reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › CHANGE OF VENUE (§§ 11-11-51 — 11-11-59) › Section 11-11-53 - Transmission of papers

(1)
When an order for a change of venue shall be made, the clerk shall make out a descriptive list of all the papers in the cause and a certified copy of all orders and judgments made therein, with their dates, and a bill of the costs that have accrued. The said clerk shall carefully and safely put all the papers, with a copy of the descriptive list, and a copy of the orders and judgments, and the bill of costs, into a package, to be well covered and sealed up, and directed to the clerk of the court in which the suit is ordered removed. The clerk shall, if not otherwise directed by the judge, take the receipt of the party obtaining the change of venue for the papers contained on said list, and deliver the package to said party, to be carried to the clerk of the court to whom it may be directed, or it may be sent by mail, postage paid, or by express, the clerk taking proper receipt therefor.
(2)
In Harrison County, a county having two judicial districts, in all civil proceedings, or matters, where the venue thereof shall be changed, or the trial transferred or removed from one district to the other, the original papers, together with certified copies of all motions, orders and decrees made and entered in such suits, proceedings, matters and cases, shall be transmitted, transferred and filed by the proper clerk to and in his office at the proper place to which such change of venue or transfer shall be made.
Codes, Hutchinson's 1848, ch. 59, art. 2 (4); 1857, ch. 61, art. 123; 1871, § 720; 1880, § 1503; 1892, § 656; 1906, § 713; Hemingway's 1917, § 492; 1930, § 501; 1942, §§ 1444, 2910-18; Laws, 1962, ch. 257, § 18, eff. 6/1/1962.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › CHANGE OF VENUE (§§ 11-11-51 — 11-11-59) › Section 11-11-55 - Receipt of papers and entry of cause

The clerk to whom the papers may be transmitted shall open the package and compare the papers with the descriptive list, and shall give the person delivering the same, if demanded, a receipt therefor. He shall then enter the cause on his docket as if it had been commenced in the court of which he is clerk, and issue subpoena for witnesses as in other cases.
Codes, Hutchinson's 1848, ch. 59, art. 2 (5); 1857, ch. 61, art. 124; 1871, § 721; 1880, § 1504; 1892, § 657; 1906, § 714; Hemingway's 1917, § 493; 1930, § 502; 1942, § 1445.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › CHANGE OF VENUE (§§ 11-11-51 — 11-11-59) › Section 11-11-57 - Venue changed but once

A civil suit shall not be removed more than once, or in any other manner than as prescribed, and in no case where it shall appear that there has been unnecessary delay or negligence in making the application.
Codes, Hutchinson's 1848, ch. 59, art. 2 (6); 1857, ch. 61, art. 125; 1871, § 722; 1880, § 1505; 1892, § 658; 1906, § 715; Hemingway's 1917, § 494; 1930, § 503; 1942, § 1446.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › CHANGE OF VENUE (§§ 11-11-51 — 11-11-59) › Section 11-11-59 - Applicability of provisions to districts in county

The provisions for a change of venue shall be applied in those counties where there are two places of holding circuit courts in the same manner as if each district were a separate county.
Codes, 1871, § 723; 1880, § 1506; 1892, § 659; 1906, § 716; Hemingway's 1917, § 495; 1930, § 504; 1942, § 1447.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-1 - Evidence of complainant's equity and of truth of allegations required

An injunction shall not be granted unless the judge or chancellor shall be satisfied of the complainant's equity and of the truth of the allegations of the bill, by oath or other means.
Codes, 1857, ch. 62, art. 64; 1871, § 1043; 1880, § 1903; 1892, § 557; 1906, § 608; Hemingway's 1917, § 368; 1930, § 415; 1942, § 1335.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-3 - Security required to stay proceedings at law

