reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 73 - CIVIL LIABILITY FOR ENGAGING IN HUMAN TRAFFICKING (§§ 11-73-1 — 11-73-9) › Section 11-73-1 - Definitions

For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context requires otherwise:
(a)
"Human trafficking" means the actions that constitute an offense under Section
97-3-54.1
or
97-3-54.3
.
(b)
"Venture" means any group of two (2) or more individuals associated in fact, whether or not a legal entity.
Added by Laws, 2022, ch. 427, SB 2321,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 73 - CIVIL LIABILITY FOR ENGAGING IN HUMAN TRAFFICKING (§§ 11-73-1 — 11-73-9) › Section 11-73-3 - Defendant engaging in human trafficking liable to person trafficked for certain damages; limitations applicable to action

(1)
A defendant who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person is liable to the person trafficked, as provided by this chapter, for damages proximately caused by the trafficking of that person by the defendant or venture.
(2)
The occurrence of human trafficking on the property of one not engaged in or benefitting from such human trafficking shall not, in and of itself, subject the property owner to liability under this chapter.
(3)
It is not a defense to liability under this chapter that a defendant has been acquitted or has not been prosecuted or convicted under Section
97-3-54.1
or Section
97-3-54.4
, or has been convicted of a different offense or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this chapter.
(4)
The cause of action created by this section is in addition to any other remedy provided by common law or statute.
(5)
An action under this chapter shall be filed within:
(a)
Three (3) years after the cause of action accrued; or
(b)
Three (3) years after the claimant reaches the age of majority if at the time the cause of action accrued the claimant was a minor.
Added by Laws, 2022, ch. 427, SB 2321,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 73 - CIVIL LIABILITY FOR ENGAGING IN HUMAN TRAFFICKING (§§ 11-73-1 — 11-73-9) › Section 11-73-5 - Remedies

A claimant who prevails in a suit under this chapter may be awarded:
(a)
Compensatory damages;
(b)
Court costs; and
(c)
Reasonable attorneys' fees.
Added by Laws, 2022, ch. 427, SB 2321,§ 3, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 73 - CIVIL LIABILITY FOR ENGAGING IN HUMAN TRAFFICKING (§§ 11-73-1 — 11-73-9) › Section 11-73-7 - Joint liability

A person who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person and who is found liable under this chapter for any amount of damages proximately caused by the trafficking is jointly liable with any other defendant found liable under this chapter for the entire amount of damages proximately caused by the trafficking.
Added by Laws, 2022, ch. 427, SB 2321,§ 4, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 73 - CIVIL LIABILITY FOR ENGAGING IN HUMAN TRAFFICKING (§§ 11-73-1 — 11-73-9) › Section 11-73-9 - Construction of chapter

This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.
Added by Laws, 2022, ch. 427, SB 2321,§ 5, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 77 - CIVIL LIABILITY FOR DISTRIBUTION OF MATERIAL HARMFUL TO MINORS ON THE INTERNET ABSENT AGE VERIFICATION (§§ 11-77-1 — 11-77-7) › Section 11-77-1 - Legislative findings

The Legislature finds that pornography contributes to:
(a)
The hyper sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders;
(b)
An increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior;
(c)
Difficulty in forming or maintaining positive, intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction; and
(d)
A negative impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal.
Added by Laws, 2023, ch. 513, SB 2346,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 77 - CIVIL LIABILITY FOR DISTRIBUTION OF MATERIAL HARMFUL TO MINORS ON THE INTERNET ABSENT AGE VERIFICATION (§§ 11-77-1 — 11-77-7) › Section 11-77-5 - Liability of commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on internet for failure to verify age of individual seeking access to material

(1)
Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
(2)
Any commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.
(3)
(a)
Any commercial entity that is found to have violated this section shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court.
(b)
A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
Added by Laws, 2023, ch. 513, SB 2346,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 77 - CIVIL LIABILITY FOR DISTRIBUTION OF MATERIAL HARMFUL TO MINORS ON THE INTERNET ABSENT AGE VERIFICATION (§§ 11-77-1 — 11-77-7) › Section 11-77-7 - Scope of application

(1)
The provisions of this chapter shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of any news-gathering organizations.
(2)
No internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated the provisions of this chapter for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, storage, access software, or other to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
Added by Laws, 2023, ch. 513, SB 2346,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-1 - Provisions of chapter applicable to all courts

