reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › GENERAL PROVISIONS (§§ 9-1-1 — 9-1-49) › Section 9-1-41 - Reasonableness of attorneys' fees; evidence

In any action in which a court is authorized to award reasonable attorneys' fees, the court shall not require the party seeking such fees to put on proof as to the reasonableness of the amount sought, but shall make the award based on the information already before it and the court's own opinion based on experience and observation; provided however, a party may, in its discretion, place before the court other evidence as to the reasonableness of the amount of the award, and the court may consider such evidence in making the award.
Laws, 1990, ch. 393, § 1, eff. 3/13/1990.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › GENERAL PROVISIONS (§§ 9-1-1 — 9-1-49) › Section 9-1-44 - Appropriation of funds from county general fund to supplement payment of expenses of office of chancery or circuit clerk under certain circumstances

If the total amount of all fees received by the office of the chancery clerk or by the office of the circuit clerk in any year are insufficient to pay the expenses of the office for that year, the clerk shall notify the board of supervisors, and if the board of supervisors makes a finding and enters on its minutes the finding that the fees received by the office of the clerk are insufficient to pay the expenses of the office for that year, then the board of supervisors, in its discretion, may appropriate funds from the general fund of the county to the office of the clerk as necessary to supplement the payment of the expenses of the office of the clerk.
Added by Laws, 2019, ch. 485, SB 2827,§ 13, eff. 4/18/2019.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › GENERAL PROVISIONS (§§ 9-1-1 — 9-1-49) › Section 9-1-45 - Filing of annual reports by chancery and circuit clerks; failure to provide report; notice of noncompliance; hearing to determine level of compliance; penalties for noncompliance

(1)
Each chancery and circuit clerk shall file, not later than April 15 of each year, with the State Auditor of Public Accounts a true and accurate annual report on a form to be designed and supplied to each clerk by the State Auditor of Public Accounts immediately after January 1 of each year. The form shall include the following information:
(a)
revenues subject to the salary cap, including fees;
(b)
revenues not subject to the salary cap; and
(c)
expenses of office, including any salary paid to a clerk's spouse or children. Each chancery and circuit clerk shall provide any additional information requested by the Public Employees' Retirement System for the purpose of retirement calculations.
(2)
In any county having two (2) judicial districts, a separate report may be filed by the chancery clerk and circuit clerk for each judicial district. Whenever the chancery clerk serves as deputy to the circuit clerk in one (1) judicial district and the circuit clerk serves as deputy to the chancery clerk in the other judicial district, each clerk may file, for the judicial district in which he serves, one (1) report for the revenues and expenses of his office in his capacity as chancery or circuit clerk and a separate report for reporting the revenues collected and expenses incurred in his capacity as deputy circuit or deputy chancery clerk.
(3)
If the chancery or circuit clerk fails to provide the reports required in this section, then the State Auditor shall give by United States certified mail, return receipt requested, written notification to the chancery or circuit clerk of noncompliance. If within thirty (30) days after receipt of the notice, the chancery or circuit clerk, in the opinion of the State Auditor, remains in noncompliance, the State Auditor may institute civil proceedings in a court of the county in which the clerk serves. The court, upon a hearing, shall decide the issue and if it determines that the clerk is not in substantial compliance, shall order the clerk to immediately and thereafter comply. Violations of any order of the court shall be punishable as for contempt. In addition, the court in its discretion may impose a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) upon the clerk, for which he shall be liable in his individual capacity, for any such noncompliance that the court determines as intentional or willful.
Laws, 1996, ch. 535, § 4; Laws, 1998, ch. 369, § 2; Laws, 2004, ch. 318, § 1, eff. 4/12/2004.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › GENERAL PROVISIONS (§§ 9-1-1 — 9-1-49) › Section 9-1-46 - Semiannual reports by clerks of county, municipal and justice courts to Administrative Office of Courts; information to be included

