reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-87 - Copy of record to be transmitted

The justice court judge may prepare and certify his record to the following effect, viz.:
"Copy of the record of the proceedings before ____________________, a justice court judge of ____________________ county, in the case therein set forth, to wit: (here copy the entries on the docket and certify as follows, viz.:)
"State of Mississippi, ____________________ County:
"I, ____________________, a justice court judge of the said county, certify that the foregoing is a copy of the record of the proceedings before me in the case stated therein, as appears on my docket.
"Given under my hand, this the ____________________ day of ____________________, A.D. ____________________.
____________________
Justice Court Judge"
Codes, 1880, § 2241; 1892, § 83; 1906, § 84; Hemingway's 1917, § 64; 1930, § 65; 1942, § 1199; Laws, 1981, ch. 471, § 41; 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 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-89 - Justice, mayor, or police justice to deliver papers to circuit clerk

The justice of the peace, mayor or police justice of any city, town or village from whose decision an appeal shall be taken, shall at once transmit to the clerk of that court a certified copy of the record of the proceedings, with all the original papers and process in the case, and the original appeal bond given by the appellant, and the clerk shall docket the same, and shall be entitled to the same fees, upon such appeals, as for similar services in suits originating in said court. The justice, mayor, or police justice of any city, town or village shall, at all times, be allowed to amend his return according to the facts.
Codes, Hutchinson's 1848, ch. 50, art. 3; 1857, ch. 58, art. 24; 1871, § 1333; 1880, § 2353; 1892, § 84; 1906, § 85; Hemingway's 1917, § 65; 1930, § 66; 1942, § 1200.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-91 - Trial of cases on appeal from justice of the peace

On appeal from a justice of the peace court to the circuit court the case shall be tried anew, in a summary way, without pleadings in writing, at the first term, unless cause be shown for a continuance; provided, however, that the circuit court shall have the authority and power of its own motion or on motion of any party to require that defenses to the action shall be set up by way of answer in like manner as is required by Section
11-7-59
, Mississippi Code of 1972.
If it appear on the trial that the suit was brought before a justice of the peace not having jurisdiction thereof, the circuit court shall reverse the judgment of the justice and dismiss the case. If the defendant be the appellant and judgment be rendered for the plaintiff in the original suit for a sum equal to or greater than he recovered before the justice of the peace, ten per cent (10%) damages upon the amount thereof shall be included in such judgment; and similarly, when there has been an appeal from a justice of the peace court to a county court, and any judgment against an appellant shall be rendered against the principal and his sureties jointly and when there shall be an appeal from the county court to the circuit court and the same shall be affirmed, then, there shall be added five per cent (5%) damages, and judgment shall be rendered against the principal and the sureties on the appeal bond jointly. In all such cases where the amount in controversy exceeds the sum of Fifty Dollars ($50.00), either party shall be entitled to an appeal to the supreme court as in cases originating in the circuit court, and the plaintiff may also appeal to the supreme court in cases where the difference between his demand and the judgment in his favor shall exceed said sum.
Codes, Hutchinson's 1848, ch. 50, art. 2 (19); 1857, ch. 58, art. 25; 1871, § 1334; 1880, § 2354; 1892, § 85; 1906, § 86; Hemingway's 1917, § 66; 1930, § 67; 1942, § 1201; Laws, 1964, ch. 301, § 1.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-93 - Certiorari proceedings in circuit court

All cases decided by a justice of the peace, whether exercising general or special jurisdiction, may, within six months thereafter, on good cause shown by petition, supported by affidavit, be removed to the circuit court of the county, by writ of certiorari, which shall operate as a supersedeas, the party, in all cases, giving bond, with security, to be approved by the judge or clerk of the circuit court, as in cases of appeal from justices of the peace; and in any cause so removed by certiorari, the court shall be confined to the examination of questions of law arising or appearing on the face of the record and proceedings. In case of an affirmance of the judgment of the justice, the same judgment shall be given as on appeals. In case of a reversal, the circuit court shall enter up such judgment as the justice ought to have entered, if the same be apparent, or may then try the cause anew on its merits, and may in proper cases enter judgment on the certiorari or appeal bond, and shall, when justice requires it, award restitution. The clerk of the circuit court, on the issuance of a certiorari, shall issue a summons for the party to be affected thereby; and, in case of nonresidents, he may make publication for them as in other cases.
Codes, Hutchinson's 1848, ch. 50, art. 9; 1857, ch. 58, art. 28; 1871, § 1336; 1880, § 2358; 1892, § 89; 1906, § 90; Hemingway's 1917, § 72; 1930, § 72; 1942, § 1206.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-95 - Certiorari to all other inferior tribunals