All provisions contained in this chapter, unless restricted by their nature or by express provision to particular courts, shall apply to and govern all courts.
Codes, 1892, § 1810; 1906, § 1987; Hemingway's 1917, § 1647; 1930, § 1526; 1942, § 1687.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-3 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1857, ch. 61, art. 190; 1871, § 756; 1880, § 1599; 1892, § 1738; 1906, § 1915; Hemingway's 1917, § 1575; 1930, § 1527; 1942, § 1688.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-5 - Competency of husband and wife

Husbands and wives may be introduced by each other as witnesses in all cases, civil or criminal, and shall be competent witnesses in their own behalf, as against each other, in all controversies between them. Either spouse is a competent witness and may be compelled to testify against the other in any criminal prosecution of either husband or wife for a criminal act against any child, for contributing to the neglect or delinquency of a child, or desertion or nonsupport of children under the age of sixteen (16) years, or abandonment of children. But in all other instances where either of them is a party litigant the other shall not be competent as a witness and shall not be required to answer interrogatories or to make discovery of any matters involved in any such other instances without the consent of both.
Codes, 1857, ch. 61, art. 193; 1871, §§ 759, 760; 1880, § 1601; 1892, § 1739; 1906, § 1916; Hemingway's 1917, § 1576; 1930, § 1528; 1942, § 1689; Laws, 1928, ch. 35; Laws, 1954, ch. 236; Laws, 1978, ch. 395, § 1, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-7 - and 13-1-9 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-1-7. [Codes, 1857, ch. 61, art. 190; 1871, § 758; 1880, § 1602; 1892, § 1740; 1906, § 1917; Hemingway's 1917, § 1577; 1930, § 1529; 1942, § 1690; Laws, 1896, p. 107] § 13-1-9. [Codes, 1880, § 1603; 1892, § 1741; 1906, § 1918; Hemingway's 1917, § 1578; 1930, § 1530; 1942, § 1691; Laws, 1882, p. 109]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-11 - Conviction, except for perjury or subornation of perjury, as no disqualification

A conviction of a person for any offense, except perjury or subornation of perjury, shall not disqualify such person as a witness, but such conviction may be given in evidence to impeach his credibility. A person convicted of perjury or subornation of perjury shall not afterwards be a competent witness in any case, although pardoned or punished for the same.
Codes, Hutchinson's 1848, ch. 64, art. 12, title 8 (18); 1857, ch. 61, art. 191; 1871, § 779; 1880, § 1600; 1892, § 1743; 1906, § 1920; Hemingway's 1917, § 1580; 1930, § 1531; 1942, § 1692.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-13 - Witness may be examined touching interest or convictions

Any witness may be examined touching his interest in the cause or his conviction of any crime, and his answers may be contradicted, and his interest or his conviction of a crime established by other evidence. A witness shall not be excused from answering any material and relevant question, unless the answer would expose him to criminal prosecution or penalty.
Codes, 1857, ch. 61, art. 208; 1871, § 778; 1880, § 1607; 1892, § 1746; 1906, § 1923; Hemingway's 1917, § 1583; 1930, § 1532; 1942, § 1693.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-15 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1880, § 1604; 1892, § 1742; 1906, § 1919; Hemingway's 1917, § 1579; 1930, § 1533; 1942, § 1694.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-16 - [Repealed]

Repealed by Laws of 1984, ch. 414, § 9, eff.7/1/1984.
Laws, 1972, ch. 338, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-17 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, Hutchinson's 1848, ch. 60, art. 1 (112); 1857, ch. 61, art. 206; 1871, § 776; 1880, § 1605; 1892, § 1744; 1906, § 1921; Hemingway's 1917, § 1581; 1930, § 1534; 1942, § 1695.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-19 - Witness to be committed for refusal to testify

If any person subpoenaed as a witness in any case or matter, shall refuse to be sworn or affirmed, or to give evidence, he shall be committed to prison by the court, justice, master, commissioner, referee, or other person authorized to take his testimony, there to remain without bail until he shall be sworn or affirmed or shall give his evidence.
Codes, Hutchinson's 1848, ch. 60, art. 1 (108); 1857, ch. 61, art. 207; 1871, § 777; 1880, § 1606; 1892, § 1745; 1906, § 1922; Hemingway's 1917, § 1582; 1930, § 1535; 1942, § 1696.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-21.1 - Medical privilege considered waived by and between defendants in medical malpractice suits involving multiple defendants