An injunction to stay proceedings at law shall not be issued until after the party obtaining the injunction shall give security in such sum as the court deems proper for the payment of costs, damages and reasonable attorney's fees as may be incurred or suffered by any party who is found to be wrongfully enjoined.
Codes, Hutchinson's 1848, ch. 54, art. 2 (43); 1857, ch. 62, art. 65; 1871, § 1044; 1880, § 1905; 1892, § 558; 1906, § 609; Hemingway's 1917, § 369; 1930, § 416; 1942, § 1336; Laws, 1991, ch. 573, § 24, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-5 - Bond when injunction is not to stay proceedings at law

Where the injunction shall not be for the stay of proceedings in an action at law for the recovery of money, or upon a judgment requiring the payment of money, the party applying for the injunction shall, before the issuance of the same, enter into bond in like manner as provided for in Section
11-13-3
, in a sufficient penalty, to be fixed by the judge granting the same, conditioned for the payment of all damages and costs which may be awarded against him, or which the opposite party may suffer or sustain by reason of the suing out of said injunction, in case the same shall be dissolved.
Codes, 1857, ch. 62, art. 66; 1871, § 1045; 1880, § 1906; 1892, § 559; 1906, § 610; Hemingway's 1917, § 370; 1930, § 417; 1942, § 1337.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-7 - Bonds in particular cases

If the injunction be to stay a sale under execution of certain designated property, real or personal, or any proceeding at law as to certain specified things, and not to restrain proceedings at law generally, bond may be given as provided in Section
11-13-5
; but if the injunction shall be obtained on the ground of some objection to the judgment or execution, or the demand of the party enjoined to sustain his claim, and shall not be confined to a contest of his right to subject to his demand particular property by his proceeding, bond shall be given as prescribed in Section
11-13-3
.
Codes, 1880, § 1907; 1892, § 560; 1906, § 611; Hemingway's 1917, § 371; 1930, § 418; 1942, § 1338.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-9 - Bond not required of state, county, municipality

Neither the state, nor any county, nor any municipality, nor any state officer of the state suing out an injunction in his official character, shall be required to give bond to obtain an injunction.
Codes, 1880, § 1909; 1892, § 562; 1906, § 613; Hemingway's 1917, § 373; 1930, § 419; 1942, § 1339; Laws, 1908, ch. 158.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-11 - Restraint on collection of taxes

The chancery court shall have jurisdiction of suits by one or more taxpayers in any county, city, town, or village, to restrain the collection of any taxes levied or attempted to be collected without authority of law.
Codes, 1880, § 1831; 1892, § 483; 1906, § 533; Hemingway's 1917, § 290; 1930, § 420; 1942, § 1340.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-13 - Security required to enjoin collection of taxes

An injunction shall not be granted to stay the collection of state, county, city, town or village taxes unless upon condition that, before its issuance, the party obtaining it shall give security to the state in such sum as the court deems proper for the payment of damages, costs, and reasonable attorney's fees as may be incurred or suffered by the state, in case the injunction shall be dissolved.
Codes, 1880, § 1908; 1892, § 561; 1906, § 612; Hemingway's 1917, § 372; 1930, § 421; 1942, § 1341; Laws, 1991, ch. 573, § 25, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-15 - Procedure for injunction of the collection of taxes

All causes in which it is sought to enjoin or delay the collection of any taxes imposed by competent authority shall be preference cases, and tried at the earliest moment compatible with the ends of justice. Upon a dissolution of any such injunction, the chancellor or court ordering it dissolved shall enter a judgment against the person suing out the same and the sureties on his injunction bond, for the amount of the taxes so enjoined and ten percent (10%) thereon, and all costs of suit. Such judgment shall be enforced by execution for the use of the state or county, or both, or of the city, town or village, as the case may require. The said judgment shall be a lien from its date upon the property of the persons against whom it is rendered; and all the property on which the taxes enjoined were assessed shall remain bound by the lien for taxes declared by law, notwithstanding such injunction; and such property may be sold under the execution upon such judgment.
Codes, 1871, § 1751; 1880, § 576; 1892, § 484; 1906, § 534; Hemingway's 1917, § 291; 1930, § 422; 1942, § 1342; Laws, 1991, ch. 573, § 26, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-17 - Dissolution or modification of injunction of tax collection; general powers

