reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-15 - Writ issued by judge or clerk

The judge granting the writ may order it to be issued by the Clerk of the Supreme Court, or of any circuit or chancery court, who shall immediately issue it on receiving the order; or, when not convenient to a clerk, the judge himself shall issue the writ. Any judge or chancellor who shall wilfully refuse or neglect to grant, or to issue and try, the writ of habeas corpus, when required by law to do so, shall be guilty of a high misdemeanor in office, and any clerk who shall not, when ordered, immediately issue the writ, and other process, shall be liable, on conviction thereof, to be removed from office; and the judge or clerk shall, in case of such neglect or refusal, be liable, civilly, to the party aggrieved.
Codes, Hutchinson's 1848, ch. 65, art. 1 (1, 13); 1857, ch. 48, arts. 4, 6; 1871, § 1401; 1880, § 2523; 1892, § 2233; 1906, § 2452; Hemingway's 1917, § 2018; 1930, § 1921; 1942, § 2822.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-17 - Form and service of writ

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.
Codes, 1871, § 1402; 1880, § 2524; 1892, § 2234; 1906, § 2453; Hemingway's 1917, § 2019; 1930, § 1922; 1942, § 2823.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-19 - Taking of person in certain cases

When it shall be shown to the judge to whom application is made for the writ, that there is reasonable ground to apprehend that the person in whose behalf the writ is applied for will be concealed or removed so as not to be brought up with the writ, it shall be the duty of the judge to order or issue the writ directed to the sheriff or other officer or person designated to execute it, commanding him to take the body of the person to be relieved by the writ, and bring him forthwith before the judge, and to summon the person alleged to have illegally detained him; in which case the form of the writ shall be, in substance, as follows, to wit:
"The State of Mississippi.
"To the sheriff or any lawful officer of ____________________ county:
"We command you to take and have the body of ____________________ restrained of his liberty, it is said, by ____________________, before ____________________, a judge of our ____________________ court, at ____________________, forthwith, to do and receive what shall then be considered; and do you summon the said ____________________ to appear, then and there to show the cause of detaining said ____________________; and have you then and there this writ, with your proceedings indorsed thereon. Witness my hand," etc.
The writ shall be executed according to its tenor and effect, and returned as other writs.
Codes, 1871, § 1403; 1880, § 2525; 1892, § 2235; 1906, § 2454; Hemingway's 1917, § 2020; 1930, § 1923; 1942, § 2824.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-21 - May be served on Sunday

All writs of habeas corpus may be issued or served on Sunday in case of emergency.
Codes, 1892, § 2236; 1906, § 2455; Hemingway's 1917, § 2021; 1930, § 1924; 1942, § 2825.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-23 - Where and when returnable

The writ of habeas corpus shall be returnable forthwith, or on a particular day within a reasonable time, and at a place to be named by the judge granting the writ. But when granted by a circuit judge or chancellor, on the application of any person in custody, before conviction upon a criminal charge under the laws of this state, the judge or chancellor shall cause the writ to be made returnable at a convenient place in the county in which the offense is alleged to have been committed, unless so doing will interfere with his holding of a term of court.
Codes, 1871, § 1404; 1880, § 2526; 1892, § 2237; 1906, § 2456; Hemingway's 1917, § 2022; 1930, § 1925; 1942, § 2826.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-25 - When person detaining another guilty of crime

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.
Codes, 1892, § 2238; 1906, § 2457; Hemingway's 1917, § 2023; 1930, § 1926; 1942, § 2827.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-27 - Production of the body

Whenever any writ of habeas corpus shall be served upon the sheriff or any other person to whom the same may be directed, or who may be ordered summoned thereby, he shall bring, or permit the officer executing the writ to bring, the body of the prisoner or person detained in custody before the judge who is to try the same, at the time and place designated in the writ, or, in case of the absence of such judge, then before any other judge, and to make return or answer to said writ.
Codes, Hutchinson's 1848, ch. 65, art. 1 (2); 1857, ch. 48, art. 7; 1871, § 1406; 1880, § 2528; 1892, § 2239; 1906, § 2458; Hemingway's 1917, § 2024; 1930, § 1927; 1942, § 2828.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-29 - What the return or answer shall contain

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.
Codes 1892, § 2240; 1906, § 2459; Hemingway's 1917, § 2025; 1930, § 1928; 1942, § 2829.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-31 - Penalty for disobedience of the writ