(1)
Semiannually, the circuit clerks of each county, the municipal court clerks of each municipality, and the justice court clerks of each county shall report to the Administrative Office of Courts the following information:
(a)
Individual misdemeanor and felony case records by offense, from the circuit clerk for all circuit and county court criminal proceedings, and from the municipal and justice court clerks for all misdemeanors, electronically when available, containing the date on which the criminal charges were filed, charge code and name of indicted offenses, count number of indicted offenses, whether counsel was appointed, the disposition of the charges, date disposed, date sentenced, charge code and name of sentenced offenses, and sentence length.
(b)
Data should be kept individually by case number and misdemeanor charges or indicted felony offense, and include, for criminal docket purposes, demographic information necessary for tracking individuals across multiple databases should be collected, including date of birth, city and state of residence, race, and gender.
(2)
The Administrative Office of Courts shall be empowered to establish a uniform reporting format for all court clerks described in subsection (1) of this section. Such reporting format shall emphasize the need for reporting information in a sortable, electronic format. All clerks who submit required information in other formats shall report to the Administrative Office of Courts a schedule for conversion to technology to enable the reporting of all required data in a sortable, electronic format.
(3)
Semiannual reports shall be made to the Administrative Office of Courts by December 31, 2014, or as soon thereafter as practicable, and every year thereafter, and on June 30, 2015, or as soon thereafter as practicable, and every year thereafter. On August 1, 2015, and each year thereafter, the Administrative Office of Courts shall provide to PEER and the Office of State Public Defender sortable, electronic copies of all reports required by this section.
(4)
The Administrative Office of Courts shall share the information required under this section with the Oversight Task Force.
Amended by Laws, 2016, ch. 487, SB 2314, 1, eff. 7/1/2016.
Added by Laws, 2014, ch. 457, HB 585, 65, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › GENERAL PROVISIONS (§§ 9-1-1 — 9-1-49) › Section 9-1-47 - Municipal and justice courts authorized to purge judgment rolls of fines and fees owed by deceased person

The municipal and justice courts are authorized to purge judgment rolls of all fines and fees owed by any deceased person upon presentation of proof that the person liable for such fines or fees is deceased.
Laws, 2009, ch. 499, § 2, eff. 4/6/2009.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › GENERAL PROVISIONS (§§ 9-1-1 — 9-1-49) › Section 9-1-49 - Report concerning certain persons' access to firearms

(1)
The clerk of the court shall prepare and forward to the Department of Public Safety the information described by subsection (2) of this section not later than the thirtieth day after the date the court:
(a)
Judicially determines that a person is a person with mental illness or person with an intellectual disability under Title 41, Chapter 21, Mississippi Code of 1972, whether ordered for inpatient treatment, outpatient treatment, day treatment, night treatment or home health services treatment;
(b)
Acquits a person in a criminal case by reason of insanity or on a ground of intellectual disability, without regard to whether the person is ordered by a court to receive inpatient treatment or residential care under Section
99-13-7
;
(c)
Appoints a guardian or conservator under Article 2, 3 or 4 of Title 93, Chapter 20, Mississippi Code of 1972, based on the determination that the person is incapable of managing his own person or estate;
(d)
Determines that a person is incompetent to stand trial pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice;
(e)
Finds under Section
93-20-318
or
93-20-430
that a person has been restored to reason; or
(f)
Enters an order of relief from a firearms disability under Section
97-37-5(4)
.
(2)
The clerk of the court shall prepare and forward the following information:
(a)
The complete name, race, and sex of the person;
(b)
Any known identifying number of the person, including social security number, driver's license number, or state identification card number;
(c)
The person's date of birth; and
(d)
The federal prohibited-person information that is the basis of the report required by this section.
(3)
If practicable, the clerk of the court shall forward to the Department of Public Safety the information described by subsection (2) of this section in an electronic format prescribed by the department.
(4)
If an order previously reported to the department under subsection (1) of this section is reversed by order of any court, the clerk shall notify the department of the reversal not later than thirty (30) days after the clerk receives the court order or the mandate from the appellate court.
(5)
The duty of a clerk to prepare and forward information under this section is not affected by:
(a)
Any subsequent appeal of the court order;
(b)
Any subsequent modification of the court order; or
(c)
The expiration of the court order.
Amended by Laws, 2019, ch. 463, SB 2828,§ 2, eff. 1/1/2020.
Added by Laws, 2013, ch. 384, SB 2647, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › ELECTRONIC FILING AND STORAGE OF COURT DOCUMENTS (§§ 9-1-51 — 9-1-59) › Section 9-1-51 - Definitions

For purposes of Sections
9-1-51
through
9-1-57
, the following terms shall have the meanings ascribed herein unless the context shall otherwise require:
(a)
"Court" shall mean the Supreme Court, Court of Appeals, circuit courts, chancery courts, county courts, youth courts, family courts, justice courts and the municipal courts of this state.
(b)
"Clerk" shall mean the clerks of any court.
(c)
"Judge" shall mean the senior judge of any court.
(d)
"County office" shall mean the office of the circuit clerk, chancery clerk, tax assessor and tax collector of every county of this state.
(e)
"Documents," "court records," or "court-related records" shall mean and include, but not be limited to, all contents in the file or record of any case or matter docketed by the court, administrative orders, court minutes, court dockets and ledgers, and other documents, instruments or papers required by law to be filed with the court.
(f)
"Electronic filing of documents" shall mean the transmission of data to a clerk of any court or state agency by the communication of information which is originally displayed in written form and thereafter converted to digital electronic signals, transformed by computer and stored by the clerk or state agency either on microfilm, magnetic tape, optical discs or any other medium.
(g)
"Electronic storage of documents" shall mean the storage, retention and reproduction of documents using microfilm, microfiche, data processing, computers or other electronic process which correctly and legibly stores and reproduces or which forms a medium for storage, copying or reproducing documents.
(h)
"Filing system" or "storage system" shall mean the system used by a court or county office for the electronic filing or storage of documents.
Laws, 1987, ch. 490, § 1; Laws, 1991, ch. 573, § 5; Laws, 1994, ch. 521, § 1; Laws, 1995, ch. 506, § 3; Laws, 1997, ch. 507, § 2, eff. 4/8/1997.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › ELECTRONIC FILING AND STORAGE OF COURT DOCUMENTS (§§ 9-1-51 — 9-1-59) › Section 9-1-53 - Authority to electronically file and store court documents

