reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-25 - Certain bonds not affected by irregularity

When a bond, recognizance, obligation, or undertaking of any kind shall be executed in any legal proceeding, or for the performance of any public contract, or for the faithful discharge of any duty, it shall inure to the person to whom it is designed by law as a security, and be subject to judgment in his favor, no matter to whom it is made payable, nor what is its amount, nor how it is conditioned; and the persons executing such bond or other undertaking shall be bound thereon and thereby, and shall be liable to judgment or decree on such bond or undertaking as if it were payable and conditioned in all respects as prescribed by law, if such bond or other obligation or undertaking had the effect in such proceeding or matter which a bond or other undertaking payable and conditioned as prescribed by law, would have had; and where any such bond or undertaking is not for any specified sum, it shall bind the parties executing it for the full amount for which any bond or undertaking might have been required in the state of case in which it was given.
Codes, 1880, § 2305; 1892, § 946; 1906, § 1022; Hemingway's 1917, § 742; 1930, § 758; 1942, § 1673.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-27 - Bonds payable to the state in certain cases

Any bond required to be given in any matter, where it is not prescribed to whom it shall be made payable, may be made payable to the state.
Codes, 1880, § 2306; 1892, § 947; 1906, § 1023; Hemingway's 1917, § 743; 1930, § 759; 1942, § 1674.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-29 - Proceedings on death of surety on bonds, etc

If any surety on a bond, recognizance, or undertaking of any kind given in any legal proceeding, shall be dead at the time for judgment to be rendered or execution to be issued thereon, that shall not prevent judgment from being rendered or execution being issued on such bond, recognizance, or undertaking against parties thereto who are living, but judgment may be rendered against such parties, and judgment nisi may be entered against the personal representatives of parties who are dead, and citation shall be issued to the personal representative to show cause why the judgment should not be made absolute against them, and it shall be made absolute unless, upon the return of citation executed, good cause be shown against it. Execution may be issued on such judgment against the living parties, and after the absolute judgment against the personal representatives, execution may be issued against them to enforce it.
Codes, 1880, § 2301; 1892, § 942; 1906, § 1018; Hemingway's 1917, § 738; 1930, § 761; 1942, § 1676.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-31 - Death of parties on bonds having force of judgment

Where execution may be issued on any bond or undertaking, and some of the parties are dead, it may be issued separately against such as are alive, and citation may be issued to the personal representatives of such as are dead, to show cause against the issuance of execution against them on such bond or undertaking; and on the return of such citation executed, if no sufficient cause be shown against it, execution may be issued against them.
Codes, 1880, § 2302; 1892, § 943; 1906, § 1019; Hemingway's 1917, § 739; 1930, § 762; 1942, § 1677.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-33 - Death of parties on bonds having force of judgment; citation in anticipation of judgment

Citation to the personal representatives of a deceased party may be issued and executed at any time before the time for judgment or execution on such bond, recognizance, or undertaking, requiring the appearance of the representatives before the court having possession or control of the obligation, to submit to judgment or execution thereon; and if issued and executed before the rendition of judgment or issuance of execution against the living parties, judgment may be rendered or execution issued against such personal representatives as well as against parties alive, without delay or further process.
Codes, 1880, § 2303; 1892, § 944; 1906, § 1020; Hemingway's 1917, § 740; 1930, § 763; 1942, § 1678.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-35 - Death of parties on bonds having force of judgment; when citation issued and returnable

Citations referred to in Section
11-1-33
may be issued in vacation or in term time without any order of court therefor, and may be made returnable on the return day for other process, if issued in vacation, or forthwith, if issued during the term of court, and shall be executed five days before judgment or execution against such personal representatives.
Codes, 1880, § 2304; 1892, § 945; 1906, § 1021; Hemingway's 1917, § 741; 1930, § 764; 1942, § 1679.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-37 - Certification of transferred causes

