reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 55 - LITIGATION ACCOUNTABILITY ACT OF 1988 (§§ 11-55-1 — 11-55-15) › Section 11-55-15 - Actions to which chapter applies

This chapter shall apply to any suit or claim or defense or appeal filed or perfected subsequent to July 1, 1988. It shall also apply to any suit or claim or defense or appeal which has been filed or perfected prior to July 1, 1988, and which is not dismissed within one hundred eighty (180) days after July 1, 1988.
Laws, 1988, ch. 495, § 8, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-1 - Short Title

This chapter shall be known and may be cited as the "Structured Settlement Protection Act."
Laws, 2002, ch. 530, § 1, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-5 - Disclosure statement

Not less than three (3) days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) points, setting forth:
(a)
The amounts and due dates of the structured settlement payments to be transferred;
(b)
The aggregate amount of such payments;
(c)
The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the Applicable Federal Rate used in calculating such discounted present value;
(d)
The gross advance amount;
(e)
An itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursement payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;
(f)
The net advance amount;
(g)
The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
(h)
A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Laws, 2002, ch. 530, § 3, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-7 - Transfers of structured settlement payment rights

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by such court or responsible administrative authority that:
(a)
The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(b)
The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and
(c)
The transfer does not contravene any applicable statute or the order of any court or other government authority.
Laws, 2002, ch. 530, § 4, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-9 - Consequences of transfer

Following a transfer of structured settlement payment rights under this chapter:
(a)
The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(b)
The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(i)
If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and
(ii)
For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;
(c)
Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees; and
(d)
Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
Laws, 2002, ch. 530, § 5, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-11 - Application for transfer; notification; hearing

(1)
An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.
(2)
Not less than twenty (20) days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section
11-57-7
, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with such notice:
(a)
A copy of the transferee's application;
(b)
A copy of the transfer agreement;
(c)
A copy of the disclosure statement required under Section
11-57-5
;
(d)
A listing of each of the payee's dependents, together with each dependent's age;
(e)
Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(f)
Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed which shall be not less than fifteen (15) days after service of the transferee's notice in order to be considered by the court or responsible administrative authority.
Laws, 2002, ch. 530, § 6, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-13 - Transferee and payee responsibilities

(1)
The provisions of this chapter may not be waived by any payee.
(2)
Any transfer agreement entered into on or after July 1, 2002, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(3)
No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for (a) periodically confirming the payee's survival, and (b) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(4)
No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to be proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this chapter.
(5)
Nothing contained in this chapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into before July 1, 2002, is valid or invalid.
(6)
Compliance with the requirements set forth in §
11-57-5
and fulfillment of the conditions set forth in §
11-57-7
shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.
Laws, 2002, ch. 530, § 7, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 57 - STRUCTURED SETTLEMENTS (§§ 11-57-1 — 11-57-15) › Section 11-57-15 - Applicability

This chapter shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after August 1, 2002; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached before such date is either effective or ineffective.
Laws, 2002, ch. 530, § 8, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-1 - Short title

This chapter may be cited as the Uniform Interstate Depositions and Discovery Act.
Laws, 2011, ch. 347, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-3 - Definitions

In this chapter:
(1)
"Foreign jurisdiction" means a state other than this state.
(2)
"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5)
"Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(A)
Attend and give testimony at a deposition;
(B)
Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(C)
Permit inspection of premises under the control of the person.
Laws, 2011, ch. 347, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-5 - Issuance of subpoena

(a)
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.
(b)
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c)
A subpoena under subsection (b) must:
(A)
Incorporate the terms used in the foreign subpoena; and
(B)
Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Laws, 2011, ch. 347, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-7 - Service of subpoena

A subpoena issued by a clerk of court under Section
11-59-5
must be served in compliance with Rule 45 of the Rules of Civil Procedure.
Laws, 2011, ch. 347, § 4, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-9 - Deposition, production and inspection

Rule 45 of the Mississippi Rules of Civil Procedure and Rule 2.01 of the Uniform Rules of Circuit and County Court Practice apply to subpoenas issued under Section
11-59-5
.
Laws, 2011, ch. 347, § 5, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-11 - Application to court