The provisions of Section
11-13-15
shall apply to a partial dissolution of an injunction of the collection of taxes and to an injunction of the sale of any property for taxes. In all cases of the injunction of the collection of taxes, or of the sale of any property for taxes, the court, or chancellor in vacation, in dissolving in part or in whole, or in modifying an injunction, shall have full power to make such judgment as may be necessary to enforce the right of the state, county, city, town, village, or other competent authority entitled to the taxes involved in such suit, and may direct a sale of any property liable to such taxes, and involved in such suit.
Codes, 1880, § 577; 1892, § 485; 1906, § 535; Hemingway's 1917, § 292; 1930, § 423; 1942, § 1343; Laws, 1991, ch. 573, § 27, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-19 - Chancellor may order return of personal property; execution

When an injunction shall be granted to stay the sale of personal property, levied on by virtue of an execution, the chancellor may order the property to be restored to the plaintiff, on his giving bond to the sheriff, in such amount and with sufficient sureties as the judge deems proper, payable to the plaintiff in the execution, and conditioned for the redelivery of the property to the sheriff in case the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution, and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. In case the property shall not be redelivered to the sheriff within fifteen (15) days after the dissolution of the injunction, the clerk of the court to which the bond was returned shall issue execution thereon for the amount of the assessed value of said property and all costs. But in such case, the lien on the property created by the judgment and the execution and levy, shall remain in force; and the sheriff, on a writ of venditioni exponas, or other order of sale, may seize the property so levied on wherever the same may be found.
Codes, 1857, ch. 62, art. 67; 1871, § 1046; 1880, § 1912; 1892, § 565; 1906, § 616; Hemingway's 1917, § 376; 1930, § 424; 1942, § 1344; Laws, 1991, ch. 573, § 28, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-21 - Return of personal property; other causes

When an injunction shall be granted to stay a sale of personal property seized under a deed of trust or mortgage with power of sale, or in any case in which the sale of such property may be enjoined, the judge may order the property to be restored to the plaintiff on his giving bond to the sheriff in such amount and with sufficient sureties as the judge deems proper, payable to the person by whom such property is to be surrendered and conditioned for the return of the property to the person surrendering it, if the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. If not discharged by the delivery, within fifteen (15) days after the dissolution of the injunction, of the property to the person in whose possession it was before said order for the restoration to the plaintiff, execution shall be issued on such bond by the clerk for the value of said property.
Codes, 1880, § 1913; 1892, § 566; 1906, § 617; Hemingway's 1917, § 377; 1930, § 425; 1942, § 1345; Laws, 1991, ch. 573, § 29, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-23 - through 11-13-29 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-13-23. [Codes, 1857, ch. 62, art. 71; 1871, § 1050; 1880, § 1910; 1892, § 563; 1906, § 614; Hemingway's 1917, § 374; 1930, § 426; 1942, § 1346] § 11-13-25. [Codes, Hutchinson's 1848, ch. 54, art. 19 (6); 1857, ch. 62, art. 68; 1871, § 1047; 1880, § 1911; 1892, § 564; 1906, § 615; Hemingway's 1917, § 375; 1930, § 427; 1942, § 1347] § 11-13-27. [Codes, 1857, ch. 62, art. 70; 1871, § 1049; 1880, § 1914; 1892, § 567; 1906, § 618; Hemingway's 1917, § 378; 1930, § 428; 1942, § 1348] § 11-13-29. [Codes, 1880, § 1915; 1892, § 568; 1906, § 619; Hemingway's 1917, § 379; 1930, § 429; 1942, § 1349]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-31 - Motion to dissolve injunction; affidavits; evidence

Either party may, on the hearing of a motion to dissolve an injunction on bill and answer, read in evidence affidavits taken by him, on two days' notice to the opposite party of the time and place of taking such affidavits, and may also introduce oral or documentary evidence, or both, at the hearing.
Codes, 1880, § 1916; 1892, § 569; 1906, § 620; Hemingway's 1917, § 380; 1930, § 430; 1942, § 1350; Laws, 1922, ch. 227.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-33 - Injunction bond as judgment

