29
Miss. Code Ann. § 11-43-29
Status: in_force

The officer or other person upon whom a writ of habeas corpus shall be served shall state in his return or answer:

First.--Whether he have or have not the party in his custody or under his power or restraint.

Second.--If he have the party in his custody or power, or under his restraint, he shall state the authority and cause of imprisonment or restraint, setting forth the same at large.

Third.--If the party be restrained by virtue of any writ, warrant, or other written authority, a copy thereof shall be annexed to the return or answer, and the original shall be produced on the hearing.

Fourth.--If the officer or person upon whom the writ is served shall have had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such person has escaped, or such officer or person has transferred the custody or restraint to another, the return or answer shall state the facts particularly, and, in case of transfer, set forth the time and place, for what cause, and by what authority the transfer took place.

Fifth.--The return must be signed by the officer or person making it, and, except when a sworn public officer shall make return in his official capacity, it shall be verified by his oath.
Miss. Code Ann. § 11-33-55 — MS Code / Title 11 / Chapter 23 / Section 33-55
Miss. Code Ann. § 11-33-55
Status: in_force

If the value of the property be paid by the sureties, or the property surrendered as provided in the bond, the judgment in the subsequent attachment shall, as to the sureties on the replevin bond, be satisfied.
Miss. Code Ann. § 11-51-101 — MS Code / Title 11 / Chapter 9 / Section 51-101
Miss. Code Ann. § 11-51-101
Status: in_force

(1) The state and any county or municipality of the state, and the officials representing the state, county or municipality, in any suit or action, and any state, county or municipal officer who is a party to any suit or action in his official character, in which suit or action the state, county or municipality is beneficially interested, and the several incorporated charitable or educational institutions established and maintained by the state, and all corporate instrumentalities wholly owned by the United States government, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court; however, the cost of the preparation of the record of the proceedings in the trial court shall be prepaid. In any such case, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required.

(2) Any person who is a party to a suit or action in his individual capacity, which suit arises from allegedly tortious actions and deeds committed by him during the time he was a member, trustee, director, superintendent, official or employee, as the case may be, of the Department of Corrections, the State Penitentiary or the state psychiatric hospitals or institutions, and which allegedly tortious acts and deeds were committed by the person in the performance of his duties or employment, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court, including the costs of the preparation of the record of the proceedings in the trial court. In those cases, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required. The provisions of this section shall not apply to any such judgment, decree, decision or order in favor of the State of Mississippi.
Miss. Code Ann. § 11-37-151 — MS Code / Title 11 / Chapter 35 / Section 37-151
Miss. Code Ann. § 11-37-151
Status: in_force

After the trial of the action of replevin, an issue shall be made between the successful party and the claimant as to the validity of his claim, and a trial shall be had to determine the right of possession as between them and judgment entered accordingly.
Miss. Code Ann. § 11-62-7 — MS Code / Title 11 / Chapter 57 / Section 62-7
Miss. Code Ann. § 11-62-7
Status: in_force

(1) As used in this chapter, discriminatory action includes any action taken by the state government to:

(a) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in Section 11-62-5 ;

(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by such person;

(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;

(d) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to such person;

(e) Impose, levy or assess a monetary fine, fee, penalty or injunction;

(f) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, materially alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.

(2) The state government shall consider accredited, licensed or certified any person that would otherwise be accredited, licensed or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks or acts in accordance with a sincerely held religious belief or moral conviction described in Section 11-62-3 .
Miss. Code Ann. § 11-33-71 — MS Code / Title 11 / Chapter 19 / 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. § 11-43-37 — MS Code / Title 11 / Chapter 25 / 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. § 11-71-3 — MS Code / Title 11 / Chapter 46 / Section 71-3
Miss. Code Ann. § 11-71-3
Status: in_force

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

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

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

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

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

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

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

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

(e) “ Health care facility ” means:

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

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

(f) “ Health care professional ” means:

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

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

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

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

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

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

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

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

( l ) “ Qualified product ” means personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19; medical devices, equipment, and supplies used to treat a person with COVID-19, including products that are used or modified for an unapproved use to treat COVID-19 or prevent the spread of COVID-19; medical devices, equipment, or supplies utilized outside of the product's normal use to treat a person with COVID-19 or to prevent the spread of COVID-19; medications used to treat COVID-19, including medications prescribed or dispensed for off-label use to attempt to combat COVID-19; tests to diagnose or determine immunity to COVID-19 which have been approved by or submitted to the United States Food and Drug Administration (“FDA”) for approval within FDA-prescribed time periods; and components of qualified products.
Miss. Code Ann. § 11-61-3 — MS Code / Title 11 / Chapter 55 / Section 61-3
Miss. Code Ann. § 11-61-3
Status: in_force

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

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

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

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

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

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

(d) “ Public event ” means an event held or sponsored by a governmental entity, including, but not limited to, an award ceremony, a graduation ceremony or public meeting.
Miss. Code Ann. § 11-45-1 — MS Code / Title 11 / Chapter 25 / 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. § 11-59-3 — MS Code / Title 11 / Chapter 5 / Section 59-3
Miss. Code Ann. § 11-59-3
Status: in_force

In this chapter:

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

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

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

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

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

(A) Attend and give testimony at a deposition;

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

(C) Permit inspection of premises under the control of the person.
Miss. Code Ann. § 11-67-15 — MS Code / Title 11 / Chapter 5 / 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. § 11-25-19 — MS Code / Title 11 / Chapter 7 / Section 25-19
Miss. Code Ann. § 11-25-19
Status: in_force

If on the day of court and at the place designated, it appears that the defendant has been duly served with the warrant, the justice court judge shall proceed, without further pleadings in writing, to the trial of the complaint.
Miss. Code Ann. § 11-55-3 — MS Code / Title 11 / Chapter 23 / Section 55-3
Miss. Code Ann. § 11-55-3
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) “Without substantial justification,” when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in fact or in law, or vexatious, as determined by the court.

(b) “Person” means any individual, corporation, company, association, firm, partnership, society, joint stock company or any other entity, including any governmental entity or unincorporated association of persons.

(c) “Action” means a civil action that contains one or more claims for relief, defense or an appeal of such civil action. For the purposes of this chapter only, an “action” also means any separate count, claim, defense or request for relief contained in any such civil action.
Miss. Code Ann. § 11-31-5 — MS Code / Title 11 / Chapter 21 / Section 31-5
Miss. Code Ann. § 11-31-5
Status: in_force

If the land of the nonresident, absent or absconding debtor be the subject of such suit, and an order of attachment be issued, the order shall be levied by the sheriff or other officer as such writs of law are required to be levied on land, and shall have like effect.
Miss. Code Ann. § 11-53-19 — MS Code / Title 11 / Chapter 13 / Section 53-19
Miss. Code Ann. § 11-53-19
Status: in_force

The court may dismiss an action commenced or continued on affidavit of poverty, if satisfied that the allegation of poverty was untrue.
Miss. Code Ann. § 11-44-11 — MS Code / Title 11 / Chapter 43 / 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. § 11-62-7 — MS Code / Title 11 / Chapter 7 / Section 62-7
Miss. Code Ann. § 11-62-7
Status: in_force

(1) As used in this chapter, discriminatory action includes any action taken by the state government to:

(a) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in Section 11-62-5 ;

(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by such person;

(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;

(d) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to such person;

(e) Impose, levy or assess a monetary fine, fee, penalty or injunction;

(f) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, materially alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.

(2) The state government shall consider accredited, licensed or certified any person that would otherwise be accredited, licensed or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks or acts in accordance with a sincerely held religious belief or moral conviction described in Section 11-62-3 .
Miss. Code Ann. § 11-51-65 — MS Code / Title 11 / Chapter 15 / Section 51-65
Miss. Code Ann. § 11-51-65
Status: in_force

If a case be remanded by the Supreme Court to the court below, and afterwards an appeal be taken in the same case to the Supreme Court, it shall not be necessary for the appellant to cause to be filed in the Supreme Court a transcript of so much of the record as may be already on file in said court, but the transcript previously sent up, together with a transcript of the subsequent proceedings in the case in the court below, shall constitute the record for the case in the Supreme Court. In such case, if the appellant shall, in his application for appeal, signify his desire for the clerk to make out and certify only a transcript of such subsequent proceedings, the clerk shall act accordingly.
Miss. Code Ann. § 11-45-21 — MS Code / Title 11 / Chapter 19 / 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. § 11-46-3 — MS Code / Title 11 / Chapter 33 / Section 46-3
Miss. Code Ann. § 11-46-3
Status: in_force

(1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide, enact and reenact that the “state” and its “political subdivisions,” as such terms are defined in Section 11-46-1 , are not now, have never been and shall not be liable, and are, always have been and shall continue to be immune from suit at law or in equity on account of any wrongful or tortious act or omission or breach of implied term or condition of any warranty or contract, including but not limited to libel, slander or defamation, by the state or its political subdivisions, or any such act, omission or breach by any employee of the state or its political subdivisions, notwithstanding that any such act, omission or breach constitutes or may be considered as the exercise or failure to exercise any duty, obligation or function of a governmental, proprietary, discretionary or ministerial nature and notwithstanding that such act, omission or breach may or may not arise out of any activity, transaction or service for which any fee, charge, cost or other consideration was received or expected to be received in exchange therefor.

(2) The immunity of the state and its political subdivisions recognized and reenacted herein is and always has been the law in this state, before and after November 10, 1982, and before and after July 1, 1984, and is and has been in full force and effect in this state except only in the case of rights which, prior to the date of final passage hereof, have become vested by final judgment of a court of competent jurisdiction or by the express terms of any written contract or other instrument in writing.
Miss. Code Ann. § 11-53-67 — MS Code / Title 11 / Chapter 19 / Section 53-67
Miss. Code Ann. § 11-53-67
Status: in_force

Fees and costs shall not be payable by any person until there be produced to the person chargeable with the same a bill, or account in writing, containing the particulars of such fees, signed by the clerk or officer, in which shall be intelligently expressed and specified each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each fee is charged. If any fee shall be paid without the production of such bill, the party paying the same shall at all times be entitled to demand and have from the officer receiving the same a copy of such bill without charge.
Miss. Code Ann. § 11-37-105 — MS Code / Title 11 / Chapter 1 / Section 37-105
Miss. Code Ann. § 11-37-105
Status: in_force

The plaintiff's bond in replevin shall be in the following form, to-wit:

“Be it known, that we, __________, the principal and plaintiff, and __________ and __________, sureties, agree and bind ourselves to pay to __________, the defendant, the sum of $__________, unless the said principal and plaintiff shall prosecute to effect his replevin action against the defendant for possession of (here describe the property in detail), now to be seized and delivered to the plaintiff; and shall, without delay, return said property to the defendant, if return thereof be adjudged, and shall pay to the defendant such damages as he may sustain by the wrongful suing out of a writ of replevin, and such costs as may be awarded against the plaintiff, and save harmless the officer who seizes and delivers said property to the plaintiff herein; otherwise to be of no force and effect.

WITNESS OUR SIGNATURES, this ___ day of __________, 2___.

