TITLE 11 - CIVIL PRACTICE AND PROCEDURE
- Chapter 1 - Practice and Procedure Provisions Common to Courts.
- 11-1-1 - Before whom oaths may be taken.
- 11-1-11 - through 11-1-15. Repealed.
- 11-1-16 - Proceedings in vacation; jurisdiction and authority of judge.
- 11-1-17 - Time for rendition of final decree; right of appeal where decree not entered within required time.
- 11-1-18 - Bench trials allowed in certain cases where parties agree.
- 11-1-19 - Repealed.
- 11-1-21 - Excess remitted.
- 11-1-23 - Court or judge may require new security.
- 11-1-25 - Certain bonds not affected by irregularity.
- 11-1-27 - Bonds payable to the state in certain cases.
- 11-1-29 - Proceedings on death of surety on bonds, etc.
- 11-1-3 - Oath of an agent or attorney sufficient in all cases.
- 11-1-31 - Death of parties on bonds having force of judgment.
- 11-1-33 - Death of parties on bonds having force of judgment; citation in anticipation of judgment.
- 11-1-35 - Death of parties on bonds having force of judgment; when citation issued and returnable.
- 11-1-37 - Certification of transferred causes.
- 11-1-39 - Proceedings in transferred causes.
- 11-1-41 - Costs in transferred causes.
- 11-1-43 - Seizure of perishable commodities by legal process.
- 11-1-45 - Seizure of perishable commodities by legal process; declaration or bill.
- 11-1-47 - Seizure of perishable commodities by legal process; possessor presumed to be owner.
- 11-1-49 - Seizure of perishable commodities by legal process; process as to nonresident owners.
- 11-1-5 - All papers relating to a cause filed together.
- 11-1-51 - Copy of books, papers, or documents furnished; issuance and service of subpoenas duces tecum.
- 11-1-52 - Limitations on charges permitted for photocopying patients' records by medical provider; physicians to make reasonable charges for depositions; limitations on charges permitted for execution
- 11-1-53 - Harrison County; commencement of civil actions, change of venue and transfer of cases between districts.
- 11-1-54 - Assessment for filing frivolous claims.
- 11-1-55 - Authority to impose condition of additur or remittitur.
- 11-1-56 - Responsive pleading to precede assignment to a judge.
- 11-1-57 - Additional provisions applicable to all courts.
- 11-1-58 - Certificate of consultation required in medical malpractice actions; exceptions.
- 11-1-59 - Damages in medical malpractice actions.
- 11-1-6 - and 11-1-7. Repealed.
- 11-1-60 - Limitation on noneconomic damages in medical malpractice actions; definitions.
- 11-1-61 - Expert witness in action against physician.
- 11-1-62 - Protection of medical professionals who prescribe FDA approved drugs.
- 11-1-63 - Product liability actions; conditions for liability; what constitutes a defective product.
- 11-1-64 - Repealed.
- 11-1-65 - Punitive damages; limitations.
- 11-1-66 - Immunity of premise owners from civil liability in certain circumstances.
- 11-1-67 - Authority to sue traders in firearms reserved to state.
- 11-1-69 - Prohibition of hedonic damages in civil actions.
- 11-1-71 - Immunity of medical personnel who provide volunteer service in school programs.
- 11-1-8 - Advertising by attorneys not admitted to practice in Mississippi prohibited.
- 11-1-9 - Continuance of action or proceeding where counsel is legislator.
- Chapter 3 - Practice and Procedure in Supreme Court.
- 11-3-1 - Repealed.
- 11-3-11 - Voluntary dismissal of appeal.
- 11-3-13 - Repealed.
- 11-3-15 - Effect of dismissal.
- 11-3-17 - and 11-3-19. Repealed.
- 11-3-21 - Motion to discharge supersedeas in certain cases.
- 11-3-23 - and 11-3-25. Repealed.
- 11-3-27 - Judgment on bond for supersedeas.
- 11-3-29 - Repealed.
- 11-3-3 - Appeals in some cases returnable at any time.
- 11-3-31 - Judgment certified to be enforced.
- 11-3-33 - Bond may be excepted to.
- 11-3-35 - Judgment not to be reversed for certain errors.
- 11-3-37 - Appellant not entitled to reversal for error as to another.
- 11-3-39 - Judgments affirmed in part and reversed in part.
- 11-3-41 - Final judgment to be certified to court below; collection of court costs.
- 11-3-43 - Copy of opinion certified to court below; costs in event of successful appeal.
- 11-3-45 - Repealed.
- 11-3-5 - Appeal not to fail for certain irregularities.
- 11-3-7 - Cases heard at return term; judgment.
- 11-3-9 - No reversal or annulment for want of jurisdiction.
- Chapter 5 - Practice and Procedure in Chancery Courts.
- 11-5-1 - Venue of suits.
- 11-5-101 - Person making sale not to purchase.
- 11-5-103 - Report of sale of land.
- 11-5-105 - On death of executor, or other person authorized, who shall sell or convey.
- 11-5-107 - Sales, leases, partitions, may be reported and confirmed in vacation; proceedings.
- 11-5-109 - Bond to prevent confirmation.
- 11-5-111 - Decree for balance after sale of property.
- 11-5-113 - Provisions applicable to all sales made by order or decree of the court.
- 11-5-115 - Rights of infants saved.
- 11-5-117 - Private sales authorized.
- 11-5-119 - and 11-5-121. Repealed.