Courts and county offices are hereby authorized but not required to institute procedures for the electronic filing and electronic storage of court documents to further the efficient administration and operation of the courts. Electronically filed or stored documents may be kept in lieu of any paper documents. Courts governed by rules promulgated by the Mississippi Supreme Court that institute electronic filing and electronic storage of court documents and offices of circuit and chancery clerks that institute electronic filing and electronic storage of court documents shall do so in conformity with such rules and regulations prescribed by the Administrative Office of Courts and adopted by the Mississippi Supreme Court concerning court records or court-related records. The provisions of Sections
9-1-51
through
9-1-57
shall not be construed to amend or repeal any other provision of existing state law which requires or provides for the maintenance of official written documents, records, dockets, books, ledgers or proceedings by a court or clerk of court in those courts which do not elect to exercise the discretion granted by this section. It is hereby declared to be the intent of the Legislature that official written documents, records, dockets, books, ledgers or proceedings may be filed, stored, maintained, reproduced and recorded in the manner authorized by Sections
9-1-51
through
9-1-57
or as otherwise provided by law, in the discretion of the clerk.
Laws, 1987, ch. 490, § 2; Laws, 1991, ch. 573, § 6; Laws, 1994, ch. 521, § 2; Laws, 1997, ch. 507, § 3, eff. 4/8/1997.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › ELECTRONIC FILING AND STORAGE OF COURT DOCUMENTS (§§ 9-1-51 — 9-1-59) › Section 9-1-55 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Laws, 1987, ch. 490, § 3.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › ELECTRONIC FILING AND STORAGE OF COURT DOCUMENTS (§§ 9-1-51 — 9-1-59) › Section 9-1-57 - Plan for electronic storage system

A plan for the storage system shall require, but not be limited to, the following:
(a)
All original documents shall be recorded and released into the system within a specified minimum time period after presentation to the clerk;
(b)
Original paper records may be used during the pendency of any legal proceeding;
(c)
The plan shall include setting standards for organizing, identifying, coding and indexing so that the image produced during the duplicating process can be certified as a true and correct copy of the original and may be retrieved rapidly;
(d)
All materials used in the duplicating process which correctly and legibly reproduces or which forms a medium of copying or reproducing all public records, as herein authorized, and all processes of development, fixation and washing of said photographic duplicates shall be of a quality approved for permanent photographic records by the United States Bureau of Standards;
(e)
The plan shall provide for retention of the court records consistent with other law and in conformity with rules and regulations prescribed by the Administrative Office of Courts and adopted by the Mississippi Supreme Court and shall provide security provisions to guard against physical loss, alterations and deterioration; and
(f)
All transcripts, exemplifications, copies or reproductions on paper or on film of an image or images of any microfilmed or otherwise duplicated record shall be deemed to be certified copies of the original for all purposes.
Laws, 1987, ch. 490, § 4; Laws, 1994, ch. 521, § 3; Laws, 1997, ch. 507, § 4, eff. 4/8/1997.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › ELECTRONIC FILING AND STORAGE OF COURT DOCUMENTS (§§ 9-1-51 — 9-1-59) › Section 9-1-59 - Pleadings and other papers to be served, filed, signed or verified by electronic means; conformity with Mississippi Electronic Court System

Each circuit, chancery and county court in this state shall require all pleadings and other papers to be served, filed, signed or verified by electronic means in conformity with the Mississippi Electronic Court System procedures by July 1, 2021.
Added by Laws, 2020, ch. 426, HB 94,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › APPOINTMENT TO JUDICIAL OFFICE (§§ 9-1-101 — 9-1-107) › Section 9-1-101 - Definitions