The above bond is approved by me this ___ day of __________, 2___.
Miss. Code Ann. § 11-21-25 — MS Code / Title 11 / Chapter 5 / Section 21-25
Miss. Code Ann. § 11-21-25
Status: in_force

The special commissioners shall make to the court, at the first term held after they have acted, or else as the court shall direct, a full report, in writing, of their proceedings, which, on exceptions filed at any time before its confirmation, for good cause shown may be set aside by the court, and other special commissioners appointed, or the same special commissioners may be directed to make a new partition; or the partition may be modified by the court in any particular, and be confirmed as thus modified.
Miss. Code Ann. § 11-38-5 — MS Code / Title 11 / Chapter 15 / Section 38-5
Miss. Code Ann. § 11-38-5
Status: in_force

The clerk or justice issuing the writ may also, by a separate summons, require the parties to appear before him for a preliminary hearing to determine the rights of the parties to immediate possession of the property involved, at a time and place fixed in the summons, but shall allow the defendant not less than two (2) days' notice. At the preliminary hearing the clerk or justice shall determine whether the temporary possession of the property is to be delivered to the plaintiff, retained by the defendant, or whether the proper officer shall seize and hold the property until a hearing on the merits to determine what bond, if any, should be required. An appropriate writ shall thereupon be issued for the enforcement of the temporary order. Upon written demand of either party the clerk, when the action is before a clerk of the court, shall refer the action for such preliminary hearing before any justice of the county or the judge of the court from which the process was issued. If temporary possession be granted to the plaintiff, the bond shall be for double the value of the property, and if temporary possession be granted to the defendant and bond be required, it shall be for not less than double the value of the plaintiff's interest therein.

Preliminary hearings may be determined by the justice or judge designated without regard to jurisdictional amount.
Miss. Code Ann. § 11-43-45 — MS Code / Title 11 / Chapter 35 / 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. § 11-7-9 — MS Code / Title 11 / Chapter 7 / Section 7-9
Miss. Code Ann. § 11-7-9
Status: in_force

An unmarried female may prosecute an action for her own seduction, and recover damages.
Miss. Code Ann. § 11-25-111 — MS Code / Title 11 / Chapter 19 / Section 25-111
Miss. Code Ann. § 11-25-111
Status: in_force

The plaintiff may, on the trial, claim and establish by evidence, any amount due for arrears of rent on the land of which possession is sought, or a reasonable compensation for the use and occupation thereof; and the judge of the county court, shall find upon the evidence the arrears of rent or reasonable compensation and the judge of the county court may give judgment against the defendant in the action for such arrears of rent or reasonable compensation and may award a writ of fieri facias thereon. All such cases shall be tried by the judge without the intervention of the jury.
Miss. Code Ann. § 11-45-7 — MS Code / Title 11 / Chapter 33 / Section 45-7
Miss. Code Ann. § 11-45-7
Status: in_force

If any person shall unlawfully enter on, and intrude upon or hold land belonging to the state, or take possession of or hold any personal property belonging to the state, such person may be proceeded against by action to be instituted by the district attorney of the district, or by the escheator of the county in a proper case. On the trial of the issue, the court or jury shall assess damages for rents and profits, and for injury done to the property by the despoilment of the timber or otherwise. If the trespass complained of be the cutting, belting, girdling, boxing, or otherwise injuring the timber, triple damages shall be recovered.
Miss. Code Ann. § 11-35-7 — MS Code / Title 11 / Chapter 23 / Section 35-7
Miss. Code Ann. § 11-35-7
Status: in_force

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

“THE STATE OF MISSISSIPPI.

“To __________, garnishee:

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

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

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

The original must be returned to the court properly indorsed with the mode of service and the defendant served, as in other cases.
Miss. Code Ann. § 11-41-3 — MS Code / Title 11 / Chapter 5 / Section 41-3
Miss. Code Ann. § 11-41-3
Status: in_force

The complaint shall be filed in the circuit court of the county in which the tribunal, corporation, board, officer, or person made defendant, or some one or more of them, shall reside or be found; but if the judge of that court be interested, the complaint may be filed in an adjoining circuit court district.
Miss. Code Ann. § 11-35-24 — MS Code / Title 11 / Chapter 3 / Section 35-24
Miss. Code Ann. § 11-35-24
Status: in_force

(1) Where more than one garnishment has been issued against an employee of a garnishee, such garnishee shall comply with the garnishment with which he was first served. In the event more than one (1) garnishment on an employee is received on the same day, the writ of garnishment which is the smallest amount shall be satisfied first. However, in every case, garnishments issued pursuant to court ordered child support shall have first priority, even if previous garnishments are in effect or pending.

(2) Any such conflicting or subsequent garnishments on an employee of the garnishee shall be returned to the court issuing such writ of garnishment with a statement by the garnishee that a previous garnishment is in effect. Such statement shall operate as a stay of the subsequent garnishment until satisfaction of any prior garnishments has been made.

(3) Upon satisfaction of the writ of garnishment in progress, the garnishee shall immediately begin collection of such writ of garnishment with next priority.

(4) Good faith compliance with this section shall release the garnishee from any liability for failure of compliance with this section.
Miss. Code Ann. § 11-53-71 — MS Code / Title 11 / Chapter 44 / 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. § 11-35-55 — MS Code / Title 11 / Chapter 21 / 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. § 11-23-29 — MS Code / Title 11 / Chapter 1 / Section 23-29
Miss. Code Ann. § 11-23-29
Status: in_force

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

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

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

“I approve the foregoing bond and sureties, this the ____ day of _______, A.D. __________.
Miss. Code Ann. § 11-51-101 — MS Code / Title 11 / Chapter 35 / Section 51-101
Miss. Code Ann. § 11-51-101
Status: in_force

(1) The state and any county or municipality of the state, and the officials representing the state, county or municipality, in any suit or action, and any state, county or municipal officer who is a party to any suit or action in his official character, in which suit or action the state, county or municipality is beneficially interested, and the several incorporated charitable or educational institutions established and maintained by the state, and all corporate instrumentalities wholly owned by the United States government, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court; however, the cost of the preparation of the record of the proceedings in the trial court shall be prepaid. In any such case, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required.

(2) Any person who is a party to a suit or action in his individual capacity, which suit arises from allegedly tortious actions and deeds committed by him during the time he was a member, trustee, director, superintendent, official or employee, as the case may be, of the Department of Corrections, the State Penitentiary or the state psychiatric hospitals or institutions, and which allegedly tortious acts and deeds were committed by the person in the performance of his duties or employment, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court, including the costs of the preparation of the record of the proceedings in the trial court. In those cases, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required. The provisions of this section shall not apply to any such judgment, decree, decision or order in favor of the State of Mississippi.
Miss. Code Ann. § 11-31-7 — MS Code / Title 11 / Chapter 17 / Section 31-7
Miss. Code Ann. § 11-31-7
Status: in_force

Writs of sequestration may be issued for personal property in such cases as in others.
Miss. Code Ann. § 11-7-9 — MS Code / Title 11 / Chapter 1 / Section 7-9
Miss. Code Ann. § 11-7-9
Status: in_force

An unmarried female may prosecute an action for her own seduction, and recover damages.
Miss. Code Ann. § 11-27-51 — MS Code / Title 11 / Chapter 25 / Section 27-51
Miss. Code Ann. § 11-27-51
Status: repealed

Nothing in this chapter shall be considered or construed to affect in any way any eminent domain proceeding filed before January 1, 1972 and such proceeding may be prosecuted to final conclusion according to the law in effect on the date such proceeding was filed, but the provisions of Section 11-27-29 relating to direct appeals to the supreme court shall apply to cases pending in any county court on January 1, 1972 wherein no appeal has been taken. Nothing in this chapter shall be construed or shall operate to negate, abridge or alter rights vested pursuant to any prior statutes repealed and reenacted hereby, or to affect judicial construction thereof.
Miss. Code Ann. § 11-39-21 — MS Code / Title 11 / Chapter 7 / Section 39-21
Miss. Code Ann. § 11-39-21
Status: in_force

Any person who refuses or knowingly neglects to obey any order of the court made as herein provided, shall be guilty of contempt of court, and shall be fined in any sum not exceeding Five Thousand Dollars ($5,000.00), and imprisoned in the county jail until he comply with the order. He shall be further liable for damages resulting to any person on account of his refusal to obey.
Miss. Code Ann. § 11-51-9 — MS Code / Title 11 / Chapter 38 / 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. § 11-71-13 — MS Code / Title 11 / Chapter 43 / 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. § 11-61-3 — MS Code / Title 11 / Chapter 41 / Section 61-3
Miss. Code Ann. § 11-61-3
Status: in_force

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

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

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

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

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

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

(d) “ Public event ” means an event held or sponsored by a governmental entity, including, but not limited to, an award ceremony, a graduation ceremony or public meeting.
Miss. Code Ann. § 11-1-66 — MS Code / Title 11 / Chapter 1 / Section 1-66
Miss. Code Ann. § 11-1-66
Status: in_force

No owner, occupant, lessee or managing agent of property shall be liable for the death or injury of an independent contractor or the independent contractor's employees resulting from dangers of which the contractor knew or reasonably should have known.
Miss. Code Ann. § 11-62-19 — MS Code / Title 11 / Chapter 13 / Section 62-19
Miss. Code Ann. § 11-62-19
Status: in_force

The provisions of this chapter shall be excluded from the application of Section 11-61-1 .
Miss. Code Ann. § 11-45-23 — MS Code / Title 11 / Chapter 45 / Section 45-23
Miss. Code Ann. § 11-45-23
Status: in_force

When the state or any county, shall recover property by suit, the possession of the property shall be delivered to such officer, agent or representative of the state or county as may be designated by proper authority to receive it, or having right to its custody for the state or county.
Miss. Code Ann. § 11-45-13 — MS Code / Title 11 / Chapter 17 / Section 45-13
Miss. Code Ann. § 11-45-13
Status: in_force

All suits which have by acts of the Legislature been heretofore abated shall continue so abated. All rights of action and causes of action which the state, or any officer for the use of the state may have had, where by act of the Legislature such right has been abrogated and the authority and right to bring suit thereon denied, such right shall continue so abrogated and such right and authority to bring suit thereon and therefor shall continue to be denied.
Miss. Code Ann. § 11-45-13 — MS Code / Title 11 / Chapter 19 / Section 45-13
Miss. Code Ann. § 11-45-13
Status: in_force

All suits which have by acts of the Legislature been heretofore abated shall continue so abated. All rights of action and causes of action which the state, or any officer for the use of the state may have had, where by act of the Legislature such right has been abrogated and the authority and right to bring suit thereon denied, such right shall continue so abrogated and such right and authority to bring suit thereon and therefor shall continue to be denied.
Miss. Code Ann. § 11-35-5 — MS Code / Title 11 / Chapter 7 / Section 35-5
Miss. Code Ann. § 11-35-5
Status: in_force

The writ of garnishment, when issued on a judgment or decree, may be in the following form, to wit:

“THE STATE OF MISSISSIPPI.

“To any lawful officer of __________ county:

“Whereas, __________ recovered a judgment in __________ court of __________ county, on the ___ day __________, A.D. __________, for the sum of __________ dollars and costs, against __________, and the judgment has not been satisfied, and said __________ having made the proper suggestion for a writ of garnishment against __________:

“We therefore command you to summon said __________ to appear in said court, at __________, on the ___ day of __________, A.D. __________, then and there to answer, on oath in writing, whether (here copy in full every particular that a garnishee is required to answer). And have you then and there this writ, with your proceedings indorsed thereon.

“Witness my signature (and if by a clerk, add an official seal), this ___ day of __________, A.D. __________.”