An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section
11-59-5
must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Laws, 2011, ch. 347, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-13 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Laws, 2011, ch. 347, § 7, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 59 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 11-59-1 — 11-59-15) › Section 11-59-15 - Application to pending actions

This chapter applies to requests for discovery in cases pending on July 1, 2011.
Laws, 2011, ch. 347, § 8, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 61 - MISSISSIPPI RELIGIOUS FREEDOM RESTORATION ACT (§§ 11-61-1 — 11-61-3) › Section 11-61-3 - Wearing of tribal regalia or objects of cultural significance at public events

(1)
The Legislature recognizes that the Mississippi Band of Choctaw Indians is the only federally recognized Indian tribe in the State of Mississippi, and the purpose of this section is to help further the state's recognition of the unique cultural heritage of federally recognized Indian tribes and the state's commitment to preserving the cultural integrity of federally recognized Indian tribes.
(2)
A governmental entity may not prohibit an individual from wearing traditional tribal regalia or objects of cultural significance at a public event.
(3)
For purposes of this section, the following definitions apply:
(a)
"Individual" means a human being, regardless of age, who is a member or descendant of a federally recognized Indian tribe.
(b)
"Governmental entity" means any branch, department, agency or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of this state.
(c)
"Political subdivision" has the meaning provided in Section
11-46-1
.
(d)
"Public event" means an event held or sponsored by a governmental entity, including, but not limited to, an award ceremony, a graduation ceremony or public meeting.
Added by Laws, 2020, ch. 405, SB 2595,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-1 - Short title

This chapter shall be known and may be cited as the "Protecting Freedom of Conscience from Government Discrimination Act."
Added by Laws, 2016, ch. 334, HB 1523, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-3 - Protected beliefs

The sincerely held religious beliefs or moral convictions protected by this chapter are the belief or conviction that:
(a)
Marriage is or should be recognized as the union of one man and one woman;
(b)
Sexual relations are properly reserved to such a marriage; and
(c)
Male (man) or female (woman) refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at time of birth.
Added by Laws, 2016, ch. 334, HB 1523, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-7 - Discriminatory action defined

(1)
As used in this chapter, discriminatory action includes any action taken by the state government to:
(a)
Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in Section
11-62-5
;
(b)
Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by such person;
(c)
Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;
(d)
Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to such person;
(e)
Impose, levy or assess a monetary fine, fee, penalty or injunction;
(f)
Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or
(g)
Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, materially alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.
(2)
The state government shall consider accredited, licensed or certified any person that would otherwise be accredited, licensed or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks or acts in accordance with a sincerely held religious belief or moral conviction described in Section
11-62-3
.
Added by Laws, 2016, ch. 334, HB 1523, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-9 - Actions under chapter

(1)
A person may assert a violation of this chapter as a claim against the state government in any judicial or administrative proceeding or as defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person or any other party.
(2)
An action under this chapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(3)
Violations of this chapter which are properly governed by Chapter 46, Title 11, Mississippi Code of 1972, shall be brought in accordance with that chapter.
Added by Laws, 2016, ch. 334, HB 1523, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-11 - Remedies

An aggrieved person must first seek injunctive relief to prevent or remedy a violation of this chapter or the effects of a violation of this chapter. If injunctive relief is granted by the court and the injunction is thereafter violated, then and only then may the aggrieved party, subject to the limitations of liability set forth in Section
11-46-15
, seek the following:
(a)
Compensatory damages for pecuniary and nonpecuniary losses;
(b)
Reasonable attorneys' fees and costs; and
(c)
Any other appropriate relief, except that only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a claim or defense under this chapter.
Added by Laws, 2016, ch. 334, HB 1523, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-13 - Limitations period

A person must bring an action to assert a claim under this chapter not later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.
Added by Laws, 2016, ch. 334, HB 1523, 7, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-15 - Construction and applicability