If a cause be transferred by order of the chancery court to the circuit court, or vice versa, the clerk of the court ordering the transfer shall forthwith deposit all the papers in the cause, together with his certificate of the fact of the transfer, in the court to which it was transferred, taking the receipt of the clerk therefor.
Codes, 1892, § 936; 1906, § 1012; Hemingway's 1917, § 732; 1930, § 765; 1942, § 1680.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-39 - Proceedings in transferred causes

When the papers have been deposited in the court to which the cause was transferred, all the parties to the proceeding shall take notice of the fact of the transfer; and the complainant or plaintiff shall file his declaration or bill in the court to which the cause was transferred within thirty days, unless the court, judge, or chancellor shall restrict the time or grant further time; and the defendant shall plead within thirty days thereafter, unless the time, by like means, be restricted or extended. And the cause shall be proceeded with as if it had been originally begun in that court, as of the date on which the cause was originally instituted.
Codes, 1892, § 937; 1906, § 1013; Hemingway's 1917, § 733; 1930, § 766; 1942, § 1681.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-41 - Costs in transferred causes

The complainant or plaintiff in the first court shall pay all the costs in such court; but he may recover the same of the defendant, in the court to which the cause was transferred, at the discretion of the court.
Codes, 1892, § 938; 1906, § 1014; Hemingway's 1917, § 734; 1930, § 767; 1942, § 1682.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-43 - Seizure of perishable commodities by legal process

In order to promote the general welfare, to insure, prepare and expedite movement of commerce through the ports of the State of Mississippi, to avoid any unnecessary delay, to indemnify any damages to shippers through said ports, and to prevent any unnecessary delay, it is provided that any person, firm or corporation who shall hereafter seek in the courts of Mississippi, either the circuit courts or the chancery courts, to obtain writ of replevin, writ of sequestration, writ of seizure, writ of attachment, or other legal processes for the purpose of seizing any cargo or shipment of bananas or other perishable commodity passing through the ports of entry in the State of Mississippi, shall, before such writ is issued, post a good and sufficient bond with sufficient sureties thereon, to be approved by the clerk of the court, wherein such proceedings are instituted. Such bond shall be in a sum double the value of the commodities sought to be attached, replevied, sequestrated, seized or otherwise, payable to the person actually in possession of said commodities, and conditioned that the plaintiff therein shall indemnify and pay to the owner of such property such damages as he or it may sustain by reason of such seizure of said property, that he will pay all handling charges, charges that might accrue on demurrage on the ship, cars, warehouses, docks or railroad facilities and all freight charges, and that he will pay all attorney's fees, court cost and all other damages that might accrue by reason of such illegal seizure thereof.
Codes, 1942, § 1683; Laws, 1936, ch. 317.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-45 - Seizure of perishable commodities by legal process; declaration or bill

When any affidavit is filed, either in circuit courts or chancery courts in the state of Mississippi, attaching, sequestrating, replevying, or seizing any commodities described in Section
11-1-43
, the plaintiff therein shall be required to file, within forty-eight hours, after the writ or affidavit has been issued, a declaration stating cause of action if in the circuit courts, or a bill of complaint if filed in the chancery courts, stating cause of action upon which the seizure is made. Upon filing of said declaration or bill of complaint, an issue shall be joined thereon, and a hearing, in vacation, may be had before the circuit judge or chancellor in the said district where said writ was issued to determine the rights of the said parties to the ownership of the said commodities so seized. Upon hearing of evidence, the court may in vacation render judgment and award possession to the parties entitled and may, if said writ or writs were illegally issued out, award damages on said bond to the parties entitled thereto.
Codes, 1942, § 1684; Laws, 1936, ch. 317.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-47 - Seizure of perishable commodities by legal process; possessor presumed to be owner

The possessor of any perishable commodities as described in Section
11-1-43
, shall be presumed to be the owner of said commodities and, in the event any writ of replevin, writ of seizure, writ of sequestration or writ of attachment shall be issued against such commodities, the possessor thereof shall have the immediate right to possession of said commodities upon his furnishing bond payable to the order of the clerk of the court in a sum equal to the value of the commodities.
Codes, 1942, § 1685; Laws, 1936, ch. 317.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-49 - Seizure of perishable commodities by legal process; process as to nonresident owners