The writ must be signed by the officer who issues it, and his official character should be written after his name.
Miss. Code Ann. § 11-45-21 — MS Code / Title 11 / Chapter 1 / 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. § 11-59-11 — MS Code / Title 11 / Chapter 11 / Section 59-11
Miss. Code Ann. § 11-59-11
Status: in_force

An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section 11-59-5 must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Miss. Code Ann. § 11-53-37 — MS Code / Title 11 / Chapter 41 / Section 53-37
Miss. Code Ann. § 11-53-37
Status: in_force

Where a party hereafter institutes a suit for the benefit of himself and all others similarly situated, and thereby there is in such suit recovered or preserved property or a fund for the common benefit, the chancery court may make an allowance to such party of the reasonable costs incurred, which costs shall include the necessary disbursements, and reasonable solicitor's fees, out of the property recovered or preserved for the common benefit.
Miss. Code Ann. § 11-71-1 — MS Code / Title 11 / Chapter 44 / Section 71-1
Miss. Code Ann. § 11-71-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act.”
Miss. Code Ann. § 11-39-15 — MS Code / Title 11 / Chapter 35 / Section 39-15
Miss. Code Ann. § 11-39-15
Status: in_force

During the pendency of the action, the court, or judge in vacation, may make all proper orders for preventing damage or injury to the plaintiff before the case is decided.
Miss. Code Ann. § 11-33-99 — MS Code / Title 11 / Chapter 23 / 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. § 11-35-27 — MS Code / Title 11 / Chapter 21 / Section 35-27
Miss. Code Ann. § 11-35-27
Status: in_force

Except as otherwise provided in Section 11-35-23 , garnishees shall, in all cases in the circuit or chancery court, answer on the first day of the return term, and, in the courts of justices of the peace, they shall answer by noon on the return day of the writ, unless the court, for cause shown, shall grant further time; and, if upon the answer of any garnishee, it appear that there is any estate of the defendant in the hands of any person not summoned, an alias writ may at once be issued, to be levied on the property in the hands of such person, or he may be summoned as garnishee.
Miss. Code Ann. § 11-27-37 — MS Code / Title 11 / Chapter 21 / Section 27-37
Miss. Code Ann. § 11-27-37
Status: in_force

In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorneys' fees, incurred by him in defending the suit.
Miss. Code Ann. § 11-45-11 — MS Code / Title 11 / Chapter 29 / Section 45-11
Miss. Code Ann. § 11-45-11
Status: in_force

The state shall be entitled to bring all actions and all remedies to which individuals are entitled in a given state of case. It may maintain the action of unlawful entry and detainer in all cases, at its option, for the recovery of land.
Miss. Code Ann. § 11-43-29 — MS Code / Title 11 / Chapter 39 / Section 43-29
Miss. Code Ann. § 11-43-29
Status: in_force

The officer or other person upon whom a writ of habeas corpus shall be served shall state in his return or answer:

First.--Whether he have or have not the party in his custody or under his power or restraint.

Second.--If he have the party in his custody or power, or under his restraint, he shall state the authority and cause of imprisonment or restraint, setting forth the same at large.

Third.--If the party be restrained by virtue of any writ, warrant, or other written authority, a copy thereof shall be annexed to the return or answer, and the original shall be produced on the hearing.

Fourth.--If the officer or person upon whom the writ is served shall have had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such person has escaped, or such officer or person has transferred the custody or restraint to another, the return or answer shall state the facts particularly, and, in case of transfer, set forth the time and place, for what cause, and by what authority the transfer took place.

Fifth.--The return must be signed by the officer or person making it, and, except when a sworn public officer shall make return in his official capacity, it shall be verified by his oath.
Miss. Code Ann. § 11-44-15 — MS Code / Title 11 / Chapter 17 / Section 44-15
Miss. Code Ann. § 11-44-15
Status: in_force

Any claimant who receives compensation under this chapter shall sign a release from all claims against the state regarding the incarceration for which the claimant receives compensation.
Miss. Code Ann. § 11-49-9 — MS Code / Title 11 / Chapter 5 / 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. § 11-7-159 — MS Code / Title 11 / Chapter 3 / Section 7-159
Miss. Code Ann. § 11-7-159
Status: in_force

If the verdict is informal or defective, the court may direct it to be reformed at the bar. Where there has been a manifest miscalculation of interest, the court may direct a computation thereof at the bar, and the verdict may, if the jury assent thereto, be reformed in accordance with such computation.
Miss. Code Ann. § 11-49-3 — MS Code / Title 11 / Chapter 21 / Section 49-3
Miss. Code Ann. § 11-49-3
Status: in_force

Every attorney or counselor at law receiving money for his client, and failing or refusing to pay the same when demanded, may be proceeded against in a summary way, by motion before the circuit court of the county where such attorney or counselor usually resides, or where he may be found, or before the court in which the money was collected, in the same manner that sheriffs are liable to be proceeded against for money collected on execution, five days' notice of such motion being given. In addition to the principal and legal interest, damages at ten per centum on the amount thereof shall be awarded. In case the failure to pay over said money shall appear to have been wilful and without reasonable excuse, the court shall fine and imprison such attorney or counselor as for a contempt and strike his name from the roll and revoke his license, or may suspend his right to practice until the money shall be paid over.
Miss. Code Ann. § 11-25-113 — MS Code / Title 11 / Chapter 21 / 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. § 11-35-45 — MS Code / Title 11 / Chapter 11 / 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. § 11-67-1 — MS Code / Title 11 / Chapter 45 / 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. § 11-33-53 — MS Code / Title 11 / Chapter 13 / Section 33-53
Miss. Code Ann. § 11-33-53
Status: in_force

If the plaintiff in a prior attachment fail to enforce his judgment, after ten days written notice to do so by the plaintiff in a subsequent attachment, he shall lose his priority; but where the amount of the prior attachment shall be less than the value of the property, process may issue on the subsequent judgment against the sureties on the replevin bond for the difference between the amount of the prior attachment and the value of the property as shown in the officer's return.
Miss. Code Ann. § 11-39-61 — MS Code / Title 11 / Chapter 27 / 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. § 11-17-34 — MS Code / Title 11 / Chapter 15 / Section 17-34
Miss. Code Ann. § 11-17-34
Status: in_force

Unless otherwise released by the court, the receiver appointed in Section 11-17-33 shall hold all net proceeds paid in connection with such lease for a period of ten (10) years from the date of the decree establishing the receivership. If, at the end of that period of ten (10) years, no valid claim has been made for such moneys and said mineral interests, all moneys and mineral interests held by the receiver shall immediately escheat to the state in the same manner as if the absent person had died intestate leaving no heirs capable of inheriting as set forth in Chapter 11, Title 89, Mississippi Code of 1972 . Provided, however, any person who is not concluded as a party or privy by a decree in favor of the state in proceedings to establish an escheat, may recover of the state, by suit, the net proceeds derived from any lease and from the sale of such minerals and paid into the state treasury, if the party shall establish his right to such minerals and that the same had not properly escheated to the state; but the title of the purchaser of such minerals shall not be thereby disturbed.
Miss. Code Ann. § 11-77-7 — MS Code / Title 11 / Chapter 27 / Section 77-7
Miss. Code Ann. § 11-77-7
Status: in_force

(1) The provisions of this chapter shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of any news-gathering organizations.

(2) No internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated the provisions of this chapter for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, storage, access software, or other to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
Miss. Code Ann. § 11-51-17 — MS Code / Title 11 / Chapter 1 / Section 51-17
Miss. Code Ann. § 11-51-17
Status: in_force

Any one or more of the parties to a judgment or decree may appeal therefrom. If all the parties to a judgment after receiving notice thereof in the time required by the Supreme Court do not join the appeal, they shall not afterward have the right of appeal, and the judgment of the court below shall remain in full force against them.
Miss. Code Ann. § 11-37-131 — MS Code / Title 11 / Chapter 1 / 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. § 11-33-3 — MS Code / Title 11 / Chapter 33 / Section 33-3
Miss. Code Ann. § 11-33-3
Status: in_force

The creditor may sue out an attachment against one or more of joint debtors or joint and several debtors, whether primarily or secondarily liable, without affecting his rights as against the others.
Miss. Code Ann. § 11-53-75 — MS Code / Title 11 / Chapter 29 / Section 53-75
Miss. Code Ann. § 11-53-75
Status: in_force

On all executions in which any costs are included, there shall be entered thereon or annexed a copy of the bill of costs, specifying the particular items thereof, in intelligible words and figures, and each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each item therein is charged; and all such executions issuing without the copy of such bill of costs shall be illegal, and the sheriff or other officer shall not execute the same. The sheriff or other officer receiving the same shall add thereto, in like manner, his fees, including all additional fees and costs, and shall make out a fair copy of the same and deliver it, on demand, to the person from whom he receives the money or out of whose property he makes the same.
Miss. Code Ann. § 11-43-7 — MS Code / Title 11 / Chapter 21 / Section 43-7
Miss. Code Ann. § 11-43-7
Status: in_force

The writ of habeas corpus may be granted by a judge of the Supreme Court, or a judge of the circuit or chancery court, in term time or in vacation, returnable before himself or another judge.
Miss. Code Ann. § 11-61-3 — MS Code / Title 11 / Chapter 31 / Section 61-3
Miss. Code Ann. § 11-61-3
Status: in_force

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

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

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

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

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

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

(d) “ Public event ” means an event held or sponsored by a governmental entity, including, but not limited to, an award ceremony, a graduation ceremony or public meeting.
Miss. Code Ann. § 11-3-3 — MS Code / Title 11 / Chapter 1 / Section 3-3
Miss. Code Ann. § 11-3-3
Status: in_force

Appeals from judgments against persons deprived of their liberty in cases of habeas corpus, and from judgment on informations in the nature of quo warranto to try the right to a public office, whether state, district, county, or municipal, and in actions of mandamus where the public interest is concerned, and in cases at law or in chancery involving taxes claimed by the state, county, or municipality, may be returnable before the Supreme Court immediately, without reference to the return days for other appeals; and when the transcript of the record of the case shall be filed in the office of the clerk of the Supreme Court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on him or his attorney, the court shall consider such cases as entitled to be heard without regard to the district from which they are brought, and in preference to all civil cases, and they shall be heard and disposed of with all convenient speed.
Miss. Code Ann. § 11-37-115 — MS Code / Title 11 / Chapter 31 / Section 37-115
Miss. Code Ann. § 11-37-115
Status: in_force

If the defendant shall, within two (2) days from the seizure of the property, enter into bond, with sufficient sureties, to be approved by the officer or the court, payable to the plaintiff, in double the value of the property, conditioned that it shall be forthcoming to satisfy the judgment of the court, the property shall be restored to him pending final judgment.
Miss. Code Ann. § 11-45-25 — MS Code / Title 11 / Chapter 11 / 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. § 11-62-15 — MS Code / Title 11 / Chapter 46 / Section 62-15
Miss. Code Ann. § 11-62-15
Status: in_force

(1) This chapter shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the state and federal constitutions.

(2) The protection of free exercise of religious beliefs and moral convictions afforded by this chapter are in addition to the protections provided under federal law, state law, and the state and federal constitutions. Nothing in this chapter shall be construed to preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to prevent the state government from providing, either directly or through an individual or entity not seeking protection under this chapter, any benefit or service authorized under state law.