As used in Sections
9-1-101
through
9-1-107
,
25-3-53
and
25-3-55
the following terms shall have the meaning ascribed to them herein:
(a)
"Judicial office" means the position of judge of the Court of Appeals, chancery, circuit or county court judge, or Supreme Court Justice.
(b)
"Judicial officer" means a judge of the Court of Appeals, chancery, circuit or county court, or a Supreme Court Justice.
Laws, 1989, ch. 587, § 1; Laws, 1993, ch. 518, § 16, eff. 7/13/1993 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › APPOINTMENT TO JUDICIAL OFFICE (§§ 9-1-101 — 9-1-107) › Section 9-1-103 - Vacancy in office

Whenever a vacancy shall occur in any judicial office by reason of death of an incumbent, resignation or retirement of an incumbent, removal of an incumbent from office, or creation of a new judicial office in which there has not heretofore been an incumbent, the Governor shall have the authority to appoint a qualified person to fill such vacancy to serve for the unexpired term or until such vacancy is filled by election as provided in Section
23-15-849
, Mississippi Code of 1972. When a vacancy shall occur for any of the reasons enumerated in this section, the clerk of the court shall notify the Governor of such vacancy immediately.
Laws, 1989, ch. 587, § 2, eff. 4/25/1989 (became law without the Governor's signature).
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 1 - PROVISIONS COMMON TO COURTS (§§ 9-1-1 — 9-1-107) › APPOINTMENT TO JUDICIAL OFFICE (§§ 9-1-101 — 9-1-107) › Section 9-1-107 - Senior judges

(1)
Retired Court of Appeals, chancery, circuit or county court judges or retired Supreme Court Justices, who have served as a judge or justice for at least six (6) years and who are either at least sixty-two (62) years of age or are receiving state retirement benefits and who desire to be designated as senior judges of the State of Mississippi shall file a certificate for such designation with the Supreme Court. The certificate shall be in such form as prescribed by the Supreme Court. The filing of such certificate shall place such judge on senior status.
(2)
If judges who are placed on senior status are receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Sections
25-11-1
through
25-11-139
, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of being placed on senior status or because of service as a special judge, pursuant to Section
9-1-105
, nor shall any sum be deducted as contributions toward retirement under such law.
(3)
The Supreme Court shall have the authority to promulgate rules and regulations governing the service and tenure of senior judges on senior status, and may remove from senior status any judge who does not comply with the dictates of this statute or who, without good cause, refuses appointment under Section
9-1-105
.
(4)
Any person appointed as senior judge on senior status hereunder shall, for the period of his service as a special judge pursuant to Section
9-1-105
, receive compensation from the state for each day's service a sum equal to 1/260 of the current salary in effect for the judicial offices. Any person appointed as a senior judge on senior status shall be reimbursed for travel expenses incurred in the performance of the official duties to which he may be appointed hereunder in the same manner as other public officials and employees as provided by Section
25-3-41
, Mississippi Code of 1972. Each judge so serving shall make out an itemized account of the number of days he in good faith served, and make affidavit to same and file it with the Clerk of the Supreme Court. The said clerk shall issue a certificate showing the length of time such senior judge or judges on senior status served, and the Department of Finance and Administration shall issue its warrant therefor.
(5)
During tenure as a senior judge, senior judges shall be deemed active members of the Mississippi Conference of Judges and shall be required to satisfy the requirements of continuing judicial education.
Laws, 1989, ch. 587, § 4; Laws, 1993, ch. 518, § 18; Laws, 2001, ch. 348, § 1, eff. 3/1/2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Amended by Laws, 2016, ch. 377, SB 2660, 1, eff. 4/6/2016.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-1 - Districts

The state shall be divided into three (3) Supreme Court districts, as follows, to wit:
The counties of Bolivar, Claiborne, Copiah, Hinds, Holmes, Humphreys, Issaquena, Jefferson, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Sharkey, Sunflower, Warren, Washington and Yazoo shall constitute the First District.
The counties of Adams, Amite, Clarke, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Lincoln, Marion, Pearl River, Perry, Pike, Simpson, Smith, Stone, Walthall, Wayne, and Wilkinson shall constitute the Second District.
The counties of Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, Coahoma, DeSoto, Grenada, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Webster, Winston and Yalobusha, shall constitute the Third District.
Codes, Hutchinson's 1848, ch. 55, art. 11 (1); 1857, ch. 63, art. 1; 1871, § 402; 1880, § 1397; 1892, § 4337; 1906, § 4900; Hemingway's 1917, § 3179; 1930, § 3357; 1942, § 1941; Laws, 1987, ch. 491, § 1, eff. 12/14/1987 (the date the United States Attorney General interposed no objection to the amendment).
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-3 - Terms of court