Like proceedings as provided in Section
11-51-93
may be had to review the judgments of all tribunals inferior to the circuit court, whether an appeal be provided by law from the judgment sought to be reviewed or not. However, petitions for a writ of certiorari to the circuit court for review of a decision of a municipal civil service commission created under Section
21-31-1
et seq. or Section
21-31-51
et seq. shall be filed within thirty (30) days after the entry of the judgment or order of the commission.
Codes, 1892, § 90; 1906, § 91; Hemingway's 1917, § 73; 1930, § 73; 1942, § 1207; Laws, 1984, ch. 521, § 5, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-97 - New appeal bond

In all appeals and in proceedings of certiorari to the circuit court, the said court, on motion of the appellee or obligee, may inquire into the sufficiency of the amount of the bond, and of the security thereon, and may at any time require a new bond, or additional security, on pain of dismissal; and if any bond be defective, the principal therein may give a new one, which shall have the same effect as if given originally.
Codes, Hutchinson's 1848, ch. 56, art. 16 (7); 1857, ch. 42, art. 20; 1871, § 1596; 1880, § 2658; 1892, § 91; 1906, § 92; Hemingway's 1917, § 74; 1930, § 74; 1942, § 1208.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-99 - How executors, administrators, guardians, and conservators appeal

The chancery court, in its discretion, may allow executors, administrators, guardians and conservators to appeal money or property judgments or orders against their wards or estates with supersedeas under any existing bond or one set for that purpose; but they shall pay the costs of the lower court including the Supreme Court filing fee.
Codes, 1880, § 2334; 1892, § 92; 1906, § 93; Hemingway's 1917, § 75; 1930, § 75; 1942, § 1209; Laws, 1978, ch. 335, § 30; Laws, 2000, ch. 577, § 7, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-101 - State, county, and municipality, and officials representing them, may appeal without bond; prepayment of costs in lower court; costs of record of trial court

(1)
The state and any county or municipality of the state, and the officials representing the state, county or municipality, in any suit or action, and any state, county or municipal officer who is a party to any suit or action in his official character, in which suit or action the state, county or municipality is beneficially interested, and the several incorporated charitable or educational institutions established and maintained by the state, and all corporate instrumentalities wholly owned by the United States government, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court; however, the cost of the preparation of the record of the proceedings in the trial court shall be prepaid. In any such case, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required.
(2)
Any person who is a party to a suit or action in his individual capacity, which suit arises from allegedly tortious actions and deeds committed by him during the time he was a member, trustee, director, superintendent, official or employee, as the case may be, of the Department of Corrections, the State Penitentiary or the state psychiatric hospitals or institutions, and which allegedly tortious acts and deeds were committed by the person in the performance of his duties or employment, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court, including the costs of the preparation of the record of the proceedings in the trial court. In those cases, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required. The provisions of this section shall not apply to any such judgment, decree, decision or order in favor of the State of Mississippi.
Codes, 1880, § 2333; 1892, § 93; 1906, § 94; Hemingway's 1917, § 76; 1930, § 76; 1942, § 1210; Laws, 1938, ch. 356; Laws, 1975, ch. 448; Laws, 1990, ch. 454, § 1; Laws, 2008, ch. 442, § 7, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-103 - Written demand for appeal in certain cases