(3) This chapter applies to, and in cases of conflict supersedes, each statute of the state that impinges upon the free exercise of religious beliefs and moral convictions protected by this chapter, unless a conflicting statute is expressly made exempt from the application of this chapter. This chapter also applies to, and in cases of conflict supersedes, any ordinance, rule, regulation, order, opinion, decision, practice or other exercise of the state government's authority that impinges upon the free exercise of religious beliefs or moral convictions protected by this chapter.
Miss. Code Ann. § 11-59-11 — MS Code / Title 11 / Chapter 41 / Section 59-11
Miss. Code Ann. § 11-59-11
Status: in_force

An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section 11-59-5 must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Miss. Code Ann. § 11-55-9 — MS Code / Title 11 / Chapter 27 / Section 55-9
Miss. Code Ann. § 11-55-9
Status: in_force

Nothing in this chapter shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay the client's attorney. Nothing in this chapter is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs, or an award of attorney's fees or costs in a manner different than that provided in this chapter.
Miss. Code Ann. § 11-15-5 — MS Code / Title 11 / Chapter 5 / Section 15-5
Miss. Code Ann. § 11-15-5
Status: in_force

The arbitrators selected by agreement of the parties shall appoint a time and place for the hearing, and notify the parties thereof, and shall adjourn the hearing from time to time, as may be necessary, and on the application of either party, and for good cause may postpone the hearing to a time not extending beyond the day fixed in the submission, if a day be fixed, for rendering the award.
Miss. Code Ann. § 11-43-37 — MS Code / Title 11 / Chapter 23 / 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. § 11-39-27 — MS Code / Title 11 / Chapter 17 / Section 39-27
Miss. Code Ann. § 11-39-27
Status: in_force

Before they enter upon the discharge of their duties, the trustees shall execute bond in such sum as may be prescribed, and with such sureties as may be approved by the judge, payable to the state, and conditioned for the faithful discharge of their duties as trustees, which bond may be put in suit for a breach thereof; and the amount collected thereon shall constitute a fund for the benefit of creditors or stockholders, as other funds of the corporation.
Miss. Code Ann. § 11-77-7 — MS Code / Title 11 / Chapter 61 / Section 77-7
Miss. Code Ann. § 11-77-7
Status: in_force

(1) The provisions of this chapter shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of any news-gathering organizations.

(2) No internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated the provisions of this chapter for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, storage, access software, or other to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
Miss. Code Ann. § 11-25-115 — MS Code / Title 11 / Chapter 5 / 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. § 11-73-3 — MS Code / Title 11 / Chapter 29 / 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. § 11-77-7 — MS Code / Title 11 / Chapter 67 / Section 77-7
Miss. Code Ann. § 11-77-7
Status: in_force

(1) The provisions of this chapter shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of any news-gathering organizations.

(2) No internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated the provisions of this chapter for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, storage, access software, or other to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
Miss. Code Ann. § 11-67-9 — MS Code / Title 11 / Chapter 9 / Section 67-9
Miss. Code Ann. § 11-67-9
Status: in_force

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

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

(a) File the asbestos trust claims; or

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

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

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

(4) An asbestos action may not be set for trial until at least sixty (60) days after the plaintiff complies with the requirements of this section.
Miss. Code Ann. § 11-45-7 — MS Code / Title 11 / Chapter 43 / Section 45-7
Miss. Code Ann. § 11-45-7
Status: in_force

If any person shall unlawfully enter on, and intrude upon or hold land belonging to the state, or take possession of or hold any personal property belonging to the state, such person may be proceeded against by action to be instituted by the district attorney of the district, or by the escheator of the county in a proper case. On the trial of the issue, the court or jury shall assess damages for rents and profits, and for injury done to the property by the despoilment of the timber or otherwise. If the trespass complained of be the cutting, belting, girdling, boxing, or otherwise injuring the timber, triple damages shall be recovered.
Miss. Code Ann. § 11-37-151 — MS Code / Title 11 / Chapter 7 / Section 37-151
Miss. Code Ann. § 11-37-151
Status: in_force

After the trial of the action of replevin, an issue shall be made between the successful party and the claimant as to the validity of his claim, and a trial shall be had to determine the right of possession as between them and judgment entered accordingly.
Miss. Code Ann. § 11-55-9 — MS Code / Title 11 / Chapter 46 / Section 55-9
Miss. Code Ann. § 11-55-9
Status: in_force

Nothing in this chapter shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay the client's attorney. Nothing in this chapter is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs, or an award of attorney's fees or costs in a manner different than that provided in this chapter.
Miss. Code Ann. § 11-35-49 — MS Code / Title 11 / Chapter 11 / Section 35-49
Miss. Code Ann. § 11-35-49
Status: in_force

Writs of garnishment, in all cases, may be issued to any county; but if the garnishee whose answer is contested, shall not be a resident of the county, then, upon an issue being made upon his answer, the venue of the trial of the issue may be changed, on his application, to the county of his residence. The court in which the issue is tried shall cause the facts found to be certified and returned with the issue to the court from which the writ issued, and judgment shall be entered thereupon as if the issue had there been tried.
Miss. Code Ann. § 11-75-1 — MS Code / Title 11 / Chapter 39 / 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. § 11-46-17 — MS Code / Title 11 / Chapter 39 / Section 46-17
Miss. Code Ann. § 11-46-17
Status: in_force

(1) There is hereby created in the State Treasury a special fund to be known as the “Tort Claims Fund.”

All monies that the Department of Finance and Administration receives and collects under the provisions of subsection (2) of this section and all funds that the Legislature appropriates for use by the board in administering the provisions of this chapter shall be deposited in the fund. All monies in the fund may be expended by the board for any and all purposes for which the board is authorized to expend funds under the provisions of this chapter. All interest earned from the investment of monies in the fund shall be credited to the fund. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.

(2) From and after July 1, 1993, each governmental entity other than political subdivisions shall participate in a comprehensive plan of self-insurance or one or more policies of liability insurance or combination of the two (2), all to be administered by the Department of Finance and Administration. The plan shall provide coverage to each of such governmental entities for every risk for which the board determines the respective governmental entities to be liable in the event of a claim or suit for injuries under the provisions of this chapter, including claims or suits for injuries from the use or operation of motor vehicles; the board may allow the plan to contain any reasonable limitations or exclusions not contrary to Mississippi state statutes or case law as are normally included in commercial liability insurance policies generally available to governmental entities. The plan may also provide coverage for liabilities outside the provisions of this chapter, including, but not limited to, liabilities arising from Sections 1983 through 1987 of Title 42 of the United States Code and liabilities from actions brought in foreign jurisdictions, and the board shall establish limits of coverage for such liabilities. Each governmental entity participating in the plan shall make payments to the board in such amounts, times and manner determined by the board as the board deems necessary to provide sufficient funds to be available for payment by the board of the costs it incurs in providing coverage for the governmental entity. Each governmental entity of the state other than the political subdivisions thereof participating in the plan procured by the board shall be issued by the board a certificate of coverage whose form and content shall be determined by the board but which shall have the effect of certifying that, in the opinion of the board, each of such governmental entities is adequately insured.

Before July 1, 1993, the Board of Trustees of State Institutions of Higher Learning may provide liability coverage for each university, department, trustee, employee, volunteer, facility and activity as the board of trustees, in its discretion, shall determine advisable. If liability coverage, either through insurance policies or self-insurance retention is in effect, immunity from suit shall be waived only to the limit of liability established by the insurance or self-insurance program. From and after July 1, 1993, liability coverage established by the board of trustees must conform to the provisions of this section and must receive approval from the board. Should the board reject a plan, the board of trustees shall participate in the liability program for state agencies established by the board.

(3) All political subdivisions shall, from and after October 1, 1993, obtain a policy or policies of insurance, establish self-insurance reserves, or provide a combination of insurance and reserves as necessary to cover all risks of claims and suits for which political subdivisions may be liable under this chapter; a political subdivision shall not be required to obtain pollution liability insurance. However, this shall not limit any cause of action against a political subdivision relative to limits of liability under the Tort Claims Act. The policy or policies of insurance or self-insurance may contain any reasonable limitations or exclusions not contrary to Mississippi state statutes or case law as are normally included in commercial liability insurance policies generally available to political subdivisions. All the plans of insurance or reserves or combination of insurance and reserves shall be submitted for approval to the board. The board shall issue a certificate of coverage to each political subdivision whose plan it approves in the same manner as provided in subsection (2) of this section. Whenever any political subdivision fails to obtain the board's approval of its plan, the political subdivision shall act in accordance with the rules and regulations of the board and obtain a satisfactory plan of insurance or reserves or combination of insurance and reserves to be approved by the board.

(4) Any governmental entity may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in Section 11-46-15 to the extent of the excess insurance carried; however, the immunity from suit above the amounts provided for in Section 11-46-15 shall be waived only to the extent of excess liability insurance carried.

(5) Any two (2) or more political subdivisions may contract to pool their liabilities as a group under this chapter. The pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance or the establishment of self-insurance reserves or a combination of insurance and reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.

(6) The board shall have subrogation rights against a third party for amounts paid out of any plan of self-insurance administered by the board pursuant to this section on behalf of a governmental entity that is not a political subdivision as a result of damages caused under circumstances creating a cause of action in favor of such governmental entity against a third party. The board shall deposit in the Tort Claims Fund all monies received in connection with the settlement or payment of any claim, including proceeds from the sale of salvage.

(7) During fiscal year 2017, the board shall have full authority to assess agencies and governmental entities as per Section 11-46-19(1)(r) .
Miss. Code Ann. § 11-53-53 — MS Code / Title 11 / Chapter 27 / 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. § 11-57-15 — MS Code / Title 11 / Chapter 27 / Section 57-15
Miss. Code Ann. § 11-57-15
Status: in_force

This chapter shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after August 1, 2002; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached before such date is either effective or ineffective.
Miss. Code Ann. § 11-73-5 — MS Code / Title 11 / Chapter 45 / Section 73-5
Miss. Code Ann. § 11-73-5
Status: in_force

A claimant who prevails in a suit under this chapter may be awarded:

(a) Compensatory damages;

(b) Court costs; and

(c) Reasonable attorneys' fees.
Miss. Code Ann. § 11-51-37 — MS Code / Title 11 / Chapter 49 / 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. § 11-53-21 — MS Code / Title 11 / Chapter 33 / Section 53-21
Miss. Code Ann. § 11-53-21
Status: in_force

In cases commenced or continued on an affidavit of poverty, the officers of the court shall perform all the duties required in the prosecution of the suit, and the witnesses shall attend until released; but in the case of failure to prosecute his suit to effect, judgment shall be given against the plaintiff for costs, and execution may be issued as in other cases.
Miss. Code Ann. § 11-71-11 — MS Code / Title 11 / Chapter 33 / Section 71-11
Miss. Code Ann. § 11-71-11
Status: in_force

(1) Notwithstanding any other provision of this chapter, the immunities provided in this chapter shall not apply where the plaintiff shows, by clear and convincing evidence, that a defendant, or any employee or agent thereof, acted with actual malice or willful, intentional misconduct.