A term of the supreme court shall be held twice in each year in the city of Jackson, to be styled the Supreme Court; and the terms shall commence the second Monday of September and the first Monday of March, and the court shall be kept open for the discharge of business for at least nine months of every year if the business therein should require.
Codes, Hutchinson's 1848, ch. 55, arts. 11 (1), 12; 1857, ch. 63, art. 4; 1871, § 405; 1880, § 1398; 1892, § 4338; 1906, § 4901; Hemingway's 1917, § 3180; 1930, § 3358; 1942, § 1942; Laws, 1922, ch. 140.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-5 - Adjournment, if judges absent; special terms; discontinuances

If, at the commencement of any regular term, a quorum of the judges shall not be present, it shall be the duty of the clerk to adjourn the court from day to day, by an entry of the fact on the minute-book, for twelve juridical days; and if a quorum of the judges shall not appear by the thirteenth day, and if there should not be a clerk, or he shall not be in attendance, any of the judges of the court in attendance may adjourn it from day to day for twelve juridical days, but if two of the judges shall so order, the court shall stand adjourned to a later day, and notice of the order shall be published, as for a special term. And if there be a failure of the term, it shall be the duty of the judges, or any two of them, to order a special term, at such time as they may appoint, notice of which shall be published in a newspaper published in the city of Jackson, if there be one, and, if not, in some newspaper published at some other place in the state, for three weeks. And after a term has regularly commenced, the court, or any of the judges, may adjourn the court from day to day or from time to time, as may be necessary and proper; and there shall not be a discontinuance of any suit, process, matter, or thing, returned or pending in the court, because a sufficient number of judges shall not attend at the commencement of the term, or at any other day to which the court may have been adjourned; and in case a quorum of judges should not be present at any day to which the court may have been adjourned during a term, a further adjournment may be ordered.
Codes, Hutchinson's 1848, ch. 55, art. 2 (26); 1857, ch. 63, art. 6; 1871, § 407; 1880, § 1400; 1892, § 4340; 1906, § 4904; Hemingway's 1917, § 3183; 1930, § 3359; 1942, § 1943.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-6 - Recall of retired Supreme Court justices; compensation

(1)
The Supreme Court shall have the authority to request any supreme court justice who has retired from the court, except by defeat at the polls, to return to active service on an emergency basis.
(2)
It shall be the duty of such recalled judge, who consents to serve, to assist the court in the disposition of causes pending in the court and in the determination of causes presented to the court, under such rules and regulations as the supreme court may adopt. However, such judge shall not be entitled to vote in the decision of any case heard by the Supreme Court.
(3)
No such recalled judge may, during any fiscal year, receive compensation in excess of twenty-five percent (25%) of the current salary in effect for an associate justice of the Supreme Court. While serving under this section, such judge shall be compensated at the monthly rate of a regular supreme court justice.
(4)
If such recalled judge is receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Sections
25-11-1
through
25-11-139
, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of such service, nor shall any sum be deducted as contributions toward retirement under said act.
(5)
The Supreme Court may, by order spread upon its minutes, give a name or title to the judicial positions created by the provisions of this section.
Laws, 1981, ch. 360, § 1; reenacted, Laws, 1984, ch. 449, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-7 - How cost of notices paid

The cost of publishing the notices by order of the judges shall be paid out of the appropriation for the judicial department, and the auditor shall issue a warrant therefor on the order of the supreme court allowing the account for making the publication.
Codes, 1880, § 1401; 1892, § 4341; 1906, § 4905; Hemingway's 1917, § 3184; 1930, § 3360; 1942, § 1944.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-9 - Jurisdiction of the court

The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals, and shall hear and determine all manner of pleas, complaints, motions, causes, and controversies, civil and criminal, which are now pending therein, or which may be brought before it, and which shall be cognizable in said court; but a cause shall not be removed into said court until after final judgment in the court below, except as provided by Section
9-4-3
, or in cases particularly provided for by law; and the Supreme Court may grant new trials and correct errors of the circuit court in granting or refusing the same.
Provided, however, the Supreme Court shall have such original and appellate jurisdiction as may be otherwise provided by law in cases and proceedings for modification of any rates charged or sought to be charged to the public by any public utility.
Codes, Hutchinson's 1848, ch. 55, art. 2 (5), ch. 61, art. 7 (1); 1857 ch. 61, art. 166, ch. 63, art. 8; 1871, §§ 409, 648; 1880, §§ 1405, 1720; 1892, § 4345; 1906, § 4909; Hemingway's 1917, § 3187; 1930, § 3361; 1942, § 1945; Laws, 1983, ch. 467, § 2; Laws, 1993, ch. 518, § 19, eff. 7/13/1993 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-11 - The chief justice; presiding justices