A bond to enjoin proceedings at law on a judgment for money, upon the dissolution of the injunction, in whole or in part, shall have the force and effect of a judgment against the obligors; and liability of such sureties may be enforced under the procedure provided for in the Mississippi Rules of Civil Procedure.
Codes, 1880, § 1920; 1892, § 571; 1906, § 622; Hemingway's 1917, § 382; 1930, § 431; 1942, § 1351; Laws, 1991, ch. 573, § 30, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-35 - Damages on dissolution of certain injunctions

When an injunction, obtained to stay proceedings on a judgment at law for money, shall be dissolved, in whole or in part, damages at the rate of five per centum shall be added to the judgment enjoined, or to so much thereof as shall be found due, including the costs; and the clerk of the chancery court shall certify such dissolution to the clerk of the court in which the judgment was rendered, who shall thereupon issue execution for the damages, as well as for the original debt and costs. Damages at the same rate shall be allowed upon the dissolution of injunctions to stay sales under deeds of trust, or mortgages with power of sale; and such damages may be added to the debt, and collected by the sale of the property, or execution may issue from the chancery court for the same, together with the costs of suit, unless the value of the property, the sale of which was restrained, be less than the amount of the debt, in which case the damages shall be computed on the value of the property, to be ascertained and determined by the chancellor. In all cases upon the dissolution of an injunction, the damages may be ascertained by the court or chancellor, or upon reference to a master, and proof, if necessary, and decree therefor be made, and execution be issued thereon.
Codes, Hutchinson's 1848, ch. 54, arts. 2(41), 19(8); Laws, 1957, ch. 62, art. 72; 1871, § 1051; 1880, § 1918; 1892, § 572; 1906, § 623; Hemingway's 1917, § 383; 1930, § 432; 1942, § 1352.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-37 - Post-injunction damages

Where the party claiming damages shall desire, upon the dissolution of an injunction, to have the same ascertained and decreed by the chancellor or the chancery court, he shall suggest in writing, on the hearing of the motion to dissolve the injunction, the nature and amount of the damages; and the chancellor or court shall hear evidence, if necessary, and assess the damages, and decree the same to the party entitled thereto, for which execution may be issued, as in other cases, against the obligors in the bond given for the injunction. And if the chancellor, instead of hearing evidence as to said damages - which may be by witnesses examined before him in vacation or in term time, or by deposition, according to the circumstances - shall see proper, he may make a reference to a master to take testimony and report in such matter. But nothing herein contained shall prevent the party entitled from maintaining a suit on the injunction bond, if his damages shall not be assessed as herein provided for.
Codes, 1880, § 1919; 1892, § 573; 1906, § 624; Hemingway's 1917, § 384; 1930, § 433; 1942, § 1353.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-39 - Effect of dissolution of injunction on bill of complaint

When, on motion, an injunction shall be wholly dissolved, the bill of complaint shall be dismissed of course with costs, unless sufficient cause be shown against its dismissal at the next succeeding term of the court.
Codes, Hutchinson's 1848, ch. 54, art. 2(40); 1857, ch. 62, art. 69; 1871, § 1048; 1880, § 1917; 1892, § 570; 1906, § 621; Hemingway's 1917, § 381; 1930, § 434; 1942, § 1354.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 13 - INJUNCTIONS (§§ 11-13-1 — 11-13-41) › Section 11-13-41 - Victims of stalking and sexual assault exempt from payment of fees related to filing for injunctive relief

(1)
A victim of stalking, as defined in Section
97-3-107
, or sexual assault, as defined in Section
97-3-65
or
97-3-95
, who files an action seeking injunctive relief preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to the victim against the perpetrator of that offense, shall not be assessed any fees related to the filing of such request, the issuance of any process of court or the issuance of any order providing such protection.
(2)
The court, upon issuing any such relief, shall assess costs of court to the perpetrator of the offense. In the event the court determines the request is frivolous, the court shall assess the costs of court to the petitioner.
Laws, 2009, ch. 412, § 1, eff. 3/20/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-1 - Who may submit to arbitration