(2) Nothing in this chapter:

(a) Creates, recognizes or ratifies a claim or cause of action of any kind;

(b) Eliminates a required element of any claim;

(c) Affects workers' compensation law, including the exclusive application of such law; or

(d) Amends, repeals, alters or affects any other immunity or limitation of liability.
Miss. Code Ann. § 11-41-3 — MS Code / Title 11 / Chapter 39 / 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. § 11-43-25 — MS Code / Title 11 / Chapter 15 / Section 43-25
Miss. Code Ann. § 11-43-25
Status: in_force

Whenever the judge or chancellor, on issuing a writ of habeas corpus, shall be satisfied, by affidavit or otherwise, that the person unlawfully depriving another of his liberty has committed a crime in connection with such unlawful act, he may embody in the writ a warrant for the arrest of such person and have him brought up for examination at the hearing of the habeas corpus; and being satisfied, on the trial and examination, of the guilt of such person, the judge or chancellor shall commit him, or order his release on bail, to appear before the proper court to answer the charge.
Miss. Code Ann. § 11-47-9 — MS Code / Title 11 / Chapter 46 / Section 47-9
Miss. Code Ann. § 11-47-9
Status: in_force

If a person beginning any such suit, by declaration, bill, or cross-complaint affecting real estate, or if an officer levying any process upon real estate, shall fail to have the required notice entered in the lis pendens record, such suit or levy shall not affect the rights of bona fide purchasers or incumbrancers of such real estate, unless they have actual notice of the suit or levy.
Miss. Code Ann. § 11-35-49 — MS Code / Title 11 / Chapter 9 / Section 35-49
Miss. Code Ann. § 11-35-49
Status: in_force

Writs of garnishment, in all cases, may be issued to any county; but if the garnishee whose answer is contested, shall not be a resident of the county, then, upon an issue being made upon his answer, the venue of the trial of the issue may be changed, on his application, to the county of his residence. The court in which the issue is tried shall cause the facts found to be certified and returned with the issue to the court from which the writ issued, and judgment shall be entered thereupon as if the issue had there been tried.
Miss. Code Ann. § 11-35-27 — MS Code / Title 11 / Chapter 15 / Section 35-27
Miss. Code Ann. § 11-35-27
Status: in_force

Except as otherwise provided in Section 11-35-23 , garnishees shall, in all cases in the circuit or chancery court, answer on the first day of the return term, and, in the courts of justices of the peace, they shall answer by noon on the return day of the writ, unless the court, for cause shown, shall grant further time; and, if upon the answer of any garnishee, it appear that there is any estate of the defendant in the hands of any person not summoned, an alias writ may at once be issued, to be levied on the property in the hands of such person, or he may be summoned as garnishee.
Miss. Code Ann. § 11-19-97 — MS Code / Title 11 / Chapter 5 / Section 19-97
Miss. Code Ann. § 11-19-97
Status: in_force

The jury shall find the actual cash value of such improvements and the amount of taxes paid, the value of the mesne profits and damages, and the actual cash value of the land without the improvements. Where the value of the improvements and taxes exceed the value of the mesne profits and damages, the defendant shall have a lien upon the land for the difference between the value of the mesne profits and the value of the improvements and taxes so found, and execution shall not issue in favor of the plaintiff until he shall have paid the amount so due to the defendant. Unless the plaintiff, within three months after the rendition of the verdict, pay the amount so due, the defendant may pay to the plaintiff the assessed value of the land with interest from the date of the verdict, and pay the costs of the suit, and thereupon the execution of the judgment for the recovery of the land shall be perpetually stayed. If the defendant fail to pay to the plaintiff the value of the land so assessed, with interest and costs of suit, within three months after the expiration of the time allowed the plaintiff for making payment, an execution shall issue for the sale of the land recovered in the ejectment.
Miss. Code Ann. § 11-5-81 — MS Code / Title 11 / Chapter 1 / Section 5-81
Miss. Code Ann. § 11-5-81
Status: in_force

Whenever the court shall render an order, judgment, or decree for the payment of money against any executor, administrator, or guardian, or any other party litigant therein, a compliance with such order, judgment or decree may be enforced by process of fieri facias or garnishment.
Miss. Code Ann. § 11-37-125 — MS Code / Title 11 / Chapter 7 / 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. § 11-33-11 — MS Code / Title 11 / Chapter 17 / Section 33-11
Miss. Code Ann. § 11-33-11
Status: in_force

The creditor, his agent, or attorney, shall also give bond, with a sufficient surety or sureties, to be approved by the officer issuing the attachment, in double the sum for which the complaint is made payable to the defendant and conditioned to the effect following, to wit:

“The condition of the above obligation is that, whereas, the above bound __________ prays an attachment against the estate of The said __________ for the sum of __________ dollars, returnable to the __________ court of __________, on the ___ day of __________ next:

“Now, if the plaintiff shall pay to the defendant all such damages as he shall sustain by the wrongful suing out of the attachment, and all costs which may be awarded against the plaintiff in said suit, then the obligation shall be void.”

The bond, together with the affidavit for the attachment, shall be returned by the officer taking the same to the court to which the attachment is returnable.
Miss. Code Ann. § 11-53-55 — MS Code / Title 11 / Chapter 7 / 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. § 11-33-95 — MS Code / Title 11 / Chapter 5 / 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. § 11-29-5 — MS Code / Title 11 / Chapter 19 / Section 29-5
Miss. Code Ann. § 11-29-5
Status: in_force

Before the writ of sequestration shall issue in any case, the complainant shall enter into bond with sufficient sureties, payable to the defendant, in double the value of the property proposed to be seized, to be fixed by the clerk from affidavit, or such evidence as may satisfy him, conditioned to pay all damages which may accrue from the wrongful seizure of the property to be sequestered, which bond shall be filed in the cause.
Miss. Code Ann. § 11-27-45 — MS Code / Title 11 / Chapter 17 / Section 27-45
Miss. Code Ann. § 11-27-45
Status: in_force

All companies, or associations of persons incorporated or organized for the purposes set forth in Section 11-27-41 may acquire a right-of-way across railroads by condemnation by the exercise of such right of eminent domain. If a right-of-way across a railroad has been condemned by a hydroelectric company, as herein defined, the railroad company shall be advised of the manner in which said hydroelectric company proposes to erect its poles and string its wires and conductors, 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, wires and conductors shall be constructed, and the railroad shall be crossed as ordered and in no other manner.
Miss. Code Ann. § 11-51-93 — MS Code / Title 11 / Chapter 11 / 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. § 11-51-27 — MS Code / Title 11 / Chapter 13 / Section 51-27
Miss. Code Ann. § 11-51-27
Status: in_force

An appeal may be granted by the court in all cases, upon terms prescribed, which shall include payment of all costs in the lower court.
Miss. Code Ann. § 11-77-3 — MS Code / Title 11 / Chapter 73 / 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. § 11-35-31 — MS Code / Title 11 / Chapter 25 / Section 35-31
Miss. Code Ann. § 11-35-31
Status: in_force

If a garnishee, personally summoned, shall fail to answer as required by law, or if a scire facias on a judgment nisi be executed on him, and he fail to show cause for vacating it, the court shall enter a judgment against him for the amount of plaintiff's demand; and execution shall issue thereon, provided, however, that the garnishee may suspend the execution by filing a sworn declaration in said court showing the property and effects in his possession belonging to the debtor, and his indebtedness to the debtor, if any, or showing that there be none, if that be true; and by such act and upon a hearing thereon, the garnishee shall limit his liability to the extent of such property and effects in his hands, and such indebtedness due by him to the debtor, plus court costs and reasonable attorney's fees of the judgment creditor in said garnishment action.
Miss. Code Ann. § 11-35-33 — MS Code / Title 11 / Chapter 21 / Section 35-33
Miss. Code Ann. § 11-35-33
Status: in_force

Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Miss. Code Ann. § 11-39-3 — MS Code / Title 11 / Chapter 33 / 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. § 11-25-15 — MS Code / Title 11 / Chapter 15 / 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. § 11-25-19 — MS Code / Title 11 / Chapter 21 / Section 25-19
Miss. Code Ann. § 11-25-19
Status: in_force

If on the day of court and at the place designated, it appears that the defendant has been duly served with the warrant, the justice court judge shall proceed, without further pleadings in writing, to the trial of the complaint.
Miss. Code Ann. § 11-27-30 — MS Code / Title 11 / Chapter 7 / 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. § 11-46-11 — MS Code / Title 11 / Chapter 23 / 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. § 11-21-73 — MS Code / Title 11 / Chapter 11 / Section 21-73
Miss. Code Ann. § 11-21-73
Status: in_force

A tenant in common of personal property, not exceeding in value the amount provided in Section 9-11-9 , may apply for a partition of it by petition in writing to the county court of the county in which the property or some part of it may be, or, in counties not having a county court, to the justice court of the county in which the property or some part of it may be. Thereupon, all the cotenants shall be summoned and the rights of parties ascertained, and an order made for a division of the property. If the property be incapable of division in kind according to the several interests, or if a sale and division of the proceeds will better promote the interests of parties, the county court or justice court, as the case may be, shall order a sale and a division of its proceeds, and may designate a person to make the sale, and may issue execution specially framed to that end, and make all orders necessary or proper to protect the rights of parties and to effect a sale and division of the proceeds.
Miss. Code Ann. § 11-43-3 — MS Code / Title 11 / Chapter 29 / Section 43-3
Miss. Code Ann. § 11-43-3
Status: in_force

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

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

Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradited, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.
Miss. Code Ann. § 11-35-39 — MS Code / Title 11 / Chapter 29 / Section 35-39
Miss. Code Ann. § 11-35-39
Status: in_force

The garnishee may plead that the judgment under which the writ of garnishment was issued is void, and if his plea be sustained, no judgment shall be rendered against him.
Miss. Code Ann. § 11-23-11 — MS Code / Title 11 / Chapter 5 / 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. § 11-27-25 — MS Code / Title 11 / Chapter 1 / Section 27-25
Miss. Code Ann. § 11-27-25
Status: in_force

Upon the return of the verdict, the court shall enter a judgment as follows, viz: “In this case the claim of (naming him or them) to have condemned certain lands named in the complaint, to-wit: (here describe the property), being the property of (here name the owner), was submitted to a jury composed of (here insert their names) on the ___ day of __________, A.D., __________, and the jury returned a verdict fixing said defendant's compensation and damages at __________ Dollars, and the verdict was received and entered. Now, upon payment of the said award, with legal interest from the date of the filing of the complaint, ownership of the said property shall be vested in plaintiff and it may be appropriated to the public use as prayed for in the complaint. Let the plaintiff pay the costs, for which execution may issue.”
Miss. Code Ann. § 11-27-87 — MS Code / Title 11 / Chapter 17 / 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. § 11-51-101 — MS Code / Title 11 / Chapter 43 / Section 51-101
Miss. Code Ann. § 11-51-101
Status: in_force

(1) The state and any county or municipality of the state, and the officials representing the state, county or municipality, in any suit or action, and any state, county or municipal officer who is a party to any suit or action in his official character, in which suit or action the state, county or municipality is beneficially interested, and the several incorporated charitable or educational institutions established and maintained by the state, and all corporate instrumentalities wholly owned by the United States government, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court; however, the cost of the preparation of the record of the proceedings in the trial court shall be prepaid. In any such case, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required.

(2) Any person who is a party to a suit or action in his individual capacity, which suit arises from allegedly tortious actions and deeds committed by him during the time he was a member, trustee, director, superintendent, official or employee, as the case may be, of the Department of Corrections, the State Penitentiary or the state psychiatric hospitals or institutions, and which allegedly tortious acts and deeds were committed by the person in the performance of his duties or employment, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court, including the costs of the preparation of the record of the proceedings in the trial court. In those cases, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required. The provisions of this section shall not apply to any such judgment, decree, decision or order in favor of the State of Mississippi.
Miss. Code Ann. § 11-44-5 — MS Code / Title 11 / Chapter 41 / Section 44-5
Miss. Code Ann. § 11-44-5
Status: in_force

Jurisdiction of all claims of wrongful conviction and imprisonment brought under this chapter shall lie in the circuit court of the county in which the claimant was convicted. The respondent will be the State of Mississippi, which will be represented by the Attorney General's office.
Miss. Code Ann. § 11-9-119 — MS Code / Title 11 / Chapter 9 / Section 9-119
Miss. Code Ann. § 11-9-119
Status: in_force

The scire facias to be issued by the justice for a defaulting witness may be as follows, viz.:

“The State of Mississippi.

“To any lawful officer of __________ County:

“This is to command you to make known to __________ that a judgment in favor of __________ for ten dollars has been given against him by me, a justice of the peace of __________ County, for his default in not appearing before me, at __________, on the ___ day of __________ A.D. __________, to testify as a witness for __________ in the case of __________ against __________, No.__________ as he has been subpoenaed to do; and unless, on the ___ day of __________, A.D. __________, before me at __________, at __________, o'clock, __________, he shall show cause to the contrary, the said judgment will be made final; and have there then this writ.