In any medical malpractice action with multiple defendants, the medical privilege shall be considered waived by and between all defendants.
Laws, 2004, 1st Ex Sess, ch. 1, § 17, eff. 1/1/2007.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-22 - Confidentiality of priest-penitent communications

(1)
As used in this section:
(a)
A "clergyman" is a minister, priest, rabbi, or other similar functionary of a church, religious organization, or religious denomination.
(b)
A communication is "confidential" if made privately and not intended for further disclosure except in furtherance of the purpose of the communication.
(2)
A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser.
(3)
The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The clergyman shall claim the privilege on behalf of the person unless the privilege is waived.
(4)
A clergyman's secretary, stenographer or clerk shall not be examined without the consent of the clergyman concerning any fact, the knowledge of which was acquired in such capacity.
Laws, 1976, ch. 453, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-22.1 - Certain communications made to certified peer support member by emergency responder to be privileged; definitions; exception to privilege; penalties

(1)
As used in this section, unless the context clearly indicates otherwise:
(a)
"Certified peer support member" means a law enforcement officer, fireman or emergency medical technician of an emergency service agency or entity who has received training in critical incident stress management and who is certified as a peer support member by the State Board of Health or the Department of Public Safety to provide emotional and moral support to an emergency responder who needs those services as a result of job-related stress or an incident in which the emergency responder was involved while acting in his official capacity.
(b)
"Peer support event" means any debriefing, defusing or counseling session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs those services as a result of job-related stress or an incident in which the emergency responder was involved while acting in his official capacity.
(2)
A certified peer support member shall not be compelled, without the consent of the emergency responder making the communication, to testify or in any way disclose the contents of any communication made to the certified peer support member by the emergency responder while engaged in a peer support event. This privilege only applies when the communication was made to the certified peer support member during the course of an actual peer support event.
(3)
The privilege shall not apply if:
(a)
The certified peer support member was an initial emergency service responder, a witness or a party to the incident that prompted the providing of the peer support event to the emergency responder;
(b)
A communication reveals the intended commission of a crime or harmful act and such disclosure is determined to be necessary by the certified peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety; or
(c)
A crime has been committed and divulged.
(4)
Any certified peer support member who reveals the contents of a privileged communication, or any person who threatens, intimidates, or in any way attempts to compel a certified peer support member to disclose the contents of a privileged communication, shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
Laws, 2006, ch. 440, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-23 - Presumption of death

(1)
Except as otherwise provided in subsection (2) of this section, a person who shall remain beyond the sea, or absent himself or herself from this state, or conceal himself or herself in this state, for seven (7) years successively without being heard of, shall be presumed to be dead in any case where the person's death shall come in question, unless proof be made that the person was alive within that time. Any property or estate recovered in any such case shall be restored to the person evicted or deprived thereof, if, in a subsequent action, it shall be proved that the person so presumed to be dead is living.
(2)
(a)
This subsection shall be known and may be cited as the "Zeb Hughes Law."
(b)
A person who has undergone a catastrophic event that exposed the person to imminent peril or danger reasonably expected to result in loss of life and whose absence following the event is not explained satisfactorily after diligent search or inquiry is presumed to be dead if the sworn testimony of persons having firsthand knowledge of the event, including law enforcement officers, first responders, search and rescue personnel and volunteers, eyewitnesses and any other persons, along with any other evidence before the court, is uncontradicted and supports a determination that the death of the missing person occurred in the catastrophic event. The death is presumed to have occurred at the time of the catastrophic event.
(c)
The hearing to review evidence of the catastrophic event shall be held no less than two (2) years after the catastrophic event. Loss of life shall be proven by clear and convincing evidence. A notice of the hearing shall be provided to the coroner, the district attorney and the sheriff of the county in which the catastrophic event occurred within thirty (30) days of the date set for the hearing in accordance with the Mississippi Rules of Civil Procedure.
Codes, 1857, ch. 61, art. 252; 1871, § 882; 1880, § 1648; 1892, § 1737; 1906, § 1914; Hemingway's 1917, § 1574; 1930, § 1537; 1942, § 1698.
Amended by Laws, 2024, ch. 441, HB 1068,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-25 - Presumptions as to status of military and naval personnel or federal civilian employees