All persons, except infants and persons of unsound mind, may, by instrument of writing, submit to the decision of one or more arbitrators any controversy which may be existing between them, which might be the subject of an action, and may, in such submission, agree that the court having jurisdiction of the subject matter shall render judgment on the award made pursuant to such submission. In such case, however, should the parties agree upon a court without jurisdiction of the subject matters of the award, the judgment shall be rendered by the court having jurisdiction in the county of the residence of the party, or some one of them, against whom the award shall be made.
Codes, 1892, § 95; 1906, § 96; Hemingway's 1917, § 83; 1930, § 81; 1942, § 279.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-3 - Qualifications of arbitrators

A person shall not act as an arbitrator where he is interested in the subject matter in dispute, nor where he is related, by consanguinity or affinity, to any of the parties to the arbitration.
Codes, 1892, § 96; 1906, § 97; Hemingway's 1917, § 84; 1930, § 82; 1942, § 280.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-5 - Arbitrators to appoint time of meeting and notify parties

The arbitrators selected by agreement of the parties shall appoint a time and place for the hearing, and notify the parties thereof, and shall adjourn the hearing from time to time, as may be necessary, and on the application of either party, and for good cause may postpone the hearing to a time not extending beyond the day fixed in the submission, if a day be fixed, for rendering the award.
Codes, 1892, § 97; 1906, § 98; Hemingway's 1917, § 85; 1930, § 83; 1942, § 281.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-7 - Notice to parties; form

The notice which the arbitrators shall give to the parties of the time and place of the hearing of the controversy shall be in writing, and may be in the following form, viz:
"To ____________________ and ____________________ and ____________________ [naming all of the parties]
"You are notified that the undersigned arbitrators, agreed upon by you to determine the controversy mentioned in your articles of submission, of date the ____________________ day of ____________________ A.D. ____________________, have fixed upon and will hear and consider your said controversy on the ____________________ day of ____________________ A.D. ____________________, at ____________________
"____________________
"____________________
"____________________
"Arbitrators."
Such notice shall be served by delivering to each of the parties a copy thereof at least one whole day before the hearing, and shall be given to the parties by one of the arbitrators, who shall indorse on said notice that he has served the same by giving the party or parties so served a true copy thereof; but, if the parties appear, the want of notice shall not affect the proceedings.
Codes, 1892, § 98; 1906, § 99; Hemingway's 1917, § 86; 1930, § 84; 1942, § 282.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-9 - Arbitrators to be sworn

Before proceeding to hear any testimony in relation to the matter, the arbitrators shall be sworn, by some officer authorized to administer an oath, to faithfully and impartially hear and determine the matters submitted to them, according to the evidence and the manifest justice and equity of the case, to the best of their judgment, without favor or affection.
Codes, 1892, § 99; 1906, § 100; Hemingway's 1917, § 87; 1930, § 85; 1942, § 283.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-11 - Arbitrators' meetings; procedure

All arbitrators must meet together and hear all of the allegations and evidence of the parties pertinent or material to the cause; but the parties may mutually waive, in writing, the appearance of all of the arbitrators named in the articles of submission and consent for those present to proceed, or they may, in like manner, substitute other persons for the absent one. An award made, and every other act done, by a majority of the arbitrators shall be valid, unless the concurrence of all or a certain number of the arbitrators to the award or acts be expressly required in the submission.
Codes, 1892, § 100; 1906, § 101; Hemingway's 1917, § 88; 1930, § 86; 1942, § 284.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-13 - Swearing of witnesses

All witnesses before arbitrators shall be sworn as if before a court, and the parties shall have the benefit of legal process to compel the attendance of witnesses, which may be issued by the clerk of any court or a justice of the peace, and shall require the witness to attend before the arbitrators on a day and at a place certain to be named in the subpoena.
Codes, 1892, § 101; 1906, § 102; Hemingway's 1917, § 89; 1930, § 87; 1942, § 285.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-15 - Service of process