Any person who is duly served with a writ of habeas corpus commanding him to produce the body of any other person in his custody, who shall fail to produce the body of the person before the judge, according to the command of the writ, shall forfeit and pay to the party not so produced the sum of One Thousand Dollars ($1,000.00), to be recovered before any court having jurisdiction, the right to recover which shall not cease by the death of either party. The judge before whom the writ was made returnable may also punish the person failing to obey the command thereof or to perform the duties prescribed, or to obey such order as the judge may make, as for a contempt, and compel obedience by process of attachment or otherwise. Any officer from whom the custody of any person is taken by writ of habeas corpus who shall fail to return the cause of commitment of any prisoner or other person as prescribed, may be punished in like manner.
Codes, Hutchinson's 1848, ch. 65, art. 1 (3); 1857, ch. 48, art. 8; 1871, § 1407; 1880, § 2529; 1892, § 2241; 1906, § 2460; Hemingway's 1917, § 2026; 1930, § 1929; 1942, § 2830.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-33 - The trial

The judge or chancellor before whom the prisoner or other person may be brought, shall inquire into the cause of imprisonment or detention, and shall either discharge, commit, admit to bail, or remand the prisoner, or award the custody to the party entitled thereto, as the law and the evidence shall require; and may also award costs and charges, for or against either party, as may seem right. And the clerk of the court in whose office the proceedings may be filed, shall issue execution for the costs and charges so awarded, against the party bound therefor. But the judge may continue the trial from day to day as the case may require.
Codes, Hutchinson's 1848, ch. 65, art. 1 (4); 1857, ch. 48, art. 10; 1871, § 1049; 1880, § 2530; 1892, § 2242; 1906, § 2461; Hemingway's 1917, § 2027; 1930, § 1930; 1942, § 2831.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-35 - Temporary orders

The court or judge may make any temporary order in the cause during the progress of the proceedings that may be right and proper, or that justice may require.
Codes, 1892, § 2243; 1906, § 2462; Hemingway's 1917, § 2028; 1930, § 1931; 1942, § 2832.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-37 - Return not conclusive

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.
Codes, Hutchinson's 1848, ch. 65, art. 1 (5); 1857, ch. 48, art. 11; 1871, § 1410; 1880, § 2531; 1892, § 2244; 1906, § 2463; Hemingway's 1917, § 2029; 1930, § 1932; 1942, § 2833.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-39 - Witnesses subpoenaed-affidavits of

The judge or chancellor may issue or order subpoenas for witnesses and compel their attendance, as a circuit court could in term time, and fine witnesses or others for contempt. Whenever the personal attendance of a witness cannot be procured, his affidavit, taken on reasonable notice to the adverse party, may be received in evidence.
Codes, Hutchinson's 1848, ch. 65, art. 1 (6); 1857, ch. 48, art. 12; 1871, § 1411; 1880, § 2532; 1892, § 2245; 1906, § 2464; Hemingway's 1917, § 2030; 1930, § 1933; 1942, § 2834.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-41 - Record of proceedings

The proceedings and judgment shall in all cases be entered of record. If the trial be in vacation, the proceedings shall be written out and signed by the judge or chancellor and deposited with the clerk of the circuit court of the county in which the habeas corpus is tried, unless the judge shall direct it to be deposited with such clerk of some other county. If either party require it, the evidence shall be made a part of the record by bill of exceptions, as in other cases.
Codes, Hutchinson's 1848, ch. 65, art. 1 (7); 1857, ch. 48, art. 13; 1871, § 1412; 1880, § 2533; 1892, § 2246; 1906, § 2465; Hemingway's 1917, § 2031; 1930, § 1934; 1942, § 2835.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-43 - Conclusiveness of judgment

The judgment rendered on the trial of any writ of habeas corpus shall be conclusive until reversed, and, whilst so in force, shall be a bar to another habeas corpus in the same cause, or to any other proceedings, to bring the same matter again in question, except by appeal or by action for false imprisonment; nor shall any person so discharged be afterward confined for the same cause, except by a court of competent jurisdiction.
Codes, Hutchinson's 1848, ch. 65, art. 1 (8); 1857, ch. 48, art. 15; 1871, § 1413; 1880, § 2534; 1892, § 2247; 1906, § 2466; Hemingway's 1917, § 2032; 1930, § 1935; 1942, § 2836.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-45 - Sheriff to attend trial

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.
Codes, 1871, § 1414: 1880, § 2535; 1892, § 2248; 1906, § 2467; Hemingway's 1917, § 2033; 1930, § 1936; 1942, § 2837.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-47 - Costs in certain cases, and security for