If the owner of any such cargo or shipment of such perishable commodities be a nonresident of the State of Mississippi and be made a defendant in any action at law or suit in any chancery court, in any court of this state, service of summons or process of such court may be served on such defendant by serving a copy thereof on any steamship agent, ship captain, or other ship's officer, railroad agent, railroad conductor, stevedore or other person having possession or control of such cargo or shipment and by mailing a copy thereof by registered mail addressed to the last known address of such defendant, return receipt requested. When any summons or process against such nonresident owner of such cargo or shipment has been returned so executed, the defendant shall be considered in court and the action or suit shall proceed as though personal service had been had on such defendant, nonresident owner of such cargo or shipment, and all other process or notices necessary to be served in any court proceeding may be served as herein provided.
Codes, 1942, § 1686; Laws, 1936, ch. 317.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-52 - Limitations on charges permitted for photocopying patients' records by medical provider; physicians to make reasonable charges for depositions; limitations on charges permitted for execution of patient-requested medical record affidavit by medical provider; medical providers to comply with HIPAA

(1)
Any medical provider or hospital or nursing home or other medical facility shall charge no more than the following amounts to patients or their representatives for photocopying any patient's records: Twenty Dollars ($20.00) for pages one (1) through twenty (20); One Dollar ($1.00) per page for the next eighty (80) pages; Fifty Cents (50¢) per page for all pages thereafter. Ten percent (10%) of the total charge may be added for postage and handling. Fifteen Dollars ($15.00) may be recovered by the medical provider or hospital or nursing home or other medical facility for retrieving medical records in archives at a location off the premises where the facility/office is located.
(2)
A physician shall only charge normal, reasonable and customary charges for a deposition related to a patient that the physician is treating or has treated.
(3)
Any medical provider, hospital, nursing home or other medical facility shall charge no more than Twenty-five Dollars ($25.00) for executing a medical record affidavit, when the affidavit is requested by the patient or the patient's representative.
(4)
In charging the fees authorized under subsection (1) of this section, the medical provider, hospital, nursing home or other medical facility shall comply with the federal Health Insurance Portability and Accountability Act (HIPAA).
Laws, 2004, 1st Ex. Sess., ch. 2, § 1; Laws, 2006, ch. 588, § 1, eff. 4/21/2006.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-53 - Harrison County; commencement of civil actions, change of venue and transfer of cases between districts

In Harrison County, a county having two (2) judicial districts, all civil actions shall be commenced in each of the two (2) judicial districts against defendants as if each district were a separate county, and a change of venue from either of such districts to the other, and from either district to any county of the state, and from any county to either of said districts, shall be made according to the procedure provided for by the Mississippi Rules of Civil Procedure; and the jurisdiction of said courts of said districts shall be the same as if each district were a separate county; provided, however, that any suit or action which may be brought in either of said districts may be commenced by filing a declaration or complaint or other pleading with the clerk of said courts at either Gulfport or Biloxi, and the said clerk shall issue process thereon, returnable to the court of the proper district, and shall deposit the papers in the case in the office of the proper district; and provided further, that no suit or action shall be dismissed because of the fact that the defendant may be sued in the wrong district, but said case or cause shall, upon motion, be transferred for disposition to the proper district and court thereof.
Codes, 1942, § 2910-14; Laws, 1962, ch. 257, § 14; Laws, 1991, ch. 573, § 13, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-54 - Assessment for filing frivolous claims

If a party files any pleading in a civil action which in the opinion of the court is frivolous, the court may impose an assessment of not more than One Thousand Dollars ($1,000.00) against each party and attorney of record for the party filing the pleading. Such assessment shall be in addition to any other assessments, penalties or sanctions authorized by law or otherwise. The proceeds of any assessment imposed under this section shall be paid to the Mississippi Volunteer Lawyers Project, Inc.
Laws, 2002, 3rd Ex. Sess., ch. 4, § 13, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-55 - Authority to impose condition of additur or remittitur