“Witness my hand this the ___ day of __________, A.D.__________ J.P.”
Miss. Code Ann. § 11-21-75 — MS Code / Title 11 / Chapter 5 / Section 21-75
Miss. Code Ann. § 11-21-75
Status: in_force

If partition be ordered, it shall be made by the county court or the justice of the peace, as the case may be, who shall value the property and divide it equally into as many shares as there are separate owners, and allot the several shares to the different owners after the manner prescribed for the proceeding of commissioners to make partition of real estate, as nearly as may be. A statement of such allotment shall be made by the county judge or the justice on his docket, so as to show what property was allotted to each party. The allotment shall vest the title of the property in the parties to whom it is allotted.
Miss. Code Ann. § 11-23-27 — MS Code / Title 11 / Chapter 11 / Section 23-27
Miss. Code Ann. § 11-23-27
Status: in_force

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

State of Mississippi, __________ County:

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

“Sworn to and subscribed before me, __________, A.D.____________________, J. P.”
Miss. Code Ann. § 11-11-57 — MS Code / Title 11 / Chapter 9 / Section 11-57
Miss. Code Ann. § 11-11-57
Status: in_force

A civil suit shall not be removed more than once, or in any other manner than as prescribed, and in no case where it shall appear that there has been unnecessary delay or negligence in making the application.
Miss. Code Ann. § 11-15-33 — MS Code / Title 11 / Chapter 13 / Section 15-33
Miss. Code Ann. § 11-15-33
Status: in_force

The costs of the proceedings, after an application to the court for its action upon the award, and the fees allowed by law to the arbitrators, where no provision for payment is made thereof in the award, shall be taxed and collected as in other suits.
Miss. Code Ann. § 11-55-13 — MS Code / Title 11 / Chapter 11 / 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. § 11-27-37 — MS Code / Title 11 / Chapter 1 / Section 27-37
Miss. Code Ann. § 11-27-37
Status: in_force

In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorneys' fees, incurred by him in defending the suit.
Miss. Code Ann. § 11-67-11 — MS Code / Title 11 / Chapter 33 / 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. § 11-67-15 — MS Code / Title 11 / Chapter 47 / 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. § 11-59-11 — MS Code / Title 11 / Chapter 9 / Section 59-11
Miss. Code Ann. § 11-59-11
Status: in_force

An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section 11-59-5 must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Miss. Code Ann. § 11-46-1 — MS Code / Title 11 / Chapter 23 / Section 46-1
Miss. Code Ann. § 11-46-1
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) “ Law ” means all species of law, including, but not limited to, any and all constitutions, statutes, case law, common law, customary law, court order, court rule, court decision, court opinion, court judgment or mandate, administrative rule or regulation, executive order, or principle or rule of equity.
Miss. Code Ann. § 11-37-109 — MS Code / Title 11 / Chapter 11 / Section 37-109
Miss. Code Ann. § 11-37-109
Status: in_force

The writ of replevin shall command the sheriff, or other lawful officer, to immediately seize and take possession of the property described in the writ and deliver it to the plaintiff after two (2) days, unless bonded by the defendant, and summon the defendant to appear before the court shown in the writ, in termtime or in vacation, and to answer to the action of the plaintiff.
Miss. Code Ann. § 11-17-27 — MS Code / Title 11 / Chapter 5 / Section 17-27
Miss. Code Ann. § 11-17-27
Status: in_force

Sections 11-17-19 through 11-17-27 shall be applicable to all sales, conveyances and leases of real property, other than sixteenth section school lands or lands granted in lieu thereof, made by any county, municipality, supervisor's district or other political subdivision of the State of Mississippi, acting either jointly or separately, to any person, firm or corporation, including, but not being limited to, sales, conveyances and leases made under the authority of Sections 57-1-1 through 57-1-51 , any other statute of the State of Mississippi, whether same be general, special or local and private, and sales, conveyances and leases made under the general authority of counties, municipalities, and other political subdivisions, whether same were authorized by a specific statute or not.
Miss. Code Ann. § 11-21-75 — MS Code / Title 11 / Chapter 1 / Section 21-75
Miss. Code Ann. § 11-21-75
Status: in_force

If partition be ordered, it shall be made by the county court or the justice of the peace, as the case may be, who shall value the property and divide it equally into as many shares as there are separate owners, and allot the several shares to the different owners after the manner prescribed for the proceeding of commissioners to make partition of real estate, as nearly as may be. A statement of such allotment shall be made by the county judge or the justice on his docket, so as to show what property was allotted to each party. The allotment shall vest the title of the property in the parties to whom it is allotted.
Miss. Code Ann. § 11-53-49 — MS Code / Title 11 / Chapter 15 / 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. § 11-61-3 — MS Code / Title 11 / Chapter 51 / Section 61-3
Miss. Code Ann. § 11-61-3
Status: in_force

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

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

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

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

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

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

(d) “ Public event ” means an event held or sponsored by a governmental entity, including, but not limited to, an award ceremony, a graduation ceremony or public meeting.
Miss. Code Ann. § 11-49-3 — MS Code / Title 11 / Chapter 7 / Section 49-3
Miss. Code Ann. § 11-49-3
Status: in_force

Every attorney or counselor at law receiving money for his client, and failing or refusing to pay the same when demanded, may be proceeded against in a summary way, by motion before the circuit court of the county where such attorney or counselor usually resides, or where he may be found, or before the court in which the money was collected, in the same manner that sheriffs are liable to be proceeded against for money collected on execution, five days' notice of such motion being given. In addition to the principal and legal interest, damages at ten per centum on the amount thereof shall be awarded. In case the failure to pay over said money shall appear to have been wilful and without reasonable excuse, the court shall fine and imprison such attorney or counselor as for a contempt and strike his name from the roll and revoke his license, or may suspend his right to practice until the money shall be paid over.
Miss. Code Ann. § 11-17-17 — MS Code / Title 11 / Chapter 5 / Section 17-17
Miss. Code Ann. § 11-17-17
Status: in_force

Sections 11-17-3 through 11-17-17 shall be liberally construed to validate and quiet title to lands heretofore passing under patent from the state and shall in no way be construed as repealing or limiting any other statutes now existing in aid of such titles under patents from the state.
Miss. Code Ann. § 11-71-13 — MS Code / Title 11 / Chapter 55 / 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. § 11-5-151 — MS Code / Title 11 / Chapter 1 / Section 5-151
Miss. Code Ann. § 11-5-151
Status: in_force

Receivers may be appointed by the chancellor in vacation, as well as by the chancery court in term time; and any receiver may be removed by the chancellor in vacation, as well as by the chancery court in term time; but before any receiver shall be so removed in vacation, the party applying therefor must give the adverse party, or his solicitor, and the receiver five days' notice of the time and place of presenting such application; such application may be heard in term time on two days' notice.
Miss. Code Ann. § 11-21-41 — MS Code / Title 11 / Chapter 19 / 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. § 11-33-61 — MS Code / Title 11 / Chapter 27 / Section 33-61
Miss. Code Ann. § 11-33-61
Status: in_force

The bond to discharge the attachment for a debt due may be in the following form, viz.:

“We, __________ principal, and __________ and __________, as sureties, are held and bound to pay __________ the sum of __________ dollars, unless the said __________ shall satisfy any judgment which may be recovered against him by the said __________ in his attachment suit against the said __________ for __________ dollars, returnable before the circuit court of __________ County, on the ___ day of __________ A.D. __________.”
Miss. Code Ann. § 11-62-7 — MS Code / Title 11 / Chapter 44 / Section 62-7
Miss. Code Ann. § 11-62-7
Status: in_force

(1) As used in this chapter, discriminatory action includes any action taken by the state government to:

(a) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in Section 11-62-5 ;

(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by such person;

(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;

(d) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to such person;

(e) Impose, levy or assess a monetary fine, fee, penalty or injunction;

(f) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, materially alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.

(2) The state government shall consider accredited, licensed or certified any person that would otherwise be accredited, licensed or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks or acts in accordance with a sincerely held religious belief or moral conviction described in Section 11-62-3 .
Miss. Code Ann. § 11-59-15 — MS Code / Title 11 / Chapter 35 / Section 59-15
Miss. Code Ann. § 11-59-15
Status: in_force

This chapter applies to requests for discovery in cases pending on July 1, 2011.
Miss. Code Ann. § 11-55-9 — MS Code / Title 11 / Chapter 19 / Section 55-9
Miss. Code Ann. § 11-55-9
Status: in_force

Nothing in this chapter shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay the client's attorney. Nothing in this chapter is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs, or an award of attorney's fees or costs in a manner different than that provided in this chapter.
Miss. Code Ann. § 11-53-75 — MS Code / Title 11 / Chapter 45 / Section 53-75
Miss. Code Ann. § 11-53-75
Status: in_force

On all executions in which any costs are included, there shall be entered thereon or annexed a copy of the bill of costs, specifying the particular items thereof, in intelligible words and figures, and each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each item therein is charged; and all such executions issuing without the copy of such bill of costs shall be illegal, and the sheriff or other officer shall not execute the same. The sheriff or other officer receiving the same shall add thereto, in like manner, his fees, including all additional fees and costs, and shall make out a fair copy of the same and deliver it, on demand, to the person from whom he receives the money or out of whose property he makes the same.
Miss. Code Ann. § 11-33-77 — MS Code / Title 11 / Chapter 11 / 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. § 11-33-91 — MS Code / Title 11 / Chapter 1 / Section 33-91
Miss. Code Ann. § 11-33-91
Status: in_force

The plaintiff may dismiss his attachment, but defendant shall have a jury impanelled forthwith to assess the damages sustained by reason of suing out the attachment.
Miss. Code Ann. § 11-37-157 — MS Code / Title 11 / Chapter 9 / Section 37-157
Miss. Code Ann. § 11-37-157
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-15-137 — MS Code / Title 11 / Chapter 1 / Section 15-137
Miss. Code Ann. § 11-15-137
Status: in_force

Upon the granting of an order confirming, modifying or correcting an award, a judgment or decree shall be entered and be enforced as any other judgment or decree. Costs may be awarded by the court.
Miss. Code Ann. § 11-43-21 — MS Code / Title 11 / Chapter 19 / Section 43-21
Miss. Code Ann. § 11-43-21
Status: in_force

All writs of habeas corpus may be issued or served on Sunday in case of emergency.
Miss. Code Ann. § 11-33-101 — MS Code / Title 11 / Chapter 11 / Section 33-101
Miss. Code Ann. § 11-33-101
Status: in_force

Any creditor of the defendant in attachment, upon filing a petition under oath, averring that he is a creditor, and that the grounds of attachment alleged are untrue, or that the attachment was sued out by collusion between the plaintiff and the defendant, or that the debt claimed by the defendant is fictitious or simulated, in whole or in part, or any other fact showing fraud or collusion in suing out the attachment, may intervene and make defense, and in such case the facts stated in the petition shall be tried; but the intervening creditor must give bond, payable to the plaintiff, in such penalty and with such sureties as the court or judge may prescribe, conditioned to pay the costs of the trial in case the issue be found against him.
Miss. Code Ann. § 11-46-8 — MS Code / Title 11 / Chapter 21 / Section 46-8
Miss. Code Ann. § 11-46-8
Status: in_force

Mississippi Department of Child Protection Services licensed foster parents shall be covered under this chapter for claims made by parties other than the foster child which are based on inadequate supervision or inadequate care of the foster child on the part of the foster parent.
Miss. Code Ann. § 11-45-23 — MS Code / Title 11 / Chapter 27 / Section 45-23
Miss. Code Ann. § 11-45-23
Status: in_force

When the state or any county, shall recover property by suit, the possession of the property shall be delivered to such officer, agent or representative of the state or county as may be designated by proper authority to receive it, or having right to its custody for the state or county.
Miss. Code Ann. § 11-19-11 — MS Code / Title 11 / Chapter 9 / Section 19-11
Miss. Code Ann. § 11-19-11
Status: in_force