Process returnable to the arbitrators may be served as provided for in the Mississippi Rules of Civil Procedure.
Codes, 1892, § 102; 1906, § 103; Hemingway's 1917, § 90; 1930, § 88; 1942, § 286; Laws, 1991, ch. 573, § 31, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-17 - Contempt

If any person duly subpoenaed to appear before arbitrators and testify, shall fail to do so, he shall be guilty of contempt of the court from which, or by whose clerk, the process issued, and upon complaint thereto of the party injured, the court or justice may punish the person for such contempt as in other like cases.
Codes, 1892, § 103; 1906, § 104; Hemingway's 1917, § 91; 1930, § 89; 1942, § 287.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-19 - Award enforcement process

To entitle an award to be enforced according to the provisions of this chapter, it must be made in writing, and be signed by the arbitrators making the same and who concur therein. The arbitrators shall attach to the award the articles of submission, the notice served on the parties, with indorsements of service, and, if the parties appear, that fact should be noted in the award itself; and they shall give a duplicate of the whole to each of the parties to the controversy, and the duplicates shall each be treated as originals.
Codes, 1892, § 104; 1906, § 105; Hemingway's 1917, § 92; 1930, § 90; 1942, § 288.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-21 - Confirmation of award by court

Upon presentation of the articles of submission and the award to the court designated in the submission or the court having jurisdiction of the subject matter of the award, the court shall, upon motion, confirm the award, unless the same be vacated or modified, or a decision thereon be postponed, as hereinafter provided. An award shall not be confirmed unless notice in writing of such motion shall have been served on the adverse party at least five days before the hearing, to be served as other process; but such motion shall not be made after the expiration of one year from the making and publication of the award.
Codes, 1892, § 105; 1906, § 106; Hemingway's 1917, § 93; 1930, § 91; 1942, § 289.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-23 - Vacation of award; grounds

Any party complaining of an award may move the court to vacate the same upon any of the following grounds:
(a)
That such award was procured by corruption, fraud, or undue means;
(b)
That there was evident partiality or corruption on the part of the arbitrators, or any one of them;
(c)
That the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent or material to the controversy, or other misbehavior by which the rights of the party shall have been prejudiced;
(d)
That the arbitrators exceeded their powers, or that they so imperfectly executed them that a mutual, final, and definite award on the subject matter was not made.
Codes, 1892, § 106; 1906, § 107; Hemingway's 1917, § 94; 1930, § 92; 1942, § 290.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-25 - Correction of award

Any party to the submission may also move the court to modify or correct the award in the following cases:
(a)
Where there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property referred to in such award;
(b)
Where the arbitrators shall have awarded upon some matter not submitted to them, nor affecting the merits of the decision of the matter submitted;
(c)
Where the award shall be imperfect in some matter of form, not affecting the merits of the controversy, and when, if it had been a verdict of a jury rendered in such court, the defect could have been amended or disregarded by the court.
Codes, 1892, § 107; 1906, § 108; Hemingway's 1917, § 95; 1930, § 93; 1942, § 291.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-27 - Motion to vacate or modify award; when made

An application to vacate or modify an award shall be made to the court at the term next after the making and publication of the award, upon at least five days' notice, in writing, being given to the adverse party, if there be time for that purpose; and if there be not time, such court, or the judge thereof, may, upon good cause shown, order a stay of proceedings upon the award, either absolutely or upon such terms as shall appear just, until the next succeeding term of court.
Codes, 1892, § 108; 1906, § 109; Hemingway's 1917, § 96; 1930, § 94; 1942, § 292.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-29 - Application to vacate or modify award; new hearing

On application as provided for in Section
11-15-27
, the court may vacate the award in any of the cases specified in Section
11-15-23
, and if the time in which the award shall have been required to be made by the articles of submission has not expired, may, in its discretion, direct a new hearing by the arbitrators; and, in the cases specified in Section
11-15-25
, the court may modify and correct the award so as to effect the intent thereof, and to promote justice between the parties.
Codes, 1892, § 109; 1906, § 110; Hemingway's 1917, § 97; 1930, § 95; 1942, § 293.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-31 - Judgments; when and how rendered