The judge of the Supreme Court who has been for the longest time continuously a member of the court shall be chief justice; and, the two (2) judges of the supreme court who have served continuously for the next longest time shall be presiding justices. In case of the absence of the chief justice, the presiding justice who has been for the longest time continuously a member shall preside. In the event that two (2) or more judges of the Supreme Court shall have served as members of the Supreme Court for equal periods of time, then seniority shall be determined according to the length of time that such judges shall have been members of the Mississippi State Bar.
Codes, Hutchinson's 1848, ch. 55, art. 27; 1857, ch. 63, art. 18; 1871, § 420; 1880, § 1413; 1892, § 4351; 1906, § 4917; Hemingway's 1917, § 3193; 1930, § 3362; 1942, § 1946; Laws, 1976, ch. 305, eff. 5/1/1976.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-12 - Resignation and retirement of judges age 68 years and older; services and compensation of retired judge

(1)
Any judge of the Mississippi Supreme Court who has reached the age of sixty-eight (68) years, and who resigns as hereafter provided, may retire from active service as Chief, Presiding, or Associate Justice of the Supreme Court by forwarding a written resignation to the Governor, with a copy to the Supreme Court. Any vacancy on the Supreme Court shall be filled as provided by law. Such judge shall perform for the judges of the Supreme Court such service as the court may designate from time to time. There shall be no more than three (3) such judges serving at any one (1) time and each judge shall serve for a term equal to the balance of the term for which he was last elected by popular vote as a Supreme Court judge; provided, however, no such judge shall serve for a longer period than four (4) years. Such judge shall receive a salary equivalent to two-thirds (2/3) of the salary of an associate justice.
(2)
During his tenure, such judge shall continue to be deemed an official elected by popular vote for the remainder of the term to which he was elected by popular vote as a judge of the Supreme Court within the meaning of subsection (f) of Section
25-11-111
of the Mississippi Code of 1972, but such judge shall not be entitled to vote as to the decision of any case heard by the Supreme Court.
(3)
The provisions of this section shall not in any manner be construed to require any judge to resign, or to alter, limit or modify the privileges of a Supreme Court judge to resign from active service and to retire in the manner provided by law, or the privilege of a Supreme Court judge who so retires to receive full retirement benefits in the manner provided by law. However, no such judge who resigns under the provisions of this section shall receive retirement benefits while serving under the provisions of this section.
(4)
The Supreme Court may, by order spread upon its minutes, give a name or title to the judicial positions created by the provisions of this section.
Laws, 1973, ch. 452, §§ 1-4; Laws, 1994, ch. 335, § 1, eff. 4/14/1994.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-13 - Clerk of Supreme Court to take oath and give bond

The clerk of the Supreme Court, before he enters on the discharge of the duties of his office, shall take the oath prescribed in the constitution, and enter into bond with at least two sufficient sureties, to be approved by the court, or in vacation by two of the judges, payable to the state in the penalty of five thousand dollars, conditioned for the faithful performance of the duties of his office. The bond shall be recorded in the minutes of the court, and, immediately thereafter deposited and filed in the office of the secretary of state.
Codes, Hemingway's 1917, § 3226; 1930, § 3363; 1942, § 1947; Laws, 1908, ch. 143.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-14 - Appointment of clerk of Supreme Court

The clerk of the Supreme Court shall be appointed by majority vote of the Supreme Court and shall serve at the pleasure of the court.
Laws, 1979, ch. 393, eff. 3/19/1979.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-15 - How clerk of Supreme Court may appoint deputies

The clerk of the Supreme Court shall have power, with the approbation of the court, or of the judges in vacation, to appoint one or more deputies, who shall take the oath of office, and who thereupon shall have power to do and perform all the acts and duties which their principal may lawfully do; such approval, when given by the judges in vacation, shall be in writing, and shall be entered on the minutes of the court at the next term.
Codes Hutchinson's 1848, ch. 27, class 2, art. 1 (12); class 3, art. 1 (10); 1857, ch. 61, art. 17, ch. 62, art. 13; 1871, §§ 551, 990; 1880, § 2281; 1892, § 930; 1906, § 1006; Hemingway's 1917, § 726; 1930, § 747; 1942, § 1662.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-17 - Duties of clerk