The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of the facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence. If such additur or remittitur be not accepted then the court may direct a new trial on damages only. If the additur or remittitur is accepted and the other party perfects a direct appeal, then the party accepting the additur or remittitur shall have the right to cross appeal for the purpose of reversing the action of the court in regard to the additur or remittitur.
Codes, 1942, § 1686.5; Laws, 1971, ch. 396, § 1; Laws, 1972, ch. 411, § 1, eff. 4/27/1972.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-56 - Responsive pleading to precede assignment to a judge

Civil actions in circuit, chancery and county court shall not be assigned to a judge until at least one (1) defendant has filed a responsive pleading. However, any necessary preliminary matters may be decided by a judge on a separate rotating basis before assignment of the action to a particular judge.
Laws, 2002, 3rd Ex Sess, ch. 4, § 8, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-57 - Additional provisions applicable to all courts

All things contained in Chapters 7 and 11 of this title, not restricted by their nature or by express provision to particular courts, shall be the rules of decision and proceeding in all courts whatsoever.
Codes, Hutchinson's 1848, ch. 53, art. 2 (100); 1857, ch. 61, art. 189; 1871, § 630; 1880, § 1585; 1892, § 629; 1906, § 687; Hemingway's 1917, § 465; 1930, § 474; 1942, § 1412.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-59 - Damages in medical malpractice actions

In any action at law against a licensed physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor to recover damages based upon a professional negligence theory, the complaint or counterclaim shall not specify the amount of damages claimed, but shall only state that the damages claimed are within the jurisdictional limits of the court to which the pleadings are addressed and whether or not the amount of such damages is ten thousand dollars ($10,000.00) or more, or such other minimum amount as shall be necessary to invoke federal jurisdiction if the action is brought in federal court.
Laws, 1983, ch. 425, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-60 - Limitation on noneconomic damages in medical malpractice actions; definitions

(1)
For the purposes of this section, the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a)
"Noneconomic damages" means subjective, nonpecuniary damages arising from death, pain, suffering, inconvenience, mental anguish, worry, emotional distress, loss of society and companionship, loss of consortium, bystander injury, physical impairment, disfigurement, injury to reputation, humiliation, embarrassment, loss of the enjoyment of life, hedonic damages, other nonpecuniary damages, and any other theory of damages such as fear of loss, illness or injury. The term "noneconomic damages" shall not include punitive or exemplary damages.
(b)
"Actual economic damages" means objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, custodial care, disabilities, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses.
(2)
(a)
In any cause of action filed on or after September 1, 2004, for injury based on malpractice or breach of standard of care against a provider of health care, including institutions for the aged or infirm, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than Five Hundred Thousand Dollars ($500,000.00) for noneconomic damages.
(b)
In any civil action filed on or after September 1, 2004, other than those actions described in paragraph (a) of this subsection, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.
It is the intent of this section to limit all noneconomic damages to the above.
(c)
The trier of fact shall not be advised of the limitations imposed by this subsection (2) and the judge shall appropriately reduce any award of noneconomic damages that exceeds the applicable limitation.
(3)
Nothing contained in subsection (1) of this section shall be construed as creating a cause of action or as setting forth elements of or types of damages that are or are not recoverable in any type of cause of action.
Laws, 2002, 3rd Ex Sess, ch. 2, § 7; Laws, 2004, 1st Ex. Sess., ch. 1, § 2, eff. 9/1/2004, and applicable to all causes of action filed on or after 9/1/2004.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-61 - Expert witness in action against physician

In any action for injury or death against a physician, whether in contract or in tort, arising out of the provision of or failure to provide health care services, a person may qualify as an expert witness on the issue of the appropriate medical standard of care if the witness is licensed in this state, or some other state, as a doctor of medicine.
Laws, 1990, ch. 440, § 1, eff. March 21, 1990.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-62 - Protection of medical professionals who prescribe FDA approved drugs

In any civil action alleging damages caused by a prescription drug that has been approved by the federal Food and Drug Administration, a physician, optometrist, nurse practitioner or physician assistant may not be sued unless the plaintiff pleads specific facts which, if proven, amount to negligence on the part of the medical provider. It is the intent of this section to immunize innocent medical providers listed in this section who are not actively negligent from forum-driven lawsuits.
Laws, 2002, 3rd Ex Sess, ch. 2, § 3, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-64 - [Repealed]