In all cases where an appeal is desired without bond, from a judgment of a justice of the peace, and in cases of unlawful entry and detainer, by parties who are not required to give bond therefor, a written demand for the appeal shall be filed, in lieu of the bond required of others, within the time allowed for appeal in such cases.
Codes, 1892, § 94; 1906, § 95; Hemingway's 1917, § 77; 1930, § 77; 1942, § 1211.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-105 - through 11-51-109 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-51-105. [Codes, Hemingway's 1921 Supp. § 211a; 1930, § 78; 1942, § 1212; Laws 1920, ch. 220; Am Laws, 1978, ch. 335, § 31] § 11-51-107. [Codes, Hemingway's 1921 Supp. § 211b; 1930, § 79; 1942, § 1213; Laws, 1920, ch. 220; Am Laws, 1978, ch. 335, § 32] § 11-51-109. [Codes, Hemingway's 1921 Supp. § 211c; 1930, § 80; 1942, § 1214; Laws, 1920, ch. 220; Am Laws, 1978, ch. 335, § 33]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-111 - Taking of appeal from courts of separate judicial districts in Harrison County

In Harrison County, a county having two judicial districts, all appeals, writs of error or other like remedies may be taken and prosecuted from the circuit, chancery and county courts of either of said districts to the Supreme Court, in the same manner and to the same extent and on the same terms as appeals, writs of error and other like remedies are authorized to be taken from the circuit, chancery and county courts holden in the different counties of the state.
Codes, 1942, § 2910-11; Laws, 1962, ch. 257, § 11, eff. 6/1/1962.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-113 - [Repealed]

Repealed by Laws of 1978, ch. 335, § 41, eff. 7/1/1978.
Laws 1973, ch. 345, § 1.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-1 - and 11-53-3 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-53-1. [Codes, Hutchinson's 1848, ch. 58, art. 1 (71); 1857, ch. 61, art. 54; 1871, § 571; 1880, § 2359; 1892, § 861; 1906, § 939; Hemingway's 1917, § 648; 1930, § 655; 1942, § 1566] § 11-53-3. [Codes, Hutchinson's 1848, ch. 58, art. 5 (6); 1857, ch. 61, art. 55; 1871, § 572; 1880, § 2360; 1892, § 862; 1906, § 940; Hemingway's 1917, § 649; 1930, § 656; 1942, § 1567]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-5 - How security given

Security for costs may be given by recognizance entered into in open court, or by written undertaking indorsed on or filed with the papers in the cause, or by a deposit with the clerk of the court of the amount in cash or a certified check on any solvent bank in this state. The judgment, when rendered against the plaintiff or complainant, shall be rendered against the surety as well as against the plaintiff or complainant; and execution may be issued as in other cases for all costs for which the plaintiff or complainant may be liable in the cause. Additional security may be required by the court or the justice of the peace, if it appear that the security already taken is insufficient.
Codes, 1857, ch. 61, art. 56; 1871, § 573; 1880, § 2361; 1892, § 863; 1906, § 941; Hemingway's 1917, § 650; 1930, § 657; 1942, § 1568.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-7 - Security for costs before justice of the peace

The foregoing provisions as to securing or paying costs before suit brought, and requiring security for costs after suit commenced, and as to rendering judgment against the plaintiff and surety, shall apply to justices of the peace, and the courts held by them as such, or in proceedings in unlawful entry and detainer, or in any other proceeding; but in those courts the security, when required after the commencement of a suit, shall be given within ten days after the order of the court made for that purpose.
Codes, 1880, § 2362; 1892, § 864; 1906, § 942; Hemingway's 1917, § 651; 1930, § 658; 1942, § 1569.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-9 - Costs paid from deposit

In case of a deposit of money or certified check for costs, if the costs be adjudged against the party making the deposit, the clerk or justice shall pay the costs out of the deposit, and the residue to the party entitled thereto. If the party making the deposit be not liable for costs, the whole of the deposit shall be returned to him.
Codes, 1880, § 2364; 1892, § 866; 1906, § 943; Hemingway's 1917, § 652; 1930, § 659; 1942, § 1570.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-11 - Official bond covers deposit

The clerk or justice of the peace shall be liable on his official bond to all persons having any claim to or interest in any money so deposited for costs; and for failure to pay over the same, as required, to the person entitled to it, shall, besides any other penalty provided, be liable to be dealt with for contempt by the court in which the deposit was made. A deposit in the hands of a clerk or justice at the expiration of his term of office shall be delivered to his successor.
Codes, 1880, § 2365; 1892, § 867; 1906, § 944; Hemingway's 1917, § 653; 1930, § 660; 1942, § 1571.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-13 - Security for costs shall not be required in certain suits