The clerk shall carefully keep a minute of the proceedings of the court for each day, drawn up at large in a record book to be kept by him for that purpose; he shall seasonably record the judgments, decrees, orders, and decisions of the Court of Appeals and the Supreme Court; he shall safely keep all records, files, books and papers committed to his charge, and also all presses and furniture belonging to his office, and deliver such records, files, books, papers, presses and furniture to his successor in office; and in case of refusal or failure to deliver whatever belongs to his office to his successor, his bond may be put in suit by the Attorney General; he shall prepare for any person demanding the same a certified copy of any paper, record, decree, judgment, or entry on file in his office, proper to be certified, for the fees prescribed by law. The transcript filed in the Court of Appeals and Supreme Court, the process in each case, and the judgment or decree of the court thereon, shall be the final record in the cause, and certified as such by the clerk whenever an exemplification of the judgment or decree of the court may be required.
Codes, Hutchinson's 1848, ch. 27, class 4, art. 2 (7); 1857, ch. 63, art. 26; 1871, § 427; 1880, § 1445; 1892, § 4384; 1906, § 4949; Hemingway's 1917, § 3225; 1930, § 3364; 1942, § 1948; Laws, 1993, ch. 518, § 20, eff. 7/13/1993 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-19 - Civil docket

The clerk of the Supreme Court shall make out and keep a docket of civil cases pending in or which may be brought to the court and place thereon all such cases in the order in which they may have been or may be filed in his office, irrespective of districts.
Codes, Hemingway's 1917, § 3181; 1930, § 3365; 1942, § 1949; Laws, 1916, ch. 163.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-21 - Criminal docket

The clerk shall keep a docket of criminal cases, on which he shall enter all criminal cases brought before the court in the order in which they may be sent up or certified; and he shall keep such other dockets as may be deemed proper by the court. Provided, however, that all cases brought before the court in which the defendant has been sentenced to suffer the death penalty shall be preference cases, and shall be set down for hearing and submission not later than sixty (60) days after the filing of the transcript of the record in the office of the clerk of the Supreme Court. The Supreme Court, by order upon its minutes, for good cause shown and to prevent injustice, may extend the time for hearing or submission in any case in which the defendant has been sentenced to suffer the death penalty.
Codes, 1892, § 4386; 1906, § 4951; Hemingway's 1917, § 3227; 1930, § 3366; 1942, § 1950; Laws, 1954 Ex. ch. 19; Laws, 1977, ch. 458, § 11, eff. 4/13/1977.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-23 - Allowance for books

The Supreme Court shall make allowance to the clerk for all needful sums for supplying the office with necessary books, stationery, furniture, and presses for preserving the records and for the safe-keeping of the books and papers belonging to the office. The allowance, being certified to the auditor of public accounts by any of the judges, shall be paid out of the appropriation for the judicial department.
Codes, Hutchinson's 1848, ch. 27, class 4, art. 1 (32); 1857, ch. 63, art. 22; 1871, § 422; 1880, § 1411; 1892, § 4349; 1906, § 4915; Hemingway's 1917, § 3191; 1930, § 3367; 1942, § 1951.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-25 - Old records; how dealt with

The Supreme Court of the state of Mississippi is authorized to require its clerk, by order to that effect entered on its minutes, to destroy the transcript of the record, briefs of counsel, and related documents in any case appealed to it from a lower court after the expiration of five years from the rendition of the final judgment in the case by the Supreme Court. Before destroying such records the clerk of the supreme court shall advise the director of the department of archives and history of the contemplated destruction of the records, and, if the director of the department of archives and history shall so desire, the records, or such of them as he may desire, shall not be destroyed, but shall be immediately delivered to him for preservation in his office.
The transcripts of all existing records, briefs of counsel, and all other related documents, which the said clerk is not authorized to destroy, shall be collected by said clerk, under the direction of the Supreme Court, shall be cleaned, organized, and placed in shelves or files with adequate identifications of such records, and shall be maintained by the clerk in a place or places accessible to lawyers, judges and the general public, and in a manner best suited to their preservation. The capitol commission shall provide additional adequate and proper space for the storage of all such records, which in the opinion of the supreme court cannot be stored conveniently and efficiently in the clerk's record storage room of the new capitol adjoining the courtroom.
Codes, 1930, § 3368; 1942, § 1952; Laws, 1930, ch. 71; Laws, 1964, ch. 345, eff. 4/6/1964.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-27 - Supreme Court judges may employ secretaries and research assistants for the court

The judges of the Supreme Court are authorized and empowered to employ such number of secretaries and research assistants to said court as the court may deem necessary for its efficient operation, provided, that each of said research assistants herein authorized shall be qualified members of the Mississippi State Bar, or qualified for admission thereto under the laws of this state. They shall each receive a salary to be fixed by the judges of the Supreme Court, through an order entered on the minutes of said court, within the appropriation for the payment of such salaries in the Supreme Court. Said secretaries and research assistants, upon entering into the discharge of their duties, shall take an oath to be administered by one of the judges of said court that they will faithfully discharge the duties of said office and that they will not disclose the secrets or deliberations of the court, and they shall be removed at the pleasure of the court. Said secretaries and assistants shall be paid on a certificate by the chief justice or by a justice appointed by him to so act to the auditor of public accounts, who shall issue his warrant for the amount or amounts so certified to the state treasurer.
Codes, Hemingway's 1917, § 3151; 1930, § 3409; 1942, § 1993; Laws, 1910, ch. 232; Laws, 1924, ch. 340; Laws, 1928, ch. 187; Laws, 1948, ch. 219; Laws, 1950, ch. 337; Laws, 1952, ch. 246; Laws, 1964, ch. 346, § 2; Laws, 1966 Ex Sess, ch. 26, § 1; Laws, 1968, ch. 340, § 1, eff. 4/29/1968.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-28 - [Repealed]