Repealed by Laws, 2004 1st ex. Sess. ch. 1, § 7, eff. 9/1/2004, and applicable to all causes of action filed on or after 9/1/2004.
Laws, 2002, 3rd Ex Sess, ch. 4, § 4, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-66 - Immunity of premise owners from civil liability in certain circumstances

No owner, occupant, lessee or managing agent of property shall be liable for the death or injury of an independent contractor or the independent contractor's employees resulting from dangers of which the contractor knew or reasonably should have known.
Laws, 2002, 3rd Ex Sess, ch. 4, § 7; Laws, 2004, 1st ex. Sess., ch. 1, § 5, eff. 9/1/2004, and applicable to all causes of action filed on or after 9/1/2004.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-67 - [Effective until occurrence of contingency - see note] Authority to sue traders in firearms reserved to state

(1)
The authority to bring an action against any firearms or ammunition manufacturer, distributor or dealer duly licensed under federal law on behalf of any governmental entity created by or pursuant to an act of the Mississippi Legislature or the Mississippi Constitution of 1890, or any department, agency or authority thereof, for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to the lawful design, manufacture, distribution or sale of firearms, firearm components, silencers, ammunition or ammunition components to the public, shall be exclusively reserved to the state. This section shall not prohibit a political subdivision from bringing an action against a firearm or ammunition manufacturer, distributor or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision, or for injuries resulting from a firearm malfunction due to defects in materials or workmanship.
(2)
"Political subdivision" and "governmental entity" shall have the meanings ascribed in Section
11-46-1
.
Laws, 2002, 3rd Ex Sess, ch. 4, § 9, eff. 1/1/2003.
Effective date:
Section 7 of Laws, 2023, ch. 461, HB 912, which amended this section, provides: "This act shall take effect and be in force from and after the date that the United States Supreme Court rules in favor of the Texas Attorney General and the State of Texas and its passage and implementation of Texas House Bill 957, 2021 Regular Session, in any appeal related to that certain case pending in the United States District Court for the North District of Texas and styled Paxton et al v. Richardson (4:22-cv-00143), or after ten (10) days following the date of publication by the Attorney General of Mississippi in the administrative bulletin published by the Secretary of State as provided in Section 25-43-2.101, Mississippi Code of 1972, that the Attorney General of Mississippi has determined that the United States Supreme Court has rendered binding precedent that it is reasonably probable that this act would be upheld by the court as constitutional."
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-67 - [Effective upon occurrence of contingency - see note] Authority to sue traders in firearms reserved to state

(1)
The authority to bring an action against any firearms or ammunition manufacturer, distributor or dealer duly licensed under federal law on behalf of any governmental entity created by or pursuant to an act of the Mississippi Legislature or the Mississippi Constitution of 1890, or any department, agency or authority thereof, for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to the lawful design, manufacture, distribution or sale of firearms, firearm components, ammunition or ammunition components to the public, shall be exclusively reserved to the state. This section shall not prohibit a political subdivision from bringing an action against a firearm or ammunition manufacturer, distributor or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision, or for injuries resulting from a firearm malfunction due to defects in materials or workmanship.
(2)
"Political subdivision" and "governmental entity" shall have the meanings ascribed in Section
11-46-1
.
Laws, 2002, 3rd Ex Sess, ch. 4, § 9, eff. 1/1/2003.
Amended by Laws, 2023, ch. 461, HB 912,§ 4, eff. 7/1/2023.
Effective date:
Section 7 of Laws, 2023, ch. 461, HB 912, which amends this section, provides: "This act shall take effect and be in force from and after the date that the United States Supreme Court rules in favor of the Texas Attorney General and the State of Texas and its passage and implementation of Texas House Bill 957, 2021 Regular Session, in any appeal related to that certain case pending in the United States District Court for the North District of Texas and styled Paxton et al v. Richardson (4:22-cv-00143), or after ten (10) days following the date of publication by the Attorney General of Mississippi in the administrative bulletin published by the Secretary of State as provided in Section 25-43-2.101, Mississippi Code of 1972, that the Attorney General of Mississippi has determined that the United States Supreme Court has rendered binding precedent that it is reasonably probable that this act would be upheld by the court as constitutional."
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-69 - Prohibition of hedonic damages in civil actions