Neither the state, nor any county, city, town, or village, nor any state board, nor any state, county, city, town, or village officer, suing in his official character, shall be required to pay costs before commencing a suit, nor to give security for costs before or after the commencement of a suit.
Codes, 1880, § 2366; 1892, § 868; 1906, § 945; Hemingway's 1917, § 654; 1930, § 661; 1942, § 1572.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-15 - Usee liable for costs-state as nominal plaintiff

In suits in the name of the state or any person for the use of another, the usee may be required to secure or pay the costs, and shall be liable therefor; and in no case shall the state, as a nominal plaintiff, be liable for costs.
Codes, Hutchinson's 1848, ch. 58, art. 1 (23); 1857, ch. 61, art. 57; 1880, § 2367; 1892, § 869; 1906, § 946; Hemingway's 1917, § 655; 1930, § 662; 1942, § 1573.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-17 - Poor persons may sue without security for costs

A citizen may commence any civil action, or answer a rule for security for costs in any court without being required to prepay fees or give security for costs, before or after commencing suit, by taking and subscribing the following affidavit:
"I, ____________________, do solemnly swear that I am a citizen of the State of Mississippi, and because of my poverty I am not able to pay the costs or give security for the same in the civil action (describing it) which I am about to commence (or which I have begun, as the case may be) and that, to the best of my belief, I am entitled to the redress which I seek by such suit."
Codes, 1880, §§ 2368, 2369; 1892, § 870; 1906, § 947; Hemingway's 1917, § 656; 1930, § 663; 1942, § 1574; Laws, 1936, ch. 251; Laws, 1991, ch. 573, § 87, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-19 - Court may dismiss action of poor persons

The court may dismiss an action commenced or continued on affidavit of poverty, if satisfied that the allegation of poverty was untrue.
Codes, 1880, § 2370; 1892, § 871; 1906, § 948; Hemingway's 1917, § 657; 1930, § 664; 1942, § 1575.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-21 - Judgment for costs against poor persons

In cases commenced or continued on an affidavit of poverty, the officers of the court shall perform all the duties required in the prosecution of the suit, and the witnesses shall attend until released; but in the case of failure to prosecute his suit to effect, judgment shall be given against the plaintiff for costs, and execution may be issued as in other cases.
Codes, 1880, § 2371; 1892, § 872; 1906, § 949; Hemingway's 1917, § 658; 1930, § 665; 1942, § 1576.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-23 - Costs on dismissal for want of jurisdiction

When a case shall be dismissed by any court for want of jurisdiction, judgment shall be rendered by such court for costs against the party who invoked the jurisdiction, as in other cases.
Codes, 1880, § 2372; 1892, § 873; 1906, § 950; Hemingway's 1917, § 659; 1930, § 666; 1942, § 1577.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-25 - Stale cases dismissed at cost of plaintiff

The clerk of any court shall move the court to dismiss any cause pending therein in which no step has been taken for the two terms preceding; and the court shall, unless good cause be shown to the contrary, dismiss the same at the costs of the plaintiff or complainant.
Codes, 1857, ch. 61, art. 58; 1871, § 575; 1880, § 2373; 1892, § 874; 1906, § 951; Hemingway's 1917, § 660; 1930, § 667; 1942, § 1578.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-27 - and 11-53-29 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-53-27. [Codes, Hutchinson's 1848, ch. 61, art. 1 (74); 1857, ch. 61, art. 255; 1880, § 2375; 1892, § 875; 1906, § 952; Hemingway's 1917, § 661; 1930, § 668; 1942, § 1579] § 11-53-29. [Codes, 1892, § 876; 1906, § 953; Hemingway's 1917, § 662; 1930, § 669; 1942, § 1580]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-31 - Successful party liable for certain costs