When the application for a writ of habeas corpus is in the nature of a civil action between parties, the law providing for security for costs shall be applicable; and in such cases persons who may produce the body of another, or render other services, may be allowed the same fees as allowed by law to officers for the same services, the costs to be taxed and collected as in other cases.
Codes, 1880, § 2538; 1892, § 2249; 1906, § 2468; Hemingway's 1917, § 2034; 1930, § 1937; 1942, § 2838.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-49 - Defaulting witness dealt with

If a witness shall not obey the subpoena served on him in case of habeas corpus, the judge or chancellor may not only issue, or cause the clerk to issue, an attachment for the witness, but shall indorse on the subpoena the default of the witness and a fine therefor, and file it with the other papers in the clerk's office of the proper circuit court. Scire facias shall issue for the witness, returnable before the court, and proceedings shall be had as provided in case of a defaulting witness in the circuit court.
Codes, 1880, § 2539; 1892, § 2250; 1906, § 2469; Hemingway's 1917, § 2035; 1930, § 1938; 1942, § 2839.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-51 - Liabilities and rights of witnesses

Witnesses in a habeas corpus case shall be subject to the same penalties, and be entitled to the same privileges and compensation, and be paid in the same way, as in other cases. They may prove their attendance before the clerk in whose office the record of the proceeding is filed, and obtain from him a certificate of their attendance and of the compensation to which they are entitled, as in cases in the circuit courts; or the judge trying the case may give the witnesses certificates of their attendance and the compensation to which they are entitled, which shall have the same effect as such certificates in a like case by the clerk.
Codes, 1880, § 2541; 1892, § 2251; 1906, § 2470; Hemingway's 1917, § 2036; 1930, § 1939; 1942, § 2840.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-53 - Appeal in habeas corpus

Any party aggrieved by the judgment on the trial of a habeas corpus, shall have an appeal to the Supreme Court. If any person held in service by this state, or by the United States, should be discharged by any judge in vacation, or any court, on habeas corpus, the Attorney General or any district attorney, or any attorney duly authorized by the United States, may in like manner obtain an appeal to reverse the judgment by which such person was discharged.
Codes, Hutchinson's 1848, ch. 65, art. 9; 1857, ch. 48, art. 16, 17; 1871, §§ 1415, 1416; 1880, §§ 2312, 2313; 1892, § 35; 1906, § 36; Hemingway's 1917, § 11; 1930, § 15; 1942, § 1149.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-55 - Procedure on appeal from judgment on habeas corpus

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.
Codes, 1880, §§ 2337, 2338; 1892, § 63; 1906, § 64; Hemingway's 1917, § 40; 1930, § 43; 1942, § 1177.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-1 - Legislative findings and intent

The Legislature finds that innocent persons who have been wrongly convicted of felony crimes and subsequently imprisoned have been uniquely victimized, have distinct problems reentering society, and should be compensated. In light of the particular and substantial horror of being imprisoned for a crime one did not commit, the Legislature intends by enactment of the provisions of this chapter that innocent people who are wrongfully convicted be able to receive monetary compensation.
Laws, 2009, ch. 472, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-3 - Prerequisite for claim for compensation

(1)
In order to present an actionable claim for wrongful conviction and imprisonment under this chapter, a claimant must establish by documentary evidence that:
(a)
The claimant has been convicted of one or more felonies and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;
(b)
On grounds not inconsistent with innocence:
(i)
The claimant was pardoned for the felony or felonies for which sentenced and which are the grounds for the complaint and the pardon is based on the innocence of the claimant which must be affirmatively stated in the pardon; or
(ii)
The judgment of conviction was vacated and/or reversed;
(c)
If there was a vacatur or reversal, either the accusatory instrument was dismissed or nol prossed; or if a new trial was held, the defendant was found not guilty;
(d)
The claimant's claim is not time-barred by the provisions of this chapter; and
(e)
The claimant did not intentionally waive any appellate or post-conviction remedy otherwise available in order to benefit under this chapter.
(2)
The claim shall be verified by the claimant.
(3)
If the court finds after reading the claim that the claimant has not demonstrated the foregoing, it shall dismiss the claim, either on its own motion or on the state's motion. This dismissal shall be without prejudice to allow adequate refiling within ninety (90) days.
Laws, 2009, ch. 472, § 2, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-5 - Jurisdiction of claims for wrongful conviction and imprisonment