If a tenant for life or lives be impleaded concerning the land holden, the person to whom the reversion or remainder belongs may come into court at any time before judgment, and shall be admitted to defend his right.
Miss. Code Ann. § 11-51-97 — MS Code / Title 11 / Chapter 33 / Section 51-97
Miss. Code Ann. § 11-51-97
Status: in_force

In all appeals and in proceedings of certiorari to the circuit court, the said court, on motion of the appellee or obligee, may inquire into the sufficiency of the amount of the bond, and of the security thereon, and may at any time require a new bond, or additional security, on pain of dismissal; and if any bond be defective, the principal therein may give a new one, which shall have the same effect as if given originally.
Miss. Code Ann. § 11-27-11 — MS Code / Title 11 / Chapter 23 / Section 27-11
Miss. Code Ann. § 11-27-11
Status: in_force

The circuit clerk shall deliver a copy of said order of the court fixing the time and place for the hearing to the sheriff of the county and to the official court reporter. The sheriff shall attend the court and execute all process. The court reporter shall take the testimony. The circuit clerk, in the presence of the sheriff and chancery clerk, shall draw from the jury box of the court the names of twenty-four (24) jurors, or such numbers of jurors as shall be ordered by the court, who shall serve in said court, and shall issue a venire facias to the sheriff, commanding him to summon the jurors so drawn to appear at the time and place designated by the order of the court. All acts and actions of the clerk and sheriff, including the return endorsed on each summons issued, shall be filed by the clerk and made a part of the record in the cause.
Miss. Code Ann. § 11-55-11 — MS Code / Title 11 / Chapter 13 / Section 55-11
Miss. Code Ann. § 11-55-11
Status: in_force

This chapter shall apply in all cases unless attorney's fees are otherwise specifically provided by statute or court rule, in which case the provision allowing the greater award shall prevail.
Miss. Code Ann. § 11-46-5 — MS Code / Title 11 / Chapter 7 / Section 46-5
Miss. Code Ann. § 11-46-5
Status: in_force

(1) Notwithstanding the immunity granted in Section 11-46-3 , or the provisions of any other law to the contrary, the immunity of the state and its political subdivisions from claims for money damages arising out of the torts of such governmental entities and the torts of their employees while acting within the course and scope of their employment is hereby waived from and after July 1, 1993, as to the state, and from and after October 1, 1993, as to political subdivisions; provided, however, immunity of a governmental entity in any such case shall be waived only to the extent of the maximum amount of liability provided for in Section 11-46-15 .

(2) For the purposes of this chapter an employee shall not be considered as acting within the course and scope of his employment and a governmental entity shall not be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted fraud, malice, libel, slander, defamation or any criminal offense other than traffic violations.

(3) For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment, except for actions described in subsection (2) of Section 73-25-33 and subsection (5) of this section.

(4) Nothing contained in this chapter shall be construed to waive the immunity of the state from suit in federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.

(5) For purposes of this chapter, an employee shall not be considered as acting within the course and scope of his or her employment and a governmental entity shall be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted a violation of Title 41, Chapter 141, Mississippi Code of 1972 .
Miss. Code Ann. § 11-37-101 — MS Code / Title 11 / Chapter 3 / 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. § 11-35-33 — MS Code / Title 11 / Chapter 13 / Section 35-33
Miss. Code Ann. § 11-35-33
Status: in_force

Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Miss. Code Ann. § 11-27-33 — MS Code / Title 11 / Chapter 25 / Section 27-33
Miss. Code Ann. § 11-27-33
Status: in_force

The provisions of this chapter shall not be applied to cases provided for by Section 233 of the Constitution , or to those cases covered under the provisions of Section 51-29-39, Mississippi Code of 1972 .
Miss. Code Ann. § 11-23-27 — MS Code / Title 11 / Chapter 19 / Section 23-27
Miss. Code Ann. § 11-23-27
Status: in_force

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

State of Mississippi, __________ County:

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

“Sworn to and subscribed before me, __________, A.D.____________________, J. P.”
Miss. Code Ann. § 11-53-19 — MS Code / Title 11 / Chapter 47 / Section 53-19
Miss. Code Ann. § 11-53-19
Status: in_force

The court may dismiss an action commenced or continued on affidavit of poverty, if satisfied that the allegation of poverty was untrue.
Miss. Code Ann. § 11-27-21 — MS Code / Title 11 / Chapter 5 / Section 27-21
Miss. Code Ann. § 11-27-21
Status: in_force

In determining damages, if any, to the remainder if less than the whole of a defendant's interest in property is taken, nothing shall be deducted therefrom on account of the supposed benefits incident to the public use for which the petitioner seeks to acquire the property.
Miss. Code Ann. § 11-21-39 — MS Code / Title 11 / Chapter 17 / Section 21-39
Miss. Code Ann. § 11-21-39
Status: in_force

Any mortgage or other lien executed by any joint tenant, tenant in common, or coparcener, shall remain in force on the share of such cotenant after partition, and on his share only; but this shall not prevent the holder of such mortgage or other lien from asserting claim to owelty awarded to such cotenant.
Miss. Code Ann. § 11-39-37 — MS Code / Title 11 / Chapter 23 / Section 39-37
Miss. Code Ann. § 11-39-37
Status: in_force

The compensation of trustees and others shall be determined by the court, and allowed out of the effects of the corporation or other body, under the control of the court.
Miss. Code Ann. § 11-53-67 — MS Code / Title 11 / Chapter 45 / Section 53-67
Miss. Code Ann. § 11-53-67
Status: in_force

Fees and costs shall not be payable by any person until there be produced to the person chargeable with the same a bill, or account in writing, containing the particulars of such fees, signed by the clerk or officer, in which shall be intelligently expressed and specified each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each fee is charged. If any fee shall be paid without the production of such bill, the party paying the same shall at all times be entitled to demand and have from the officer receiving the same a copy of such bill without charge.
Miss. Code Ann. § 11-51-99 — MS Code / Title 11 / Chapter 23 / Section 51-99
Miss. Code Ann. § 11-51-99
Status: in_force

The chancery court, in its discretion, may allow executors, administrators, guardians and conservators to appeal money or property judgments or orders against their wards or estates with supersedeas under any existing bond or one set for that purpose; but they shall pay the costs of the lower court including the Supreme Court filing fee.
Miss. Code Ann. § 11-5-75 — MS Code / Title 11 / Chapter 5 / Section 5-75
Miss. Code Ann. § 11-5-75
Status: in_force

The chancery court shall have jurisdiction of causes of action filed under the Uniform Fraudulent Transfer Act. Upon such a complaint, a writ of sequestration or injunction, or both, may be issued upon like terms and conditions as such writs may be issued in other cases, and subject to such proceedings and provisions thereafter as are applicable in other cases of such writs; and the chancellor of the proper district shall have power and authority to grant orders for receivers, in same manner as if the creditor had recovered judgment and had execution returned “no property found.” The creditor in such case shall have a lien upon the property described therein from the filing of his complaint, except as against bona fide purchasers before the service of process upon the defendant in the complaint.
Miss. Code Ann. § 11-21-37 — MS Code / Title 11 / Chapter 3 / Section 21-37
Miss. Code Ann. § 11-21-37
Status: in_force

Judgments making partition shall be recorded in the record book of conveyances of the county or district in which any of the lands are situated, within three (3) months after the partition is confirmed; and a partition, the judgment making which is not so deposited with the clerk for record, shall not be valid as against purchasers without notice, or against creditors.
Miss. Code Ann. § 11-39-15 — MS Code / Title 11 / Chapter 13 / Section 39-15
Miss. Code Ann. § 11-39-15
Status: in_force

During the pendency of the action, the court, or judge in vacation, may make all proper orders for preventing damage or injury to the plaintiff before the case is decided.
Miss. Code Ann. § 11-9-109 — MS Code / Title 11 / Chapter 3 / Section 9-109
Miss. Code Ann. § 11-9-109
Status: in_force

In cases of emergency, and where a constable or sheriff or deputy sheriff cannot be had in time, the clerk of the justice court may appoint some reputable person to execute any process, the clerk to be liable on his bond for all damage which may result to a party to the cause or other person from his appointment of an insolvent or incompetent person.
Miss. Code Ann. § 11-57-3 — MS Code / Title 11 / Chapter 21 / 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. § 11-29-3 — MS Code / Title 11 / Chapter 25 / Section 29-3
Miss. Code Ann. § 11-29-3
Status: in_force

Before any writ of sequestration shall issue, the complainant shall make and file an affidavit showing that he has good cause to believe, and does believe, that there is danger of the removal of the property involved in the suit beyond the limits of the state, or of its concealment in the state so as to be beyond the process of the court, or of its transfer so as to defeat the rights of the complainant, and that such removal, concealment, or transfer is about to occur, and, moreover, shall give the bond required by Section 11-29-5 .
Miss. Code Ann. § 11-39-35 — MS Code / Title 11 / Chapter 39 / 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. § 11-43-7 — MS Code / Title 11 / Chapter 38 / Section 43-7
Miss. Code Ann. § 11-43-7
Status: in_force

The writ of habeas corpus may be granted by a judge of the Supreme Court, or a judge of the circuit or chancery court, in term time or in vacation, returnable before himself or another judge.
Miss. Code Ann. § 11-37-157 — MS Code / Title 11 / Chapter 3 / Section 37-157
Miss. Code Ann. § 11-37-157
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-38-5 — MS Code / Title 11 / Chapter 9 / Section 38-5
Miss. Code Ann. § 11-38-5
Status: in_force

The clerk or justice issuing the writ may also, by a separate summons, require the parties to appear before him for a preliminary hearing to determine the rights of the parties to immediate possession of the property involved, at a time and place fixed in the summons, but shall allow the defendant not less than two (2) days' notice. At the preliminary hearing the clerk or justice shall determine whether the temporary possession of the property is to be delivered to the plaintiff, retained by the defendant, or whether the proper officer shall seize and hold the property until a hearing on the merits to determine what bond, if any, should be required. An appropriate writ shall thereupon be issued for the enforcement of the temporary order. Upon written demand of either party the clerk, when the action is before a clerk of the court, shall refer the action for such preliminary hearing before any justice of the county or the judge of the court from which the process was issued. If temporary possession be granted to the plaintiff, the bond shall be for double the value of the property, and if temporary possession be granted to the defendant and bond be required, it shall be for not less than double the value of the plaintiff's interest therein.