(1)
A written finding of presumed death, made by any officer or employee of the United States authorized to make such finding, pursuant to federal law (
5 USC §§ 5561-5568
;
37 USC §§ 551-558
), as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office or other place in this state as prima facie evidence of the death of the person therein found to be dead, and the date, circumstances and place of his disappearance.
(2)
An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized by the laws referred to in subsection (1) of this section or by any other law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, as the case may be.
(3)
For the purposes of subsections (1) and (2) of this section any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said subsections shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
Codes, 1942, § 1698-01; Laws, 1946, ch. 353 §§ 1-3.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-77 - State custodian of books authorized to certify copies; admissibility of copies

All public officers in this state having the charge or custody of any public books, records, papers, or writings, are authorized to certify copies of the same.
Codes, 1857, ch. 61, art. 235; 1871, § 814; 1880, § 1632; 1892, § 1791; 1906, § 1968; Hemingway's 1917, § 1628; 1930, § 1564; 1942, § 1725; Laws, 1991, ch. 573, § 88, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-79 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1857, ch. 61, art. 230; 1871, § 809; 1880, § 1624; 1892, § 1783; 1906, § 1960; Hemingway's 1917, § 1620; 1930, § 1583; 1942, § 1745.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-81 - Presumptions attending certificates, attestation, etc

Any certificate, attestation, or authentication, purporting to have been made or given by any person as an officer of any state or of the United States, shall be prima facie evidence of the official character of such person.
Codes, 1880, § 1629; 1892, § 1796; 1906, § 1973; Hemingway's 1917, § 1633; 1930, § 1565; 1942, § 1726.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-83 - through 13-1-117 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-1-83. [Codes, 1880, § 1628; 1892, § 1795; 1906, § 1972; Hemingway's 1917, § 1632; 1930, § 1566; 1942, § 1727] § 13-1-85. [Codes, 1942, § 4065.7-04; Laws, 1966, ch. 554, § 4] § 13-1-87. [Codes, 1857, ch. 61, art. 307; 1880, § 1787; 1892, § 1788; 1906, § 1965; Hemingway's 1917, § 1625; 1930, § 1567; 1942, § 1728] § 13-1-89. [Codes, 1880, § 1749; 1892, § 1792; 1906, § 1969; Hemingway's 1917, § 1629; 1930, § 1568; 1942, § 1729; Laws, 1896, ch. 101] § 13-1-91. [Codes, 1880, § 2211; 1892, § 1780; 1906, § 1957; Hemingway's 1917, § 1617; 1930, § 1569; 1942, § 1730] § 13-1-93. [Codes, 1857, ch. 8, art. 3; 1880, § 2388; 1892, § 1790; 1906, § 1967; Hemingway's 1917, § 1627; 1930, § 1570; 1942, § 1731] § 13-1-95. [Codes, 1892, § 1807; 1906, § 1984; Hemingway's 1917, § 1644; 1930, § 1571; 1942, § 1732] § 13-1-97. [Codes, Hutchinson's 1848, ch. 60, art. 11 (1); 1857, ch. 61, art. 228; 1871, § 807; 1880, § 1622; 1892, § 1779; 1906, § 1956; Hemingway's 1917, § 1616; 1930, § 1572; 1942, § 1733; Laws, 1896, chs. 101, 102] § 13-1-99. [Codes, 1857, ch. 61, art. 228; 1871, § 807; 1880, § 1622; 1892, § 1778; 1906, § 1955; Hemingway's 1917, § 1615; 1930, § 1584; 1942, § 1746] § 13-1-101. [Codes, Hutchinson's 1848, ch. 60, art. 2; 1857, ch. 61, art. 227; 1871, § 806; 1880, § 1621; 1892, § 1777; 1906, § 1954; Hemingway's 1917, § 1614; 1930, § 1585; 1942, § 1747] § 13-1-103. [Codes, Hutchinson's 1848, ch. 34, art. 1 (7); 1857, ch. 40, art 7; 1871, § 1761; 1880, § 1149; 1892, § 1789; 1906, § 1966; Hemingway's 1917, § 1626; 1930, § 1573; 1942, § 1734] § 13-1-105. [Codes, 1857, ch. 60, art. 48; 1871, § 1104; 1880, § 1975; 1892, § 1781; 1906, § 1958; Hemingway's 1917, § 1618; 1930, § 1574; 1942, § 1735] § 13-1-107. [Codes, 1857, ch. 61, art. 231; 1871, § 810; 1880, § 1625; 1892, § 1784; 1906, § 1961; Hemingway's 1917, § 1621; 1930, § 1575; 1942, § 1736] § 13-1-109. [Codes, Hutchinson's 1848, ch. 60, art. 4 (1); 1857, ch. 61, art. 232; 1871, § 811; 1880, § 1626; 1892, § 1785; 1906, § 1962; Hemingway's 1917, § 1622; 1930, § 1576; 1942, § 1737] § 13-1-111. [Codes, 1942, § 1749; Laws, 1936, ch. 253] § 13-1-113. [Codes, 1892, § 1786; 1906, § 1963; Hemingway's 1917, § 1623; 1930, § 1577; 1942, § 1738] § 13-1-114. [Laws, 1979, ch. 389; Am 1986, ch. 359] § 13-1-115. [Codes, 1871, § 1700; 1880, § 526; 1892, § 1806; 1906, § 1983; Hemingway's 1917, § 1643; 1930, § 1578; 1942, §§ 1739, 1740] § 13-1-117. [Codes, 1857, ch. 60, art. 131; 1871, § 1189; 1880, § 2091; 1892, § 1787; 1906, § 1964; Hemingway's 1917, § 1624; 1930, § 1586; 1942, § 1748]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-119 - [Repealed]