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.
Laws, 2009, ch. 472, § 3, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-9 - Statute of limitations on commencement of action for compensation

(1)
An action for compensation brought by a wrongfully convicted person under the provisions of this chapter shall be commenced within three (3) years after either the grant of a pardon or the grant of judicial relief and satisfaction of other conditions described in Section
11-44-3(1)
; provided, however, that any action by the state challenging or appealing the grant of said judicial relief shall toll the three-year period. Persons convicted, incarcerated and released from custody prior to July 1, 2009, shall commence an action under this chapter not later than June 30, 2012.
(2)
Notwithstanding any other provision of law, failure to file any applicable Notice of Claim shall not bar filing of a claim under this chapter.
Laws, 2009, ch. 472, § 5, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-11 - Appeal of claim of wrongful conviction and imprisonment decision

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.
Laws, 2009, ch. 472, § 6, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-13 - Effect of death of claimant prior to filing claim or full payment of compensation

If a claimant dies prior to the full payment of any claim awarded under this chapter, the remaining payments shall be made to his or her estate or heirs. If any potential claimant dies prior to the filing of a claim, the claim may be filed by and on behalf of his or her estate or heirs.
Laws, 2009, ch. 472, § 7, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 44 - COMPENSATION TO VICTIMS OF WRONGFUL CONVICTION AND IMPRISONMENT (§§ 11-44-1 — 11-44-15) › Section 11-44-15 - Release from future claims against the state

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.
Laws, 2009, ch. 472, § 8, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-1 - When the state may be sued

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.
Codes, 1871, § 1573; 1880, § 2641; 1892, § 4248; 1906, § 4800; Hemingway's 1917, § 3164; 1930, § 5997; 1942, § 4387.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-3 - Service of summons and conduct of case

The summons in such suit shall be served on the Attorney General in the mode prescribed by law for the service of a summons in other cases; and he shall appear for the state. The suit shall be proceeded with as if it were between private persons; but a bill shall not be taken as confessed nor a judgment by default be rendered against the state. The answer of the state to any bill need not be under oath or under the great seal, but may be made by the Attorney General for the state.
Codes, 1871, §§ 1577, 1578; 1880, § 2642; 1892, § 4249; 1906, § 4801; Hemingway's 1917, § 3165; 1930, § 5998; 1942, § 4388.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-5 - Payment of judgment or decree against the state

A judgment or decree against the state shall not be satisfied except by an appropriation therefor by the legislature, and an execution shall not be issued against the state.
Codes, 1871, § 1580; 1880, § 2644; 1892, § 4250; 1906, § 4802; Hemingway's 1917, § 3166; 1930, § 5999; 1942, § 4389.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-7 - Remedy against intruders on the lands of the state

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.
Codes, 1857, ch. 17, art. 13; 1880, § 893; 1892, § 4251; 1906, § 4803; Hemingway's 1917, § 3167; 1930, § 6000; 1942, § 4390.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-9 - Any property accrued to the state recovered

In like manner as set forth in Section
11-45-7
, an action may be prosecuted in all cases where property, real or personal, has accrued to the state by any forfeiture or otherwise.
Codes, 1857, ch. 17, art. 13; 1880, § 895; 1892, § 4252; 1906, § 4804; Hemingway's 1917, § 3168; 1930, § 6001; 1942, § 4391.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-11 - The state entitled to all actions - unlawful detainer for its lands

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.
Codes, 1880, § 897; 1892, § 4253; 1906, § 4805; Hemingway's 1917, § 3169; 1930, § 6002; 1942, § 4392.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-13 - Certain suits abated

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.
Codes, 1930, § 6003; 1942, § 4393.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-15 - County to have like remedies

Any county may have like remedies given to recover any property belonging to it, or damages for injury thereto; and action may be brought in behalf of the county by the county prosecuting attorney or by someone employed therefor by the board of supervisors.
Codes, 1880, § 896; 1892, § 4254; 1906, § 4806; Hemingway's 1917, § 3170; 1930, § 6004; 1942, § 4394; Laws, 1978, ch. 509, § 2, eff. 1/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-17 - County may sue and be sued

Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the county site; but suit shall not be brought by the county without the authority of the board of supervisors, except as otherwise provided by law.
Codes, 1857, ch. 59, art. 34; 1871, § 1384; 1880, § 2175; 1892, § 290; 1906 § 309; Hemingway's 1917, § 3682; 1930, § 270; 1942, § 2955.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-19 - Suit where part only of county is interested