All costs accrued at the instance of the successful defendant in a suit, which cannot be collected out of the other party, may be collected from such defendant; and after return of "no property" on execution against a plaintiff or complainant against whom costs were adjudged, execution may be issued against the successful defendant for all cost accrued at his instance and not paid or collected from the other party. A successful plaintiff or complainant shall be liable for all the costs of the case accrued at his instance which cannot be collected from the defendants; and after return of "no property" on execution against the defendant against whom costs were adjudged, execution may be issued against the successful plaintiff or complainant for all the costs of the case accrued at his instance not paid or collected from the defendant. An unsuccessful plaintiff or complainant shall be liable for all the costs of the case.
Codes, 1880, § 2381; 1892, § 877; 1906, § 954; Hemingway's 1917, § 663; 1930, § 670; 1942, § 1581.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-33 - Costs not recovered in some cases - limited in others

In actions of assault, assault and battery, libel and slander, if the plaintiff recover less than Ten Dollars ($10.00), costs shall not be awarded to him. In all other actions sounding in damages, where the plaintiff sues for more than Ten Dollars ($10.00) and recovers less than that sum, no more costs than the amount of damages recovered shall be awarded to him, unless the court be of the opinion that the plaintiff had reasonable cause to expect to recover more, and that the action was brought for no other purpose than to be compensated for the wrong done, and enter the same on its minutes. If more costs be awarded, the judgment may be amended on motion at any time.
Codes, Hutchinson's 1848, ch. 61, art. 2 (17); 1857, ch. 61, art. 256; 1880, § 2376; 1892, § 878; 1906, § 955; Hemingway's 1917, § 664; 1930, § 671; 1942, § 1582.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-35 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 62, art. 56; 1871, § 1035; 1880, § 2374; 1892, § 879; 1906, § 956; Hemingway's 1917, § 665; 1930, § 672; 1942, § 1583.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-37 - Costs in class suits

Where a party hereafter institutes a suit for the benefit of himself and all others similarly situated, and thereby there is in such suit recovered or preserved property or a fund for the common benefit, the chancery court may make an allowance to such party of the reasonable costs incurred, which costs shall include the necessary disbursements, and reasonable solicitor's fees, out of the property recovered or preserved for the common benefit.
Codes, 1942, § 1583.5; Laws, 1948, ch. 234.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-39 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 49, art. 1 (111); 1857, ch. 60, art. 119; 1880, § 2377; 1892, § 880; 1906, § 957; Hemingway's 1917, § 666; 1930, § 673; 1942, § 1584
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-41 - Executors and administrators entitled to and liable for costs - when not individually liable

When costs are adjudged against an executor or administrator in a suit at law or in equity, and he shall obtain the certificate of the court before which the suit was tried that there was probable cause for bringing or defending the same, he shall not be individually liable for costs, although the estate may be insufficient to pay them.
Codes, 1857, ch. 60, art. 132; 1880, § 2378; 1892, § 881; 1906, § 958; Hemingway's 1917, § 667; 1930, § 674; 1942, § 1585.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-43 - Executors and administrators entitled to and liable for costs - in their administration

Executors and administrators shall be personally liable for the fees which accrue in the administration, and the estates in their hands shall be chargeable with such fees in preference to all other demands. It shall be lawful for the clerk of the chancery court to make out executions for the fees that may become due the officers of court or the publisher of a newspaper at any time in the administration of an estate. Every such execution shall have annexed to it a copy of the bill of costs, specifying the particular items thereof, to be enforced as in other cases.
Codes, 1880, § 2379; 1892, § 882; 1906, § 959; Hemingway's 1917, § 668; 1930, § 675; 1942, § 1586.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-45 - Next friend of infant liable for costs

If in any case the plaintiff or complainant be an infant suing by next friend, such next friend shall be liable for costs.
Codes, 1880, § 2380; 1892, § 883; 1906, § 960; Hemingway's 1917, § 669; 1930, § 676; 1942, § 1587.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-47 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 2382; 1892, § 884; 1906, § 961; Hemingway's 1917, § 670; 1930, § 677; 1942, § 1588.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-49 - Costs in cases of setoff

When a setoff is pleaded or filed and established, the defendant shall recover of the plaintiff his costs expended in establishing it, although judgment be rendered in favor of the plaintiff for a balance due him.
Codes, 1880, § 2385; 1892, § 885; 1906, § 962; Hemingway's 1917, § 671; 1930, § 678; 1942, § 1589.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-51 - Costs in cases of appeal from justices of the peace