(1)
This chapter shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the state and federal constitutions.
(2)
The protection of free exercise of religious beliefs and moral convictions afforded by this chapter are in addition to the protections provided under federal law, state law, and the state and federal constitutions. Nothing in this chapter shall be construed to preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to prevent the state government from providing, either directly or through an individual or entity not seeking protection under this chapter, any benefit or service authorized under state law.
(3)
This chapter applies to, and in cases of conflict supersedes, each statute of the state that impinges upon the free exercise of religious beliefs and moral convictions protected by this chapter, unless a conflicting statute is expressly made exempt from the application of this chapter. This chapter also applies to, and in cases of conflict supersedes, any ordinance, rule, regulation, order, opinion, decision, practice or other exercise of the state government's authority that impinges upon the free exercise of religious beliefs or moral convictions protected by this chapter.
Added by Laws, 2016, ch. 334, HB 1523, 8, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 62 - PROTECTING FREEDOM OF CONSCIENCE FROM GOVERNMENT DISCRIMINATION ACT (§§ 11-62-1 — 11-62-19) › Section 11-62-19 - Relation to Mississippi Religious Freedom Restoration Act

The provisions of this chapter shall be excluded from the application of Section
11-61-1
.
Added by Laws, 2016, ch. 334, HB 1523, 10, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 63 - APPLICATION OF FOREIGN LAW (§ 11-63-1) › Section 11-63-1 - Application of foreign law prohibited under certain circumstances

(1)
In this section, "foreign law" means any law, rule, legal code or legal system other than the constitution, laws and ratified treaties of the United States and the territories of the United States, the constitution and laws of another state of the United States, Native American tribal law, the Mississippi Constitution of 1890, and the laws of this state.
(2)
A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890.
Added by Laws, 2015, ch. 408, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 65 - ENFORCEMENT OF FEDERAL LAWS, ORDERS, RULES (§ 11-65-1) › Section 11-65-1 - Enforcement of certain federal laws, orders, or rules prohibited

No federal executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute issued, enacted or promulgated after July 1, 2016, that violates the United States Constitution or the Mississippi Constitution of 1890 shall be enforced or ordered to be enforced by any official, agent or employee of this state or a political subdivision thereof.
Added by Laws, 2016, ch. 421, HB 786, 5, eff. 4/15/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-1 - Short title

This chapter may be cited as the "Asbestos Bankruptcy Trust Claims Transparency Act."
Added by Laws, 2017, ch. 435, HB 1426, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-3 - Declaration of legislative intent

(1)
The Legislature finds and determines that:
(a)
Asbestos is a mineral that was widely used for insulation, fireproofing, and other purposes;
(b)
Exposure to asbestos has been causally associated with mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis, pleural plaques, and diffuse pleural thickening;
(c)
Approximately one hundred (100) employers have declared bankruptcy at least partially due to asbestos-related liability;
(d)
Over ten thousand (10,000) companies have been named as asbestos defendants, including many small- and medium-sized companies, in industries that cover eighty-five percent (85%) of the United States economy;
(e)
Scores of trusts have been established in asbestos-related bankruptcy proceedings to form a multibillion dollar asbestos bankruptcy trust compensation system outside of the tort system, and new asbestos trusts continue to be established;
(f)
Asbestos plaintiffs often seek compensation both from solvent defendants in civil actions and from trusts or claims facilities formed in asbestos-related bankruptcy proceedings;
(g)
There is limited coordination and transparency between these two (2) paths to recovery, which has resulted in the suppression of evidence in asbestos actions; and
(h)
Justice is promoted by transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions.
(2)
Now, therefore, it is the intent of the Legislature to:
(a)
Provide transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions by creating a substantive right for defendants to obtain bankruptcy trust discovery;
(b)
Reduce the opportunity for oversight or suppression of evidence in asbestos actions; and
(c)
Enhance the ability of courts to oversee and manage asbestos cases.
Added by Laws, 2017, ch. 435, HB 1426, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-5 - Definitions

The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(a)
"Asbestos" includes, without limitation, chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in
29 CFR 1910
at the time the asbestos action is filed.
(b)
"Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action by a plaintiff arising out of, based on, or related to the health effects of exposure to asbestos, including, but not limited to, loss of consortium, wrongful death, mental or emotional injury.
(c)
"Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to
11 U.S.C. 524(g)
or
11 U.S.C. 1121(a)
or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(d)
"Asbestos trust claim" includes, but is not limited to, any claim or demand for compensation for asbestos-related injuries from an asbestos trust.
(e)
"Plaintiff" means the exposed person, deceased or living, and the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual.
(f)
"Trust materials" means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust and any other information that the plaintiff submits to the asbestos trust, including claims forms and supplementary materials, affidavits, correspondence, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents relating to the settlement of the trust claim.
(g)
"Trust governance documents" means all documents that relate to eligibility and payment levels, including, but not limited to, claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
Added by Laws, 2017, ch. 435, HB 1426, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-7 - Required disclosures by the plaintiff