Repealed by Laws, 1976, ch. 430, § 2, eff. 12/31/1978.
Laws, 1976, ch. 430, § 1.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-29 - Officers to attend the court; marshal and deputy marshals appointed; salaries

The Supreme Court may, by order entered on its minutes, appoint a marshal and such deputy marshals as the court may deem necessary not to exceed three (3), who shall hold their places during the pleasure of the court, and shall attend its sessions, and perform all the duties of a sheriff and deputies attending court, and shall obey all lawful orders of the court. Said marshal and deputy marshals shall each receive a salary to be fixed by the judges of the Supreme Court, through an order entered on the minutes of said court, within its appropriation. They shall be paid on a certificate by the chief justice, or by a justice appointed by him to so act, to the Auditor of Public Accounts, who shall issue his warrant for the amount or amounts so certified to the State Treasurer.
Codes, 1880, § 1451; 1892, § 4387; 1906, § 4952; Hemingway's 1917, § 3228; 1930, § 3369; 1942, § 1953; Laws, 1902, ch. 112; Laws, 1910, ch. 221; Laws, 1920, ch. 115; Laws, 1922, ch. 159; Laws, 1966 Ex Sess, ch. 25, § 1; Laws, 1998, ch. 522, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-31 - Court may require sheriff of Hinds county to attend

The Supreme Court may at any time require the sheriff of Hinds county, with a competent number of deputies, to attend and perform all lawful orders of the court; and, for any failure in this, after notice of the requirement by the court, the sheriff may be punished by the court for a contempt; and for attending the court he shall be allowed two dollars a day for each person so attending, to be paid as the marshal and porter are paid. And at all times, when proper, the court shall dispense with the services of a marshal and require the said sheriff to perform all its duties.
Codes, 1880, §§ 1452, 1453; 1892, § 4388; 1906, § 4953; Hemingway's 1917, § 3229; 1930, § 3370; 1942, § 1954.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-33 - and 9-3-35 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 9-3-33. [Codes, Hutchinson's 1848, ch. 55, art. 2 (5); 1857, ch. 63, art. 3; 1871, § 404; 1880, § 1404; 1892, § 4344; 1906, § 4908; Hemingway's 1917, § 3186; 1930, § 3373; 1942, § 1957] § 9-3-35. [Codes, 1880, § 1406; 1892, § 4346; 1906, § 4912; Hemingway's 1917, § 3188; 1930, § 3374; 1942, § 1958]
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-37 - Issues of fact may be tried

The supreme court may try and determine all issues of fact which may arise out of any appeal before it and be necessary to the disposition thereof, and, to this end, may, by order in each case, prescribe in what way evidence may be produced before it on the issue.
Codes, 1880, § 1412; 1892, § 4350; 1906, § 4916; Hemingway's 1917, § 3192; 1930, § 3376; 1942, § 1960.
Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 3 - SUPREME COURT (§§ 9-3-1 — 9-3-71) › GENERAL PROVISIONS (§§ 9-3-1 — 9-3-47) › Section 9-3-39 - Court may make and enforce rules

The Supreme Court shall have power to make such rules in respect to making out records for said court and for the Court of Appeals as may be expedient, and may prescribe the form and manner in which records shall be prepared for appeal, and cause the same to be bound, but shall not require any record to be printed; and may enforce its rules by proper fines or by refusal to allow costs to be taxed to the clerks below on records not made out according to the rules, or by refusing to permit such records to be filed. And the court may prescribe the mode of pleading in causes therein, civil and criminal, and the manner of trying the same; and may also establish such rules of practice and proceedings therein as may be deemed necessary and proper for certainty and dispatch of business, and may dismiss causes for noncompliance with any of the rules; but such rules must be consistent with law.
Codes, Hutchinson's 1848, ch. 55, art. 4; 1857, ch. 63, art. 24; 1871, § 426; 1880, § 1408; 1892, § 4348; 1906, § 4914; Hemingway's 1917, § 3190; 1930, § 3377; 1942, § 1961; Laws, 1993, ch. 518, § 21, eff. 7/13/1993 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).