In cases of appeal from a judgment of a justice of the peace, if the appeal be by the defendant, and judgment be rendered thereon for the plaintiff equal to or greater than that recovered by him before the justice of the peace, he shall recover of the defendant full costs; but if the judgment for plaintiff be less than that recovered by him before the justice of the peace, the court may, on motion of defendant, apportion the costs between the parties as may be proper, otherwise defendant shall be liable for all the costs. If the judgment on such appeal be rendered for the defendant, he shall recover of the plaintiff full costs. If the appeal be by plaintiff from a judgment rendered against him, and he recover judgment thereon, he shall recover of the defendant full costs; but if the defendant recover judgment thereon, he shall recover of plaintiff full costs. If a party appeal from a judgment in his favor, and does not obtain judgment for more than he recovered before the justice of the peace, he shall not recover costs that accrued on appeal, but shall be liable for such costs. But in such cases the circuit court, may, when the circumstances justify it, tax the costs to meet the ends of justice. In all cases where the principal is made liable for costs, judgment shall be rendered therefor against him and the sureties on his appeal bond jointly.
Codes, 1871, § 1597; 1880, §§ 2354, 2384; 1892, § 886; 1906, § 963; Hemingway's 1917, § 672; 1930, § 679; 1942, § 1590.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-53 - Costs in cases of certiorari and appeals from certain inferior tribunals

In all cases of certiorari upon the judgment of any inferior court or tribunal, and the cases of appeal from the judgment of a board or supervisors, of a court of unlawful entry and detainer, of any municipal board or court, the successful party shall be entitled to recover full costs; but the circuit court may, when the circumstances of the case justify it, tax the costs to meet the ends of justice.
Codes, 1880, § 2384; 1892, § 887; 1906, § 964; Hemingway's 1917, § 673; 1930, § 680; 1942, § 1591.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-55 - Cases not expressly embraced by statute or Rule

If a case shall occur in any court not embraced expressly by statute, Mississippi Rules of Civil Procedure or Mississippi Supreme Court Rules, the court may make such order for the payment of costs by any of the parties as, in its discretion, may be proper.
Codes, 1880, § 2386; 1892, § 889; 1906, § 966; Hemingway's 1917, § 675; 1930, § 682; 1942, § 1593; Laws, 1993, ch. 452, § 2, eff. March 22, 1993.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-57 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 33, art. 4 (2); 1857, ch. 8, art. 2; 1880, § 2387; 1892, § 890; 1906, § 967; Hemingway's 1917, § 676; 1930, § 683; 1942, § 1594
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-59 - and 11-53-61 - [Repealed]

Repealed by Laws of 1977, ch. 408, § 2, eff. 3/29/1977, and further providing that any funds previously collected under said section shall be paid to the circuit clerk of each county and utilized in accordance with the provisions of this section.
§ 11-53-59. [Codes, 1942, § 1594.5; Laws, 1962, chs. 298, 304; Laws, 1964, ch. 321; Laws, 1968, ch. 331, § 1; Laws, 1968, ch. 332, § 1; Laws, 1969 Ex Sess, ch. 21, § 1; Laws, 1971, ch. 420, § 1, eff. 3/23/1971; Am 1972, ch. 442, § 1] § 11-53-61. [Codes, 1942, § 1594.7; Laws, 1970, ch. 338, § 1, eff. 4/1/1970]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-63 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 2383; 1892, § 891; 1906, § 968; Hemingway's 1917, § 677; 1930, § 684; 1942, § 1595.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-65 - Bill of costs made and filed

When a cause shall be determined, the clerk of the court, and the justice of the peace in cases had before him, shall tax the costs of the case and make out a bill thereof, specifying therein each section of the law, and each paragraph or subdivision of section, if any, by virtue of which each fee or item of costs therein is charged or taxed, and he shall file the same with the papers in the cause.
Codes, 1857, ch. 8, art. 3; 1880, § 2388; 1892, § 892; 1906, § 969; Hemingway's 1917, § 678; 1930, § 685; 1942, § 1596.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-67 - Fees not payable until bill produced