(1)
In any civil action for personal injury there may be a recovery for pain and suffering and loss of enjoyment of life. However, there shall be no recovery for loss of enjoyment of life as a separate element of damages apart from pain and suffering damages, and there shall be no instruction given to the jury which separates loss of enjoyment of life from pain and suffering. The determination of the existence and extent of recovery for pain and suffering and loss of enjoyment of life shall be a question for the finder of fact, subject to appellate review, and the monetary value of the pain and suffering and loss of enjoyment of life shall not be made the subject of expert testimony.
(2)
In any wrongful death action, there shall be no recovery for loss of enjoyment of life caused by death.
Laws, 2002, 3rd Ex Sess, ch. 4, § 10, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 1 - PRACTICE AND PROCEDURE PROVISIONS COMMON TO COURTS (§§ 11-1-1 — 11-1-71) › Section 11-1-71 - Immunity of medical personnel who provide volunteer service in school programs

(1)
Any licensed physician, certified nurse practitioner, psychologist or physician assistant who voluntarily provides needed medical or health services to any program at an accredited school in the state without the expectation of payment shall be immune from liability for any civil action arising out of the provision of such medical or health services provided in good faith on a charitable basis. This section shall not extend immunity to willful acts or gross negligence. Except in cases of rendering emergency care wherein the provisions of Section
73-25-37
, Mississippi Code of 1972, apply, immunity under this section shall be extended only if the physician, certified nurse practitioner, psychologist or physician assistant and patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of payment and that the licensed physician or certified nurse practitioner, psychologist or physician assistant shall be immune as provided herein.
(2)
Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section
73-25-18
without any payment or compensation or the expectation or promise of any payment or compensation shall be immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service unless the act or omission was the result of the physician's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written or oral agreement for the physician to provide a voluntary noncompensated medical service before the rendering of the service by the physician.
Laws, 2002, 3rd Ex Sess, ch. 2, § 11, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-1 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hemingway's 1917, § 3182; 1930, § 3371; 1942, § 1955; Laws, 1916, ch. 163
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-3 - Appeals in some cases returnable at any time

Appeals from judgments against persons deprived of their liberty in cases of habeas corpus, and from judgment on informations in the nature of quo warranto to try the right to a public office, whether state, district, county, or municipal, and in actions of mandamus where the public interest is concerned, and in cases at law or in chancery involving taxes claimed by the state, county, or municipality, may be returnable before the Supreme Court immediately, without reference to the return days for other appeals; and when the transcript of the record of the case shall be filed in the office of the clerk of the Supreme Court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on him or his attorney, the court shall consider such cases as entitled to be heard without regard to the district from which they are brought, and in preference to all civil cases, and they shall be heard and disposed of with all convenient speed.
Codes, 1880, § 1403; 1892, § 4343; 1906, § 4907; Hemingway's 1917, § 3185; 1930, § 3372; 1942, § 1956.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-5 - Appeal not to fail for certain irregularities

An appeal to the Supreme Court shall not be dismissed for want of jurisdiction because of a defect in the application for appeal, or in the bond, or because an insufficient amount was paid to prepay the costs or because of any failure by an officer to comply with the requirements of law in reference to appeals; but all defects and irregularities may be cured by amendment so as to perfect the appeal and obtain the judgment of the Supreme Court in the case; but the court may dismiss an appeal for a failure of the appellant to do, within a reasonable time, what may be necessary to perfect his appeal.
Codes, 1880, § 1407; 1892, § 4347; 1906, § 4913; Hemingway's 1917, § 3189; 1930, § 3375; 1942, § 1959; Laws, 1978, ch. 335, § 2, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-7 - Cases heard at return term; judgment