Repealed by Laws of 1989, ch. 465, § 1, eff.7/1/1989.
Codes, 1880, § 1059; 1892, § 1808; 1906, § 1985; Hemingway's 1917, § 1645; 1930, § 1580; 1942, § 1741; Laws 1912, ch. 215.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-121 - Injury to livestock in transit as prima facie evidence of carrier's want of skill

In all actions against common carriers for injury or damage done to livestock while in transit, proof that the injury inflicted or damage done was inflicted or done to the livestock while in transit, shall be prima facie evidence of the want of reasonable skill and care on the part of the common carrier, their agents and employees in handling the shipment of livestock so injured or damaged.
Codes, Hemingway's 1921 Supp., § 1647a; 1930, § 1581; 1942, § 1743; Laws, 1920, ch. 241.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-123 - Injury to persons or property from operation of motor vehicle as making out prima facie case

In any action brought to recover any damages, either to person or property, caused by running or operating a motor vehicle in violation of any of the provisions of Chapters 3 and 5 of Title 63 of the Mississippi Code of 1972, the plaintiff or plaintiffs shall be deemed to have made out a prima facie case by showing the fact of such injury, and that such person or persons operating, or causing to be run or operated, such motor vehicle, was at the time of the injury running or operating, or causing the said motor vehicle to be run or operated in a manner contrary to the provisions of Chapters 3 and 5 of Title 63 of the Mississippi Code of 1972.
Codes, Hemingway's 1917, § 5785; 1930, § 5588; 1942, § 1742; Laws, 1916, ch. 116.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-124 - through 13-1-129 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-1-124. [Laws, 1981, ch. 361, § 1] § 13-1-125. [Codes, 1857, ch. 61, art. 233; 1871, § 812; 1880, § 1630; 1892, § 1793; 1906, § 1970; Hemingway's 1917, § 1630; 1930, § 1593; 1942, § 1756] § 13-1-127. [Codes, 1857, ch. 61, art. 234; 1871, § 813; 1880, § 1631; 1892, § 1794; 1906, § 1971; Hemingway's 1917, § 1631; 1930, § 1594; 1942, § 1757] § 13-1-129. [Codes, Hutchinson's 1848, ch. 60, art. 9; 1857, ch. 61, art. 240; 1871, § 816; 1880, § 1636; 1892, § 1802; 1906, § 1979; Hemingway's 1917, § 1639; 1930, § 1592; 1942, § 1755]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-131 - Land-office certificates