Fees and costs shall not be payable by any person until there be produced to the person chargeable with the same a bill, or account in writing, containing the particulars of such fees, signed by the clerk or officer, in which shall be intelligently expressed and specified each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each fee is charged. If any fee shall be paid without the production of such bill, the party paying the same shall at all times be entitled to demand and have from the officer receiving the same a copy of such bill without charge.
Codes, Hutchinson's 1848, ch. 33, art. 4 (4); 1857, ch. 8, art. 3; 1880, § 2389; 1892, § 893; 1906, § 970; Hemingway's 1917, § 679; 1930, § 686; 1942, § 1597.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-69 - Costs not due until suit ended

The costs accruing upon suits in any court shall not be due until the final determination thereof, and may then be collected by execution; but the judges shall have power to order and adjudge costs and give decrees and judgments thereon in the progress of suits, as heretofore practised in said courts.
Codes, 1857, ch. 8, art. 8; 1880, § 2392; 1892, § 894; 1906, § 971; Hemingway's 1917, § 680; 1930, § 687; 1942, § 1598.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-71 - Taxation of costs in cases from justices of the peace

The clerk of the circuit court is required to tax in the bill of costs, after final judgment, all the costs that accrued on the trial before a justice of the peace, or before any other inferior tribunal or court, in all cases carried to the circuit court by appeal or by certiorari, and include the same in the execution issued for the costs accruing in the case in the circuit court.
Codes, 1880, § 2659; 1892, § 895; 1906, § 972; Hemingway's 1917, § 681; 1930, § 688; 1942, § 1599.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-73 - Execution for costs

It shall be lawful for the clerks of the several courts, when suits or causes are determined and the fees not paid by the party from whom they are due, to make out executions, directed to the sheriff or other proper officer of the county where the party resides; and the sheriff or other officer shall execute and return such execution as in other cases.
Codes, Hutchinson's 1848, ch. 33, art. 4 (5); 1857, ch. 8, art. 5; 1880, § 2390; 1892, § 896; 1906, § 973; Hemingway's 1917, § 682; 1930, § 689; 1942, § 1600.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-75 - Bill of costs appended to execution

On all executions in which any costs are included, there shall be entered thereon or annexed a copy of the bill of costs, specifying the particular items thereof, in intelligible words and figures, and each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each item therein is charged; and all such executions issuing without the copy of such bill of costs shall be illegal, and the sheriff or other officer shall not execute the same. The sheriff or other officer receiving the same shall add thereto, in like manner, his fees, including all additional fees and costs, and shall make out a fair copy of the same and deliver it, on demand, to the person from whom he receives the money or out of whose property he makes the same.
Codes, Hutchinson's 1848, ch. 33, art. 4 (5); 1857, ch. 8, art. 5, 6; 1880, §§ 2390, 2391; 1892, §§ 896, 897; 1906, §§ 973, 974; Hemingway's 1917, §§ 682, 683; 1930, §§ 689, 690; 1942, §§ 1600, 1601.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-77 - Combining orders and decrees to save costs

It shall be the duty of the judges of the several courts to require the clerks to combine in one judgment or decree as many interlocutory or other orders as can be lawfully and conveniently done, with a view to prevent the increase of costs, and, on application of any party, to correct any incorrect bill of costs as charged and made out by a clerk.
Codes, 1857, ch. 8, art. 10; 1880, § 2393; 1892, § 898; 1906, § 975; Hemingway's 1917, § 684; 1930, § 691; 1942, § 1602.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-79 - Table of fees to be posted conspicuously

It shall be the duty of the clerks of the circuit and chancery courts, and of the sheriff, to post in a conspicuous place in his office, and each justice of the peace at his place of holding court, a copy of the bill of fees which he is entitled to receive, and on failure to do so he shall not be entitled to receive or collect any fee for any service rendered during the time of such failure.
Codes, 1857, ch. 8, art. 11; 1880, § 2394; 1892, § 899; 1906, § 976; Hemingway's 1917, § 685; 1930, § 692; 1942, § 1603.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 53 - COSTS (§§ 11-53-1 — 11-53-81) › Section 11-53-81 - Recovery of attorney's fees in suit on open account