Suit may be brought, in the name of the county, where only a part of the county or of its inhabitants are concerned, and where there is a public right of such part to be vindicated.
Codes, 1892, § 291; 1906, § 310; Hemingway's 1917, § 3683; 1930, § 271; 1942, § 2956.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-21 - Bond not to be required

Neither the state nor any county shall be required to give bond in any suit.
Codes, 1880, § 897; 1892, § 4255; 1906, § 4807; Hemingway's 1917, § 3171; 1930, § 6005; 1942, § 4395.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-23 - Property recovered delivered to agent

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.
Codes, 1880, § 898; 1892, § 4256; 1906, § 4808; Hemingway's 1917, § 3172; 1930, § 6006; 1942, § 4396.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 45 - SUITS BY AND AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS (§§ 11-45-1 — 11-45-25) › Section 11-45-25 - Suits by and against municipalities

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.
Codes, 1892, § 2912; 1906, § 3300; Hemingway's 1917, § 5796; 1930, § 2370; 1942, § 3374-02; Laws, 1938, ch. 335; Laws, 1950, ch. 491, § 2; Laws, 1981, ch. 471, § 39; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-3 - Declaration of legislative intent

(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.
Laws, 1984, ch. 495, § 2; reenacted and amended, Laws, 1985, ch. 474, § 2; reenacted and amended, Laws, 1986, ch. 438, § 1; Laws, 1987, ch. 483, § 1; Laws, 1988, ch. 442, § 1; Laws, 1989, ch. 537, § 1; Laws, 1990, ch. 518, § 1; Laws, 1991, ch. 618, § 1; Laws, 1992, ch. 491 § 3; Laws, 1992 Special Session, ch. 3, § 1; Laws, 1993, ch. 476, § 2, eff. 4/1/1993.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-5 - Waiver of immunity; course and scope of employment; presumptions

(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.
Laws, 1984, ch. 495, § 3; reenacted and amended, Laws, 1985, ch. 474, § 3; reenacted and amended, Laws, 1986, ch. 438, § 2; Laws, 1987, ch. 483, § 2; Laws, 1988, ch. 442, § 2; Laws, 1989, ch. 537, § 2; Laws, 1990, ch. 518, § 2; Laws, 1991, ch. 618, § 2; Laws, 1992, ch. 491 § 4, eff. 5/12/1992.
Amended by Laws, 2023, ch. 303, HB 1125,§ 13, eff. 2/28/2023.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-6 - [Repealed]

Repealed by Laws of 1992 Special Session, ch. 3, § 2, eff. 9/16/1992.
Laws, 1987, ch. 483, § 3; Laws, 1988, ch. 442, § 3; Laws, 1989, ch. 537, § 3; Laws, 1990, ch. 518, § 3; Laws, 1991, ch. 618, § 3; Laws, 1992, ch. 491, § 5.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-8 - Foster parents covered under this chapter

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.
Laws, 1999, ch. 518, § 2, eff. 7/1/1999.
Amended by Laws, 2023, ch. 516, HB 1149,§ 19, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-13 - Jurisdiction; appeals; venue

(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.
Laws, 1984, ch. 495, § 8; reenacted without change, Laws, 1985, ch. 474, § 7; Laws, 1987, ch. 483, § 7; Laws, 1992, ch. 491 § 1; Laws, 1993, ch. 476, § 10, eff. 4/1/1993.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-15 - Limitation of liability; exemplary or punitive damages; interest; attorney's fees; reduction of award

(1)
In any claim or suit for damages against a governmental entity or its employee brought under the provisions of this chapter, the liability shall not exceed the following for all claims arising out of a single occurrence for all damages permitted under this chapter:
(a)
For claims or causes of action arising from acts or omissions occurring on or after July 1, 1993, but before July 1, 1997, the sum of Fifty Thousand Dollars ($50,000.00);
(b)
For claims or causes of action arising from acts or omissions occurring on or after July 1, 1997, but before July 1, 2001, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00);
(c)
For claims or causes of action arising from acts or omissions occurring on or after July 1, 2001, the sum of Five Hundred Thousand Dollars ($500,000.00).
(2)
No judgment against a governmental entity or its employee for any act or omission for which immunity is waived under this chapter shall include an award for exemplary or punitive damages or for interest prior to judgment, or an award of attorney's fees unless attorney's fees are specifically authorized by law.
(3)
Except as otherwise provided in Section
11-46-17(4)
, in any suit brought under the provisions of this chapter, if the verdict which is returned, when added to costs and any attorney's fees authorized by law, would exceed the maximum dollar amount of liability provided in subsection (1) of this section, the court shall reduce the verdict accordingly and enter judgment in an amount not to exceed the maximum dollar amount of liability provided in subsection (1) of this section.
Laws, 1984, ch. 495, § 9; reenacted without change, Laws, 1985, ch. 474, § 8; Laws, 1987, ch. 483, § 8; Laws, 1988, ch. 442, § 5; Laws, 1989, ch. 537, § 5; Laws, 1990, ch. 518, § 5; Laws, 1991, ch. 618, § 5; Laws, 1992, ch. 491 § 2, eff. 5/12/1992.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-16 - Expired