Upon such award being confirmed or modified, the court shall render such judgment therein in favor of the party entitled to the same, as would be rendered in such case in the circuit or chancery court.
Codes, 1892, § 110; 1906, § 111; Hemingway's 1917, § 98; 1930, § 96; 1942, § 294.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-33 - Costs; how taxed and collected

The costs of the proceedings, after an application to the court for its action upon the award, and the fees allowed by law to the arbitrators, where no provision for payment is made thereof in the award, shall be taxed and collected as in other suits.
Codes, 1892, § 111; 1906, § 112; Hemingway's 1917, § 99; 1930, § 97; 1942, § 295.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-35 - Pending suits may be arbitrated

In all suits or actions in any court, it shall be lawful for the plaintiff and defendant to consent to a rule of court referring all matters in controversy between them in such suit or action to the arbitrament of any person or persons who may be mutually chosen by them; and the award of such arbitrators being made and returned according to the rule of submission of the parties, approved by the court and entered of record, shall have the same effect as the final judgment or decree of the court into which such award may be returned, and execution may issue thereon accordingly; and like proceedings may be had, where applicable, as is provided in other cases.
Codes, 1892, § 112; 1906, § 113; Hemingway's 1917, § 100; 1930, § 98; 1942, § 296.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › IN GENERAL (§§ 11-15-1 — 11-15-37) › Section 11-15-37 - Construction of chapter

This chapter shall not be construed to take away from the courts of equity their power over awards, nor to make invalid any award good at common law. It shall be liberally construed for the encouragement of the settlement of disputes and the prevention of litigation.
Codes, 1892, § 113; 1906, § 114; Hemingway's 1917, § 101; 1930, § 99; 1942, § 297.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-101 - Agreements to which arbitration provisions apply

(1)
Sections
11-15-101
through
11-15-143
apply only to agreements and provisions for arbitration made subsequent to July 1, 1981.
(2)
Sections
11-15-101
through
11-15-143
shall apply to any agreement for the planning, design, engineering, construction, erection, repair or alteration of any building, structure, fixture, road, highway, utility or any part thereof, and to any purchase by, or supply to, any contractor or subcontractor qualified to do business in this state of any materials to be used in the planning, design, engineering, construction, erection, repair or alteration of any building, structure, fixture, road, highway, utility or any part thereof; provided, however, that nothing contained in Sections
11-15-101
through
11-15-143
shall be construed as amending or otherwise affecting the provisions of Sections
65-2-1
through
65-2-17
, Section
65-1-89
, Section
65-1-91
, and Section
77-9-387
, Mississippi Code of 1972.
(3)
Sections
11-15-101
through
11-15-143
shall also apply to any agreement for architectural, engineering, surveying, planning and related professional services performed in connection with any of the agreements enumerated in subsection (2) of this section.
(4)
Sections
11-15-101
through
11-15-143
shall have no effect on the establishment or enforcement of any lien provided for in Title 85, Chapter 7, Mississippi Code of 1972.
Laws, 1981, ch. 495, § 1, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-103 - Agreements to submit controversies to arbitration; refusal of binding arbitration provisions in public contracts

Two (2) or more parties referred to in Section
11-15-101
may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof. Such agreement or provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such an agreement initiates litigation against the other with respect to such agreement, such arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer to such litigation. Whenever a provision for binding arbitration is included in the contract documents of a public contract, any bidder may refuse to accept such clause and shall so state on the bid document before entering into such public contract, and such refusal shall not be cause to reject any bid on, or refuse the award of such public contract.
Laws, 1981, ch. 495, § 2, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-105 - Application for order to proceed with arbitration; stay; determination of issues