When any person fails to pay an open account within thirty (30) days after receipt of written demand therefor correctly setting forth the amount owed and an itemized statement of the account in support thereof, that person shall be liable for reasonable attorney's fees to be set by the judge for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the plaintiff. Evidence of receipt of written demand by the spouse of the debtor when they are living together as husband and wife on behalf of the debtor may be introduced as evidence of written demand on the debtor. If that person sued on the open account shall prevail in the suit, he shall be entitled to reasonable attorney's fees to be set by the judge.
If delivery of written demand on the debtor is attempted, but not accomplished because circumstances made delivery of written demand impossible, a notation, on the envelope containing the written demand, made by the person attempting delivery stating the date of the attempted delivery, the reasons why delivery could not be accomplished along with the initials of the person attempting delivery and making said notation may be introduced as evidence of written demand on the debtor, and if the judge in his discretion finds that sufficient evidence of due diligence in delivery of written demand has been made, he may make a conclusion of written demand for purposes of justice and find that there has been written demand on the debtor.
Laws, 1980, ch 443, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-1 - Title

This chapter may be cited as the "Litigation Accountability Act of 1988."
Laws, 1988, ch. 495, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-3 - Definitions

The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(a)
"Without substantial justification," when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in fact or in law, or vexatious, as determined by the court.
(b)
"Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company or any other entity, including any governmental entity or unincorporated association of persons.
(c)
"Action" means a civil action that contains one or more claims for relief, defense or an appeal of such civil action. For the purposes of this chapter only, an "action" also means any separate count, claim, defense or request for relief contained in any such civil action.
Laws, 1988, ch. 495, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-5 - Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings

(1)
Except as otherwise provided in this chapter, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorney's fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including, but not limited to, abuse of discovery procedures available under the Mississippi Rules of Civil Procedure.
(2)
No attorney's fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within a reasonable time after the attorney or party filing the action, claim or defense knows or reasonably should have known that it would not prevail on the action, claim or defense.
(3)
When a court determines reasonable attorney's fees or costs should be assessed, it shall assess the payment against the offending attorneys or parties, or both, and in its discretion may allocate the payment among them, as it determines most just, and may assess the full amount or any portion to any offending attorney or party.
(4)
No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorney's fees unless the court finds that the party clearly knew or reasonably should have known that such party's action, claim or defense or any part of it was without substantial justification.
Laws, 1988, ch. 495, § 3, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-7 - Award of costs and attorney's fees; amount of award; factors to consider

In determining the amount of an award of costs or attorney's fees, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney's fees and costs and the amount to be assessed:
(a)
The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted, and the time remaining within which the claim or defense could be filed;
(b)
The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;
(c)
The availability of facts to assist in determining the validity of an action, claim or defense;
(d)
Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;
(e)
Whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict;
(f)
The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;
(g)
The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;
(h)
The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;
(i)
The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;
(j)
The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and
(k)
The period of time available to the attorney for the party asserting any defense before such defense was interposed.
Laws, 1988, ch. 495, § 4, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-9 - Limitations of chapter

Nothing in this chapter shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay the client's attorney. Nothing in this chapter is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs, or an award of attorney's fees or costs in a manner different than that provided in this chapter.
Laws, 1988, ch. 495, § 5, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-11 - Application of chapter

This chapter shall apply in all cases unless attorney's fees are otherwise specifically provided by statute or court rule, in which case the provision allowing the greater award shall prevail.
Laws, 1988, ch. 495, § 6, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-13 - Severability

If any section, paragraph, sentence, phrase or any part of this chapter shall be held invalid or unconstitutional, such holding shall not affect any other section, paragraph, sentence, clause, phrase or part of this chapter which is not in and of itself invalid or unconstitutional. Moreover, if the application of this chapter, or of any portion of it, to any person or circumstance is held invalid, the invalidity shall not affect the application of this chapter to other persons or circumstances which can be given effect without the invalid provision or application.
Laws, 1988, ch. 495, § 7, eff. 7/1/1988.