(1)
Within thirty (30) days after an asbestos action is filed, or by August 1, 2017, whichever is later, the plaintiff shall do all of the following:
(a)
Provide the court and parties with a sworn statement signed by the plaintiff, under penalties of perjury, that all asbestos trust claims that can be made by the plaintiff have been filed and that includes the following:
(i)
A statement that an investigation of all asbestos trust claims has been conducted;
(ii)
A list identifying each asbestos trust claim that has been filed by the plaintiff;
(iii)
A list identifying each asbestos trust claim that can be made by the plaintiff, which has not been filed for the sole permissible reason that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery; and
(iv)
Whether there has been a request to defer, delay, suspend, toll, withdraw, or otherwise alter the standing of any asbestos trust claim, and provide the status and disposition of each asbestos trust claim.
(b)
Provide all parties with all trust materials, including trust materials that relate to conditions other than those that are the basis for the asbestos action and including all trust materials from all law firms connected to the plaintiff in relation to exposure to asbestos, including anyone at a law firm involved in the asbestos action, any referring law firm, and any other firm that has filed an asbestos trust claim for the plaintiff. Documents should be accompanied by a custodial affidavit from the asbestos trust, certifying that the trust materials submitted to defendants are true and complete.
(c)
If the plaintiff's asbestos trust claim is based on secondary exposure to asbestos through another individual or individuals, the plaintiff shall produce all trust materials submitted by the other individual or individuals to any asbestos trusts if the materials are available to the plaintiff or the plaintiff's counsel.
(2)
The plaintiff has a continuing duty to supplement the information and materials required under subsection (1) and the supplementation shall be made no later than thirty (30) days after the plaintiff supplements an existing asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional asbestos trust claim.
(3)
The court may dismiss the asbestos action if the plaintiff fails to comply with this section.
(4)
An asbestos action may not be set for trial until at least one hundred eighty (180) days after the requirements of subsection (1) are met.
(5)
Not less than thirty (30) days before trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff.
Added by Laws, 2017, ch. 435, HB 1426, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-9 - Identification of additional asbestos trust claims by defendant; trust record

(1)
A defendant may file a motion requesting a stay of the proceeding on or before the later of the sixtieth day before the date of trial in the action is set to commence or any other such time for which the defendant has a good faith reasonable basis to request a stay. The motion shall identify the asbestos trust claims not previously identified that the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.
(2)
Within ten (10) days of receiving the defendant's motion, the plaintiff shall:
(a)
File the asbestos trust claims; or
(b)
File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff's reasonably anticipated recovery.
(3)
(a)
Subject to paragraph (b) of this subsection (3), if the court determines that there is a basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.
(b)
If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by that asbestos trust.
(4)
An asbestos action may not be set for trial until at least sixty (60) days after the plaintiff complies with the requirements of this section.
Added by Laws, 2017, ch. 435, HB 1426, 5, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-11 - Discovery; use of materials

(1)
Trust materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. A claim of privilege does not apply to any trust materials or trust governance documents.
(2)
A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent at the time of asbestos trust identification, including, but not limited to, authorization for release of trust materials or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
(3)
Trust materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents are sufficient to support a jury finding that the plaintiff was exposed to products for which the trust was established to provide compensation and that, under applicable law, such exposure is a substantial contributing factor in causing the plaintiff's injury that is at issue in the asbestos action.
Added by Laws, 2017, ch. 435, HB 1426, 6, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-13 - Failure to provide information; sanctions

(1)
If the plaintiff files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos action and adjust the judgment and order any relief to the parties that the court considers just and proper.
(2)
A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one (1) year after the judgment was entered.
Added by Laws, 2017, ch. 435, HB 1426, 7, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 67 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 11-67-1 — 11-67-15) › Section 11-67-15 - Application