Preliminary hearings may be determined by the justice or judge designated without regard to jurisdictional amount.
Miss. Code Ann. § 11-43-3 — MS Code / Title 11 / Chapter 33 / Section 43-3
Miss. Code Ann. § 11-43-3
Status: in_force

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

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

Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradited, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.
Miss. Code Ann. § 11-49-1 — MS Code / Title 11 / Chapter 33 / Section 49-1
Miss. Code Ann. § 11-49-1
Status: in_force

Any attorney whose name is subscribed to or indorsed on any declaration or bill or petition in chancery, shall, on demand in writing, made by or on behalf of the defendant, declare forthwith, in writing, whether the suit has been brought by him, or with his authority or privity, and also the place of abode of the plaintiff; and if such attorney shall state that the suit was not brought by him, or with his authority or privity, or shall refuse to declare the place of abode of the plaintiff, then no further proceedings shall be taken in the action without leave of the court.
Miss. Code Ann. § 11-59-3 — MS Code / Title 11 / Chapter 23 / Section 59-3
Miss. Code Ann. § 11-59-3
Status: in_force

In this chapter:

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

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

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

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

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

(A) Attend and give testimony at a deposition;

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

(C) Permit inspection of premises under the control of the person.
Miss. Code Ann. § 11-51-79 — MS Code / Title 11 / Chapter 9 / Section 51-79
Miss. Code Ann. § 11-51-79
Status: in_force

No appeals or certiorari shall be taken from any interlocutory order of the county court, but if any matter or cause be unreasonably delayed of final judgment therein, it shall be good cause for an order of transfer to the circuit or chancery court upon application therefor to the circuit judge or chancellor. Appeals from the law side of the county court shall be made to the circuit court, and those from the equity side to the chancery court on application made therefor and bond given according to law, except as hereinafter provided. Such appeal shall operate as a supersedeas only when such would be applicable in the case of appeals to the Supreme Court. Appeals should be considered solely upon the record as made in the county court and may be heard by the appellate court in termtime or in vacation. If no prejudicial error be found, the matter shall be affirmed and judgment or decree entered in the same manner and against the like parties and with like penalties as is provided in affirmances in the Supreme Court. If prejudicial error be found, the court shall reverse and shall enter judgment or decree in the manner and against like parties and with like penalties as is provided in reversals in the Supreme Court; provided, that if a new trial is granted the cause shall be remanded to the docket of such circuit or chancery court and a new trial be had therein de novo. Appeals from the county court shall be taken and bond given within thirty (30) days from the date of the entry of the final judgment or decree on the minutes of the court; provided, however, that the county judge may within said thirty (30) days, for good cause shown by affidavit, extend the time, but in no case exceeding sixty (60) days from the date of the said final judgment or decree. Judgments or decrees of affirmance, except as otherwise hereinafter provided, may be appealed to the Supreme Court under the same rules and regulations and under the same penalties, in case of affirmance, as appertain to appeals from other final judgments or decrees of said courts, but when on appeal from the county court a case has been reversed by the circuit or chancery court there shall be no appeal to the Supreme Court until final judgment or decree in the court to which it has been appealed. When the result of an appeal in the Supreme Court shall be a reversal of the lower court and in all material particulars in effect an affirmance of the judgment or decree of the county court, the mandate may go directly to the county court, otherwise to the proper lower court. Provided, however, that when appeals are taken in felony cases which have been transferred from the circuit court to the county court for trial, and have been there tried, such appeals from the judgment of the county court shall be taken directly to the Supreme Court.
Miss. Code Ann. § 11-43-17 — MS Code / Title 11 / Chapter 15 / Section 43-17
Miss. Code Ann. § 11-43-17
Status: in_force

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

“The State of Mississippi, to __________:

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

And it may be served by such person as the judge granting it may direct, or by the sheriff or any constable, and it shall be served by the delivery of a true copy thereof to the person to whom it is directed, if to be found. And if it be directed to a sheriff or other officer who cannot be found, it may be served by leaving a copy with any deputy or servant of the officer to whom it is directed, at the place where the prisoner or other person is detained; and it shall be returned with an indorsement of service as in other cases.
Miss. Code Ann. § 11-15-117 — MS Code / Title 11 / Chapter 7 / Section 15-117
Miss. Code Ann. § 11-15-117
Status: in_force

(1) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the court by a party to the arbitration or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

(2) On application of a party to the arbitration, the arbitrators, in the manner and upon terms designated by the arbitrators, may permit a deposition to be taken of any person.

(3) Any prehearing discovery other than that referred to above shall only be permissible if agreed to by the parties involved in the arbitration.

(4) All provisions of law compelling a person under subpoena to testify are applicable.

(5) Fees for attendance as a witness shall be the same as for a witness in circuit court.
Miss. Code Ann. § 11-46-13 — MS Code / Title 11 / Chapter 17 / Section 46-13
Miss. Code Ann. § 11-46-13
Status: in_force

(1) Jurisdiction for any suit filed under the provisions of this chapter shall be in the court having original or concurrent jurisdiction over a cause of action upon which the claim is based. The judge of the appropriate court shall hear and determine, without a jury, any suit filed under the provisions of this chapter. Appeals may be taken in the manner provided by law.

(2) The venue for any suit filed under the provisions of this chapter against the state or its employees shall be in the county in which the act, omission or event on which the liability phase of the action is based, occurred or took place. The venue for all other suits filed under the provisions of this chapter shall be in the county or judicial district thereof in which the principal offices of the governing body of the political subdivision are located. The venue specified in this subsection shall control in all actions filed against governmental entities, notwithstanding that other defendants which are not governmental entities may be joined in the suit, and notwithstanding the provisions of any other venue statute that otherwise would apply.
Miss. Code Ann. § 11-53-69 — MS Code / Title 11 / Chapter 13 / 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. § 11-55-7 — MS Code / Title 11 / Chapter 38 / Section 55-7
Miss. Code Ann. § 11-55-7
Status: in_force

In determining the amount of an award of costs or attorney's fees, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney's fees and costs and the amount to be assessed:

(a) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted, and the time remaining within which the claim or defense could be filed;

(b) The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;

(c) The availability of facts to assist in determining the validity of an action, claim or defense;

(d) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;

(e) Whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict;

(f) The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;

(g) The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;

(h) The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;

(i) The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;

(j) The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and

(k) The period of time available to the attorney for the party asserting any defense before such defense was interposed.
Miss. Code Ann. § 11-62-9 — MS Code / Title 11 / Chapter 47 / 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. § 11-45-1 — MS Code / Title 11 / Chapter 38 / 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. § 11-5-163 — MS Code / Title 11 / Chapter 5 / Section 5-163
Miss. Code Ann. § 11-5-163
Status: in_force

In all cases in which it may be thought to be necessary for the protection of the estate of decedents, minors, and persons of unsound mind, a receiver may be appointed, either by the court or by the chancellor in vacation, subject to the provisions of sections 11-5-151 to 11-5-161 .
Miss. Code Ann. § 11-25-105 — MS Code / Title 11 / Chapter 13 / Section 25-105
Miss. Code Ann. § 11-25-105
Status: in_force

The party turned out of possession, or held out of possession, may exhibit his complaint before the judge or clerk of the county court of the county within which the lands, or some part thereof, may lie, to the following effect:

“County of __________, to-wit:

“AB, of said county, complains 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, whereof he prays the possession.

“AB, Plaintiff.”

The complaint shall be verified by the oath or affirmation of the plaintiff, certified at the foot hereof, after the following manner:

“County of __________, to-wit:

“This day the above-named AB made oath (or affirmed) before me, __________ of the county court for said county, that the allegations of the above complaint are correct and true.

“Given under my hand, this ___ day of __________ A.D. __________.
Miss. Code Ann. § 11-33-59 — MS Code / Title 11 / Chapter 17 / 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. § 11-63-1 — MS Code / Title 11 / Chapter 43 / 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. § 11-15-111 — MS Code / Title 11 / Chapter 3 / Section 15-111
Miss. Code Ann. § 11-15-111
Status: in_force

The powers of the arbitrators may be exercised by a majority of their number unless otherwise provided in the agreement or provision for arbitration.
Miss. Code Ann. § 11-31-9 — MS Code / Title 11 / Chapter 27 / Section 31-9
Miss. Code Ann. § 11-31-9
Status: in_force

The nonresident, absent or absconding debtor shall be made a party to such suit by publication of summons as in other cases, and may appear and plead, demur or answer to the bill without giving security. If such debtor fails to appear, the court shall have power to make any necessary orders to restrain the defendants within this state from paying, conveying away or secreting the debts by them owing, or the effects in their hands belonging to, the nonresident, absent or absconding defendant, and may order such debts to be paid or such effects to be delivered to the complainant on his giving security for the return thereof in such manner as the court may direct.
Miss. Code Ann. § 11-73-7 — MS Code / Title 11 / Chapter 65 / Section 73-7
Miss. Code Ann. § 11-73-7
Status: in_force

A person who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person and who is found liable under this chapter for any amount of damages proximately caused by the trafficking is jointly liable with any other defendant found liable under this chapter for the entire amount of damages proximately caused by the trafficking.
Miss. Code Ann. § 11-53-81 — MS Code / Title 11 / Chapter 46 / Section 53-81
Miss. Code Ann. § 11-53-81
Status: in_force

When any person fails to pay an open account within thirty (30) days after receipt of written demand therefor correctly setting forth the amount owed and an itemized statement of the account in support thereof, that person shall be liable for reasonable attorney's fees to be set by the judge for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the plaintiff. Evidence of receipt of written demand by the spouse of the debtor when they are living together as husband and wife on behalf of the debtor may be introduced as evidence of written demand on the debtor. If that person sued on the open account shall prevail in the suit, he shall be entitled to reasonable attorney's fees to be set by the judge.

If delivery of written demand on the debtor is attempted, but not accomplished because circumstances made delivery of written demand impossible, a notation, on the envelope containing the written demand, made by the person attempting delivery stating the date of the attempted delivery, the reasons why delivery could not be accomplished along with the initials of the person attempting delivery and making said notation may be introduced as evidence of written demand on the debtor, and if the judge in his discretion finds that sufficient evidence of due diligence in delivery of written demand has been made, he may make a conclusion of written demand for purposes of justice and find that there has been written demand on the debtor.
Miss. Code Ann. § 11-21-3 — MS Code / Title 11 / Chapter 9 / Section 21-3
Miss. Code Ann. § 11-21-3
Status: in_force

Partition of land held by joint tenants, tenants in common, or coparceners, having an estate in possession or a right of possession and not in reversion or remainder, whether the joint interest be in the freehold or in a term of years not less than five (5), may be made by judgment of the chancery court of that county in which the lands or some part thereof, are situated; or, if the lands be held by devise or descent, the division may be ordered by the chancery court of the county in which the will was probated or letters of administration granted, although none of the lands be in that county.

However, any person owning an indefeasible fee simple title to an undivided interest in land may procure a partition of said land and have the interest of such person set apart in fee simple free from the claims of life or other tenants, remaindermen or reversioners, provided the life or other tenants, and other known living persons having an interest in the lands, are made defendants if they do not join in the proceeding as plaintiffs.
Miss. Code Ann. § 11-15-37 — MS Code / Title 11 / Chapter 1 / Section 15-37
Miss. Code Ann. § 11-15-37
Status: in_force

This chapter shall not be construed to take away from the courts of equity their power over awards, nor to make invalid any award good at common law. It shall be liberally construed for the encouragement of the settlement of disputes and the prevention of litigation.
Miss. Code Ann. § 11-15-129 — MS Code / Title 11 / Chapter 5 / Section 15-129
Miss. Code Ann. § 11-15-129
Status: in_force

The term “court” as used in Sections 11-15-101 through 11-15-143 means the circuit court of the county as provided in Section 11-15-131 . The making of an agreement or provision for arbitration subject to Sections 11-15-101 through 11-15-143 and providing for arbitration in this state shall, whether made within or outside this state, confer jurisdiction on the court to enforce the agreement or provision under Sections 11-15-101 through 11-15-143 and to enter judgment on an award duly rendered in an arbitration thereunder and to vacate, modify or correct an award rendered thereunder for such cause and in the manner provided in Sections 11-15-101 through 11-15-143 .
Miss. Code Ann. § 11-33-21 — MS Code / Title 11 / Chapter 11 / Section 33-21
Miss. Code Ann. § 11-33-21
Status: in_force

The officer granting an attachment may issue duplicate writs to any other county in which the defendant may have property or debts due him, which writs shall be returnable to the court to which the original is returnable, and shall be executed and returned in like manner. Where the attachment has not been executed, or where no property has been found, or not sufficient to satisfy the debt, or where the plaintiff desires to garnish other persons, the clerk of the court to which same is returnable may issue alias writs to the same or other counties without a renewal bond or affidavit.