In case the judgment, sentence or decree of the court below be reversed, the Supreme Court shall render such judgment, sentence or decree as the court below should have rendered, unless it be necessary, in consequence of its decision, that some matter of fact be ascertained, or damages be assessed by a jury, or where the matter to be determined is uncertain; in either of which cases the suit, action or prosecution shall be remanded for a final decision; and when so remanded shall be proceeded with in the court below according to the direction of the Supreme Court, or according to law in the absence of such directions.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (10); 1857, ch. 63, art. 11; 1871, § 413; 1880, § 1415; 1892, § 4353; 1906, § 4919; Hemingway's 1917, § 3195; 1930, § 3378; 1942, § 1962; Laws, 1991, ch. 573, § 14, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-9 - No reversal or annulment for want of jurisdiction

A judgment or decree in any chancery or circuit court rendered in a civil case, shall not be reversed or annulled on account of want of jurisdiction to render the judgment or decree.
Codes, 1892, § 4354; 1906, § 4920; Hemingway's 1917, § 3196; 1930, § 3380; 1942, § 1964.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-11 - Voluntary dismissal of appeal

If an appellant shall voluntarily dismiss his appeal after the transcript of the record has been filed in the Supreme Court, he shall be liable to judgment by said court as in case of an affirmance of the judgment or decree.
Codes, 1880, § 1429; 1892, § 4366; 1906, § 4932; Hemingway's 1917, § 3208; 1930, § 3381; 1942, § 1965.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-13 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (10); 1857, ch. 63, art. 16; 1871, § 418; 1880, § 1416; 1892, § 4355; 1906, § 4921; Hemingway's 1917, § 3197; 1930, § 3382; 1942, § 1966.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-15 - Effect of dismissal

After the dismissal of an appeal or supersedeas by the Supreme Court, another appeal or supersedeas shall not be granted in the same cause, so as to bring it again before the court.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (33); 1857, ch. 63, art. 17; 1871, § 419; 1880, § 1417; 1892, § 4356; 1906, § 4922; Hemingway's 1917, § 3198; 1930, § 3383; 1942, § 1967.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-17 - and 11-3-19 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-3-17. [Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (25); 1857, ch. 63, art. 23; 1871, § 425; 1880, § 1419; 1892, § 4358; 1906, § 4924; Hemingway's 1917, § 3200; 1930, § 3384; 1942, § 1968] § 11-3-19. [Codes, 1880, § 1418; 1892, § 4357; 1906, § 4923; Hemingway's 1917, § 3199; 1930, § 3385; 1942, § 1969]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-21 - Motion to discharge supersedeas in certain cases

A motion to discharge a supersedeas in an appeal to the Supreme Court may be made before and heard by the court on ten days' notice to the opposite party, at any time before the day to which the appeal is returnable, and the court shall make such orders and render such judgment as may be proper in the case.
Codes, 1880, § 1421; 1892, § 4359; 1906, § 4925; Hemingway's 1917, § 3201; 1930, § 3386; 1942, § 1970.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-23 - and 11-3-25 - [Repealed]

Repealed by Laws, 2002, 3rd Ex Sess, ch. 4, § 14, eff. 1/1/2003.
§ 11-3-23. [Codes, Hutchinson's 1848, ch. 63, class 4, art. 2 (152); 1857, ch. 63, art. 12; 1871, § 414; 1880, § 1422; 1892, § 4360; 1906, § 4926; Hemingway's 1917, § 3202; 1930, § 3387; 1942, § 1971; Laws, 1977, ch. 446; Laws, 1978, ch. 335, § 3; Laws, 1980, ch. 533, § 1, eff. 7/1/1980.]§ 11-3-25. [Codes, 1880, § 1423; 1892, § 4361; 1906, § 4927; Hemingway's 1917, § 3203; 1930, § 3388; 1942, § 1972.]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-27 - Judgment on bond for supersedeas