This chapter shall apply to all asbestos actions filed on or after July 1, 2017, and to all pending asbestos tort actions in which trial has not commenced as of July 1, 2017.
Added by Laws, 2017, ch. 435, HB 1426, 8, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 69 - LIABILITY EXEMPTION FOR FURNISHING INFORMATION CONCERNING INSURANCE FRAUD (§ 11-69-1) › Section 11-69-1 - Immunity of persons or entities from civil liability for furnishing information concerning insurance fraud; applicability

(1)
Except as otherwise provided in subsection (2) of this section, there shall be no civil liability imposed on and no cause of action shall arise against a person or entity for furnishing information concerning suspected or completed insurance fraud to any law enforcement, investigatory, prosecutorial or regulatory agent or agency, insurer, or statutory residual market plan. This shall not abrogate or modify common law or statutory privileges or immunities enjoyed by a person or entity. The prohibition of civil liability applies only to the act of reporting and does not limit civil liability against a person or entity for committing fraud or other tortious conduct.
(2)
Subsection (1) of this section shall not apply to claims against persons where false statements were made in bad faith by persons furnishing information concerning suspected or completed insurance fraud. Any civil action brought against a person for filing a report or furnishing other information concerning insurance fraud shall be dismissed unless the party bringing the action has pleaded specifically that subsection (1) of this section does not apply because the person filing the report or furnishing the information did so in bad faith, and has pleaded specifically facts that support a claim of bad faith.
Added by Laws, 2018, ch. 419, SB 2527,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13) › Section 11-71-1 - [For effective and expiration dates, see note below] Short title

This chapter shall be known and may be cited as the "Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act."
Added by Laws, 2020, ch. 475, SB 3049,§ 1.
Effective Date - Expiration Date:
Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13) › Section 11-71-5 - [For effective and expiration dates, see note below] Immunity from suit for civil damages for certain COVID-19-related injuries or death if applicable public health guidance followed in good faith

(1)
A person, or agent of that person, who attempts in good faith to follow applicable public health guidance shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services.
(2)
A person, or agent of that person, shall be immune from suit for civil damages for injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services in the time before applicable public health guidance was available.
(3)
An owner, lessee, occupant or any other person in control of a premises, who attempts, in good faith, to follow applicable public health guidance and directly or indirectly invites or permits any person onto a premises shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19.
Added by Laws, 2020, ch. 475, SB 3049,§ 3.
Effective Date - Expiration Date:
Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13) › Section 11-71-9 - [For effective and expiration dates, see note below] Immunity from suit for civil damages for injuries related to exposure to COVID-19 for persons who make, sell or donate qualified products, or who make, sell or donate certain cleaning supplies or personal protective equipment

(1)
A person who designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19 shall be immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by a qualified product.
(2)
A person who designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 outside the ordinary course of the person's business shall be immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by the disinfecting or cleaning supplies or personal protective equipment.
Added by Laws, 2020, ch. 475, SB 3049,§ 5.
Effective Date - Expiration Date:
Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13) › Section 11-71-11 - [For effective and expiration dates, see note below] Exceptions to immunity; limitations of chapter

(1)
Notwithstanding any other provision of this chapter, the immunities provided in this chapter shall not apply where the plaintiff shows, by clear and convincing evidence, that a defendant, or any employee or agent thereof, acted with actual malice or willful, intentional misconduct.
(2)
Nothing in this chapter:
(a)
Creates, recognizes or ratifies a claim or cause of action of any kind;
(b)
Eliminates a required element of any claim;
(c)
Affects workers' compensation law, including the exclusive application of such law; or
(d)
Amends, repeals, alters or affects any other immunity or limitation of liability.
Added by Laws, 2020, ch. 475, SB 3049,§ 6.
Effective Date - Expiration Date:
Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13) › Section 11-71-13 - [For effective and expiration dates, see note below] Statute of limitations for suits for alleged injuries related to COVID-19

Except as otherwise provided in Section
11-46-11
, a person must bring suit for any alleged injury arising from COVID-19 not later than two (2) years after the day the cause of action accrues.
Added by Laws, 2020, ch. 475, SB 3049,§ 7.
Effective Date - Expiration Date:
Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."