Laws, 1990, ch. 518, § 6; Laws, 1992, ch. 491 § 7; Laws, 1992 Special Session, ch. 3, § 3, eff. 9/16/1992.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-20 - Tort Claims Board; regulation of liability coverage of governmental entities; annual review of insurance plans; other powers; fees

(1)
The Tort Claims Board shall be charged with the responsibility to regulate all liability coverage of governmental entities required to have certificates of coverage under this chapter which elect to provide the same through a public entity group or individual self-insurance program. This regulation shall be accomplished through an initial approval as provided in Section
11-46-17
and by ongoing or annual review. Each self-insurance program shall annually submit to the Tort Claims Board the following items within ninety (90) days from the end of the group year:
(a)
An audited financial statement;
(b)
An actuarial valuation;
(c)
Contracts with third-party administrators (if any);
(d)
Excess insurance policies;
(e)
A list of members and premiums due from and collected from each member; and
(f)
Other data as may be required by the Tort Claims Board.
(2)
Areas of regulation under this section shall include, but not be limited to, the following:
(a)
Financial solvency;
(b)
Rating plans, rates and rating basis;
(c)
Assessment plans of public entity groups;
(d)
Coverages offered and excluded;
(e)
Deductibles and deductible credits;
(f)
Proper purchase of excess insurance or reinsurance; and
(g)
Review of losses, reserves and expenses annually.
(3)
Individual self-insurers and group public entity self-insurers must provide the data requested for the purposes of this section in order to receive continuing approval of the Tort Claims Board and issuance of annual certificates of coverage to the governmental entities involved.
(4)
The Tort Claims Board is authorized to assess and charge appropriate fees for the costs of regulation, as determined by the board, to the individual self-insurers and group public entity self-insurers being regulated.
(5)
The Tort Claims Board is empowered to:
(a)
Issue cease and desist orders;
(b)
Require rate increases or decreases;
(c)
Require assessments of members of group public entity self-insurers in such amounts as are authorized and required by the board;
(d)
Require changes in excess insurance or reinsurance; or
(e)
Take such other actions as deemed necessary by the board to carry out the provisions of this chapter.
Laws, 1994, ch. 568, § 1, eff. 4/7/1994.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-21 - [Repealed]

Repealed by Laws of 1996, ch. 428, § 3, eff. 3/25/1996.
Laws, 1984, ch. 495, § 12; Laws, 1985, ch. 474, § 11; Laws, 1986, ch. 438, § 5; Laws, 1987, ch. 483, § 11; Laws, 1988, ch. 442, § 8; Laws, 1989, ch. 537, § 7; Laws, 1990, ch. 518, § 8; Laws, 1992, ch. 491 § 9; Laws, 1993, ch. 476, § 9; Laws, 1994, ch. 617, § 2.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 46 - IMMUNITY OF STATE AND POLITICAL SUBDIVISIONS FROM LIABILITY AND SUIT FOR TORTS AND TORTS OF EMPLOYEES (§§ 11-46-1 — 11-46-23) › Section 11-46-23 - Provisions of chapter independent and severable

If any provision or clause of Chapter 46, Title 11, Mississippi Code of 1972, or application thereof is held invalid or unenforceable for any reason, such holding shall have no effect on any other provisions or applications of Chapter 46, Title 11, Mississippi Code of 1972, and to this end the provisions of Chapter 46, Title 11, Mississippi Code of 1972, are declared to be severable.
Laws, 1993, ch. 476, § 11, eff. 4/1/1993.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-1 - Record to be kept by chancery clerk

The clerk of the chancery court shall keep in his office, as a public record, a suitable book, to be called the "Lis Pendens Record."
Codes 1892, § 2782; 1906, § 3147; Hemingway's 1917, § 2498; 1930, § 2324; 1942, § 754.