(1)
Any party to an agreement or provision for arbitration subject to Sections
11-15-101
through
11-15-143
claiming the neglect or refusal of another party thereto to comply therewith may make application to the court as described in Sections
11-15-133
and
11-15-135
for an order directing the parties to proceed with arbitration in accordance with the terms of such agreement or provision. If the court finds that no substantial issue exists as to the making of the agreement or provision, it shall grant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine such issue and shall, consistent with such determination, grant or deny the application.
(2)
Any action or proceeding involving an issue subject to arbitration under Sections
11-15-101
through
11-15-143
shall be stayed if an order for arbitration or an application therefor has been made under this section. If such issue is severable, the stay may be with respect to such issue only. An order for arbitration shall include the stay.
(3)
On application, the court may stay an arbitration proceeding commenced or threatened if it shall find no agreement or provision for arbitration subject to Sections
11-15-101
through
11-15-143
exists between the party making the application and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and shall, consistent with such determination, grant or deny the application.
(4)
An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Laws, 1981, ch. 495, § 3, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-107 - Initiation of arbitration

If an agreement or provision for arbitration provides a method for the initiation of arbitration, such method shall be followed. In the absence thereof, the party desiring to initiate the arbitration shall, within the time specified by the contract, if any, file with the other party a notice of an intention to arbitrate which notice shall contain a statement setting forth the nature of the dispute, the amount involved, and the remedy sought. A party upon whom the demand for arbitration is made may file an answering statement to the other party within twenty (20) days after receipt of the initial demand. If no answer is filed within the stated time, it will be treated as a denial of the claim. Failure to file an answer shall not operate to delay the arbitration.
Laws, 1981, ch. 495, § 4, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-109 - Appointment of arbitrators

If an agreement or provision for arbitration provides a method for the appointment of arbitrators this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator who has been appointed fails or is unable to act and his successor has not been duly appointed, the court, on application of a party to such agreement or provision, shall appoint one or more arbitrators. An arbitrator so appointed shall have the same powers as if he had been named or provided for in the agreement or provision.
Laws, 1981, ch. 495, § 5, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-111 - Powers of arbitrators to be exercised by majority

The powers of the arbitrators may be exercised by a majority of their number unless otherwise provided in the agreement or provision for arbitration.
Laws, 1981, ch. 495, § 6, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-113 - Time, place and notice of hearing; procedure for conduct of hearing

Unless otherwise provided by the agreement or provision for arbitration:
(a)
The arbitrators so appointed shall set a time and place for the hearing and cause notification to the parties to be served personally in any manner provided for by law or by registered or certified mail not less than twenty (20) days before the hearing. Appearance at the hearing waives a party's right to such notice. The arbitrators may adjourn their hearing from time to time upon their own motion and shall do so upon the request of any party to the arbitration for good cause shown; provided that no adjournment or postponement of the hearing shall extend beyond the date fixed in the agreement or provision for making the award unless the parties consent to a later date.
(b)
A hearing shall be opened by the recording of the place, time and date of the hearing, the presence of the arbitrator and parties, and counsel, if any, and by the receipt by the arbitrator of the statement of the claim and answer, if any.
The arbitrator may, at the beginning of the hearing, ask for a statement clarifying the issues involved.
The complaining party shall then present its claim, proofs and witnesses, who shall submit to questions or other examination. The defending party shall then present its defenses, proofs and witnesses, who shall submit to questions or other examination. The arbitrator may vary this procedure but shall afford full and equal opportunity to the parties for the presentation of any material or relevant proofs.
Any party shall be entitled to cross-examine the witnesses of any other party appearing at the hearing. Exhibits, when offered by either party, may be received in evidence by the arbitrator.
The names and addresses of all witnesses and exhibits in order received shall be made a part of the record.
(c)
The parties may offer such evidence as they desire and shall produce such additional evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. The arbitrators shall be the judge of the admissibility of the evidence offered and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where any of the parties is absent in default or has waived his or her right to be present.
(d)
The hearing shall be conducted by all of the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Laws, 1981, ch. 495, § 7, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-115 - Representation by attorney at proceedings

A party has the right to be represented by an attorney at any proceeding or hearing under Sections
11-15-101
through
11-15-143
. A waiver thereof prior to the proceeding or hearing shall be ineffective.
Laws, 1981, ch. 495, § 8, eff. 7/1/1981.