All certificates issued in pursuance of any act of Congress by any board of commissioners, register of any land office, or any other person authorized to issue such certificate, founded on any warrant, order of survey, entry, grant, confirmation, donation, preemption, or purchase from the United States of any land in this state, shall vest the full legal title to such land in the person to whom such certificate is granted, his heirs or assigns, so far as to enable the holder thereof to maintain an action thereon.
Codes, Hutchinson's 1848, ch. 60, art. 11 (2); 1857, ch. 61, art. 229; 1871, § 808; 1880, § 1623; 1892, § 1782; 1906, § 1959; Hemingway's 1917, § 1619; 1930, § 1582; 1942, § 1744; Laws, 1991, ch. 573, § 89, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-133 - through 13-1-147 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-1-133. [Codes, 1857, ch. 61, art. 238; 1871, § 684; 1880, § 1634; 1892, § 1798; 1906, § 1975; Hemingway's 1917, § 1635; 1930, § 1588; 1942, § 1751] § 13-1-135. [Codes, 1857, ch. 61, art. 239; 1871, § 685; 1880, § 1635; 1892, § 1799; 1906, § 1976; Hemingway's 1917, § 1636; 1930, § 1589; 1942, § 1752] § 13-1-137. [Codes, 1892, § 1800; 1906, § 1977; Hemingway's 1917, § 1637; 1930, § 1590; 1942, § 1753] § 13-1-139. [Codes, 1857, ch. 61, art. 237; 1871, § 683; 1880, § 1633; 1892, § 1797; 1906, § 1974, § 1974; Hemingway's 1917, § 1634; 1930, § 1587; 1942, § 1750] § 13-1-141. [Codes, 1871, § 782; 1880, § 1627; 1892, § 1801; 1906, § 1978; Hemingway's 1917, § 1638; 1930, § 1591; 1942, § 1754] § 13-1-143. [Codes, Hutchinson's 1848, ch. 60, art. 7; 1857, ch. 61, art. 241; 1871, § 819; 1880, § 1637; 1892, § 1803; 1906, § 1980; Hemingway's 1917, § 1640; 1930, § 1595; 1942, § 1758] § 13-1-145. [Codes, 1880, § 1639; 1892, § 1804; 1906, § 1981; Hemingway's 1917, § 1641; 1930, § 1596; 1942, § 1759] § 13-1-147. [Codes, Hutchinson's 1848, ch. 61, art. 1 (79); 1857, ch. 61, art. 224; 1871, § 688; 1880, § 2297; 1892, § 1809; 1906, § 1986; Hemingway's 1917, § 1646; 1930, § 1597; 1942, § 1760]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-149 - Courts to take notice of law of United States, other states, territories and foreign countries

When any question shall arise as to the law of the United States, or of any other state or territory of the United States, or of the District of Columbia, or of any foreign country, the court shall take notice of such law in the same manner as if the question arose under the law of this state.
Codes, Hutchinson's 1848, ch. 60, art. 10; 1857, ch. 61, art. 226; 1871, § 805; 1880, § 2296; 1892, § 939; 1906, § 1015; Hemingway's 1917, § 735; 1930, § 1598; 1942, § 1761.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-151 - Reproduction of business records; disposal of originals

Any business may cause any or all records kept by such business in the regular course of its operation to be recorded, copied or reproduced by any photographic, photostatic or miniature photographic process which correctly, accurately and permanently copies, reproduces or forms a medium for copying or reproducing the original record on a film or other durable material, and such business may thereafter dispose of the original record, provided that every original record pertaining to any claim, tax or report due the State of Mississippi or any of its agencies shall be preserved for five (5) years from the thirty-first day of December of the year in which such claim arose, or such tax or report was due.
Codes, 1942, § 1761.5; Laws, 1964, ch. 488, §§ 1-5; Laws, 1991, ch. 573, § 90, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-153 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1942, § 1761.7; Laws, 1966, ch. 525, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › IN GENERAL (§§ 13-1-1 — 13-1-155) › Section 13-1-155 - Destruction or other disposal of exhibits following final determination of civil actions

After not less than ninety (90) days after the final determination or disposition of any civil action, or if an appeal shall have been taken, then after not less than ninety (90) days after receiving a certificate of the final disposition of the action, the clerk of the court in which the action was filed or tried shall destroy, return or otherwise dispose of all exhibits which were filed in the action. Provided, however, that no exhibit shall be destroyed, returned or otherwise disposed of until after the expiration of the time within which a bill of review may be filed in applicable cases as provided in Section
11-5-121
, Mississippi Code of 1972. The clerk shall notify the attorneys for all parties to the action and the owner or person having custody of the property prior to the court action before the expiration of the ninety (90) day period that the exhibits may be claimed.
Laws, 1976, ch. 344, eff. 4/14/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › DISCOVERY PROCEEDINGS (§§ 13-1-201 — 13-1-245) › Section 13-1-201 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Laws, 1975, ch. 501, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › DISCOVERY PROCEEDINGS (§§ 13-1-201 — 13-1-245) › Section 13-1-226 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Laws, 1975, ch. 501, § 2.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › DISCOVERY PROCEEDINGS (§§ 13-1-201 — 13-1-245) › Section 13-1-228 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Laws, 1975, ch. 501, § 4.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › DISCOVERY PROCEEDINGS (§§ 13-1-201 — 13-1-245) › Section 13-1-229 - Stipulations regarding discovery procedure

Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by Sections
13-1-201
,
13-1-226
through
13-1-237
,
13-1-241
, and
13-1-243
, for other methods of discovery, except that stipulations extending the time provided in Sections
13-1-233
,
13-1-234
and
13-1-236
for responses to discovery may be made only with the approval of the court.
Laws, 1975, ch. 501, § 5, eff. 1/1/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › DISCOVERY PROCEEDINGS (§§ 13-1-201 — 13-1-245) › Section 13-1-230 - through 13-1-243 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EXAMINATION OF JUDGMENT DEBTOR BY JUDGMENT CREDITOR (§§ 13-1-261 — 13-1-271) › Section 13-1-261 - Judgment creditor's right to examination of judgment debtor

(1)
To aid in the satisfaction of a judgment of more than One Hundred Dollars ($100.00), the judgment creditor may examine the judgment debtor, his books, papers or documents, upon any matter relating to his property as provided in Sections
13-1-261
through
13-1-271
; except that no single judgment creditor may cause a judgment debtor to submit to examination under this section more than once in a period of six (6) months.
(2)
In addition to the method of examination prescribed in subsection (1), the judgment creditor may, in the alternative, utilize the discovery procedures set forth in the Mississippi Rules of Civil Procedure for the purpose of examining the judgment debtor.
Laws, 1976, ch. 381, § 1; Laws, 1977, ch. 407; Laws, 1991, ch. 573, § 91, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EXAMINATION OF JUDGMENT DEBTOR BY JUDGMENT CREDITOR (§§ 13-1-261 — 13-1-271) › Section 13-1-263 - Venue for filing motion for examination and for conducting examination

(1)
Except as provided in subsection (2) of this section, the written motion for the examination of a judgment debtor shall be filed, and the proceedings conducted, in the court which rendered the judgment.
(2)
If the judgment debtor is an individual who is domiciled in the state but not in the county where the judgment was rendered, or who has changed his domicile to another county after the institution of the suit, the written motion for his examination shall be filed, and the examination conducted, in a court of competent jurisdiction in the county of his then domicile. If the judgment debtor is a nonresident, the petition for his examination shall be filed, and the examination conducted, in a court of competent jurisdiction in any county where he may be found. In any case mentioned in this paragraph, a certified copy of the judgment shall be attached to the written motion for examination.
Laws, 1976, ch. 381, § 2, eff. 4/26/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EXAMINATION OF JUDGMENT DEBTOR BY JUDGMENT CREDITOR (§§ 13-1-261 — 13-1-271) › Section 13-1-265 - Order to appear for examination; effect of satisfaction of judgment

On ex parte written motion of the judgment creditor, personally or through his attorney, the court shall order the judgment debtor to appear in court for examination at a time fixed by the court, not less than five (5) days from the date of service on him of the motion and order, and to produce any books, papers, and other documents relating to his property described in the motion; provided, however, that satisfaction of the judgment shall discharge the judgment debtor from his responsibility to appear for the examination as ordered by the court.
Laws, 1976, ch. 381, § 3, eff. 4/26/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EXAMINATION OF JUDGMENT DEBTOR BY JUDGMENT CREDITOR (§§ 13-1-261 — 13-1-271) › Section 13-1-267 - Swearing of judgment debtor; use of testimony of judgment debtor in criminal proceeding

(1)
The debtor shall be sworn to tell the truth in the same manner as a witness in a civil action.
(2)
No testimony given by a debtor shall be used in any criminal proceeding against him, except for perjury committed at such examination.
Laws, 1976, ch. 381, § 4, eff. 4/26/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EXAMINATION OF JUDGMENT DEBTOR BY JUDGMENT CREDITOR (§§ 13-1-261 — 13-1-271) › Section 13-1-269 - Court costs