In case a bond has been given for a supersedeas, the judgment of the Supreme Court, on affirming the judgment or decree of the court below, or on a dismissal of the appeal by the appellant or the court, shall be for the money adjudged or decreed against appellant, and damages and costs, or for the specific property and damages and costs, or for the damages and costs, as the case may be, against all the obligors in the bond who may be living at that time, and execution may be issued thereon accordingly. If any of the obligors be dead, his representatives may be summoned to show cause why judgment should not be rendered against them on the bond; and if good cause be not shown to the contrary, judgment shall be entered against them in like manner as against the living obligors, and certified to the court below, and execution may be issued thereon.
Codes, 1880, § 1425; 1892, § 4362; 1906, § 4928; Hemingway's 1917, § 3204; 1930, § 3389; 1942, § 1973.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-29 - [Repealed]

Repealed, by Laws, 1978, ch. 335, § 41, eff. 7/1/1978.
Codes, 1880, § 1426; 1892, § 4363; 1906, § 4929; Hemingway's 1917, § 3205; 1930, § 3390; 1942, § 1974
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-31 - Judgment certified to be enforced

On receiving the certificate of the clerk of the Supreme Court of the judgment of that court in any matter, it shall be the duty of the clerk of the court below to issue the proper process to enforce the judgment according to its terms.
Codes, 1880, § 1427; 1892, § 4364; 1906, § 4930; Hemingway's 1917, § 3206; 1930, § 3391; 1942, § 1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-33 - Bond may be excepted to

The sufficiency of a bond in any respect as a security may be excepted to before the Supreme Court, or a judge thereof in vacation, on five (5) days' notice to the opposite party and, if the exception be sustained and the security be not immediately perfected, the appeal shall cease to operate as a supersedeas, and the supersedeas shall be discharged by order of the court or judge, and execution may be issued on the judgment or decree appealed from; and the Supreme Court may give judgment on the bond as in other cases, as if the supersedeas had not been discharged. If necessary, a new execution may be issued on the judgment, although one may have been issued on the discharge of the supersedeas.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 7 (2); 1857, ch. 63, art. 10; 1871, § 412; 1880, § 1428; 1892, § 4365; 1906, § 4931; Hemingway's 1917, § 3207; 1930, § 3392; 1942, § 1976; Laws, 1978, ch. 335, § 4, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-35 - Judgment not to be reversed for certain errors

No judgment in any case originating in a justice court, or in a municipal court, and appealed to the circuit court, shall be reversed because it may appear in the Supreme Court transcript that the judgment or record of the said justice or municipal court was not properly certified or was not certified at all, or was missing in whole or in part, unless the record further shows that objection on that account was made in the circuit court, in the absence of which objection in the circuit court there shall be a conclusive presumption that the defects in this clause mentioned did not exist in the circuit court proceedings: Provided however, that the foregoing clause shall not apply to cases wherein a record in the supreme court of the transcript from the justice or municipal court is necessary to a fair understanding of the proceedings in the circuit court.
Codes, 1880, § 1433; 1892, § 4370; 1906, § 4936; Hemingway's 1917, § 3212; 1930, § 3403; 1942, § 1987.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-37 - Appellant not entitled to reversal for error as to another

In all cases, civil and criminal, a judgment or decree appealed from may be affirmed as to some of the appellants and be reversed as to others; and one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case. And when a judgment or decree shall be affirmed as to some of the appellants and be reversed as to others, the case shall thereafter be proceeded with, so far as necessary, as if the separate suits had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly. Costs may be adjudged in such cases as the supreme court shall deem proper.
Codes 1880, § 1440; 1892, § 4378; 1906, § 4944; Hemingway's 1917, § 3220; 1930, § 3404; 1942, § 1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-39 - Judgments affirmed in part and reversed in part

Where the judgment appealed from is for property, real or personal, and damages, the supreme court, finding the judgment to be erroneous as to the damages only, may affirm it as to the property and reverse and remand it for a new trial as to the damages, and may adjudge the costs as may be proper.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (7); 1857, ch. 63, art. 13; 1871, § 415; 1880, § 1441; 1892, § 4379; 1906, § 4945; Hemingway's 1917, § 3221; 1930, § 3405;1942, § 1989.