Court costs in connection with the examination shall be taxed against the judgment debtor, except that if the court determines that the creditor invoked the remedy needlessly, the court may tax the costs against the creditor.
Laws, 1976, ch. 381, § 5, eff. 4/26/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EXAMINATION OF JUDGMENT DEBTOR BY JUDGMENT CREDITOR (§§ 13-1-261 — 13-1-271) › Section 13-1-271 - Contempt

If the motion and order have been served personally on the judgment debtor, and he refuses to appear for the examination or to produce his books, papers, or other documents when ordered to do so, or if he refuses to answer any question held pertinent by the court, he may be punished for contempt.
Laws, 1976, ch. 381, § 6, eff. 4/26/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-301 - Definitions

As used in Sections
13-1-301
through
13-1-315
the following terms shall have the definition ascribed to them herein unless the context requires otherwise:
(a)
"Deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken to in a normal conversational tone. The term further includes, but is not limited to, a person who is mute and a person who is both deaf and mute.
(b)
"Qualified interpreter" means an interpreter certified by the national registry of interpreters for the deaf, Mississippi Registry of Interpreters for the Deaf or, in the event a qualified interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter qualified with a legal skills certificate or a comprehensive skills certificate will be made prior to accepting services of an interpreter with lesser certification. No qualified interpreter may be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to interpret accurately the statements of the deaf person and interpret the proceedings in which a deaf person may be involved.
(c)
"Oral interpreter" means a person who interprets language through facial and lip movements only and who does not use manual communication. An oral interpreter shall be provided upon the request of a deaf person who does not communicate in sign language. The right of a deaf person to have an interpreter may not be waived except by a deaf person who does not use sign language and who initiates such request for waiver in writing. Such waiver is subject to approval of counsel of such deaf person, if existent, and is subject to approval of the appointing authority.
Laws, 1984, ch. 414, § 1, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-303 - Appointment of interpreter; court proceedings; policy custody; statements of deaf person as evidence

(1)
In any case in law or equity before any court or the grand jury, wherein any deaf person is a party to such action, either as a defendant or witness, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and interpret his testimony or statements and to assist in preparation with counsel.
(2)
Whenever any deaf person is a party in interest, either as a defendant or witness at a proceeding before any department, board, commission, agency or licensing authority of the state or any political subdivision of the state, the department, board, commissioner, agency or licensing authority conducting the proceedings shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret any testimony he may give.
(3)
In the event that a deaf person has been detained in police custody or has been arrested for any alleged violation of a criminal law, a qualified interpreter or, upon request, an oral interpreter shall be provided by the arresting officer and his superiors prior to any interrogation or taking of a statement from the person.
(4)
In the event any interrogation statements in writing are made to the arresting officer by the deaf person with the qualified interpreter present, such interrogation and answers thereto shall be preserved and turned over to the court in the event such person is tried for the alleged offense.
(5)
Any statement made by a deaf person to a law enforcement officer may be used as evidence against that person only if the statement was made, offered or elicited in the presence of a qualified interpreter of the deaf sign language. No statements taken from such deaf person prior to the presence of a qualified interpreter may be admissible in court.
Laws, 1984, ch. 414, § 2, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-305 - Hearing to determine need for interpreter; notification of need

If the judge, or any other person charged under the provisions of Sections
13-1-301
through
13-1-315
with providing an interpreter, believes that a person claiming to be entitled to an interpreter may not actually be deaf or hearing impaired, unable to communicate verbally because of his hearing disability, or otherwise not entitled to such services, the judge may, on good cause shown, hold a hearing to determine the extent of the person's handicap or disability and the bona fide need for interpreting services. If it is determined that the person is not entitled to such services, an interpreter shall not be provided. Except in a preliminary hearing in a criminal case, every deaf person whose appearance before a proceeding entitles him to an interpreter shall notify the appointing authority of his disability not less than five (5) days prior to any appearance and shall request at such time the services of an interpreter. When a deaf person reasonably expects to need an interpreter for more than a single day, he shall so notify the appointing authority, and such notification shall be sufficient for the duration of his participation in the proceedings. When a deaf person receives notification of an appearance less than five (5) days before such appearance, he shall provide his notification and request for an interpreter as soon thereafter as practicable.
Laws, 1984, ch. 414, § 3, eff. 7/1/1984.