- 11-5-123 - New bond required when security insufficient in certain cases.
- 11-5-151 - Receivers may be appointed or removed in vacation.
- 11-5-153 - Receiver not appointed without notice.
- 11-5-155 - Complainant to give bond before receiver appointed without notice.
- 11-5-157 - Bond in lieu of receiver.
- 11-5-159 - Bond of receiver.
- 11-5-161 - Receivers subject to orders of court, and may apply therefor in vacation.
- 11-5-163 - Receiver of estate of decedent, minor.
- 11-5-165 - Receiver of money paid into court.
- 11-5-167 - Compensation of receiver.
- 11-5-3 - Issue may be tried by a jury.
- 11-5-31 - Before whom answers of nonresidents may be sworn.
- 11-5-33 - through 11-5-47. Repealed.
- 11-5-49 - Answer not required in certain cases.
- 11-5-5 - Change of venue in jury cases allowed.
- 11-5-51 - Answer or demurrer may be filed where answer not required.
- 11-5-53 - through 11-5-73. Repealed.
- 11-5-7 - through 11-5-29. Repealed.
- 11-5-75 - Creditors may attack fraudulent conveyances.
- 11-5-77 - Repealed.
- 11-5-79 - Decree to operate as judgment of circuit court.
- 11-5-81 - Fieri facias or garnishment on decrees for money.
- 11-5-83 - Sheriff to execute decrees; clerk to issue process.
- 11-5-85 - Decree to operate as a conveyance.
- 11-5-87 - and 11-5-89. Repealed.
- 11-5-91 - Reopening of judgment rendered on publication only.
- 11-5-93 - Sales of realty under decrees.
- 11-5-95 - Court may fix terms of sale.
- 11-5-97 - Lien on land sold on credit.
- 11-5-99 - Hour and adjournment of sales.
- Chapter 7 - Practice and Procedure in Circuit Courts.
- 11-7-1 - Provisions applicable to all courts.
- 11-7-107 - How private way may be pleaded.
- 11-7-109 - through 11-7-129. Repealed.
- 11-7-11 - Action for seduction of a child.
- 11-7-12 - Civil penalty recoverable for violation of bad check statute; applicability to electronic transfers of funds.
- 11-7-13 - Actions for injuries producing death.
- 11-7-131 - Cases may be taken under judicial advisement.
- 11-7-133 - Repealed.
- 11-7-135 - Exceptions in trials by court - either party may appeal.
- 11-7-137 - through 11-7-145. Repealed.
- 11-7-147 - Opening statements allowed.
- 11-7-149 - Court officers not to converse with jurors.
- 11-7-15 - Contributory negligence no bar to recovery of damages; jury may reduce damages.
- 11-7-151 - Trial - jury may take evidence to jury room.
- 11-7-153 - Repealed.
- 11-7-155 - Judge not to sum up or comment on testimony or charge jury.
- 11-7-157 - No special form of verdict required.
- 11-7-159 - Verdict may be reformed at the bar if informal or defective.
- 11-7-161 - If verdict not responsive, jury to deliberate further.
- 11-7-163 - No error if verdict omits something.
- 11-7-165 - Award of damages in civil action against person who steals, embezzles, extorts or converts certain property of vulnerable adult; "position of trust" defined.
- 11-7-167 - Repealed.
- 11-7-169 - Judgment - remedial orders.
- 11-7-17 - Questions of negligence and contributory negligence for jury.
- 11-7-171 - Repealed.
- 11-7-173 - Judgment on bonds.
- 11-7-175 - Liability of ships and vessels for causing death or injury.
- 11-7-177 - and 11-7-179. Repealed.
- 11-7-18 - Limitation of remedies or disclaimer of liability as to certain implied warranties prohibited.
- 11-7-181 - Office confession of judgment; how made.
- 11-7-183 - Office confession of judgment; how made final.
- 11-7-185 - Office confession of judgment; void in certain cases.
- 11-7-187 - Judgment on confession as release of errors.
- 11-7-189 - Enrollment of judgments; satisfaction.
- 11-7-19 - No assumption of risk by employee when the master is negligent; exception as to certain employees.
- 11-7-191 - Enrolled judgment as lien.
- 11-7-193 - How priority of lien forfeited.
- 11-7-195 - Judgment not a lien out of county unless enrolled.
- 11-7-197 - Judgment not a lien in county until enrolled.
- 11-7-199 - Growing crop not subject to judgment lien.
- 11-7-20 - Privity unnecessary to maintain actions in negligence, strict liability or breach of warranty.
- 11-7-201 - Revival not necessary for execution.
- 11-7-203 - through 11-7-209. Repealed.
- 11-7-21 - through 11-7-27. Repealed.
- 11-7-211 - Bills of exception may be amended.
- 11-7-213 - and 11-7-215. Repealed.
- 11-7-217 - Executions of fines, penalties, and forfeitures.
- 11-7-219 - Remedy against officers, failing to return fines.
- 11-7-221 - Liability of officers for default as to fines.
- 11-7-29 - Death of one defendant after judgment.
- 11-7-3 - Assignee of chose in action may sue.
- 11-7-301 - Definition.
- 11-7-303 - Filing copy of foreign judgment; enforcement.
- 11-7-305 - Affidavit of filing; notice; execution.
- 11-7-307 - Appeal; stay of execution; security.
- 11-7-309 - Alternative rights of judgment creditor.
- 11-7-31 - through 11-7-39. Repealed.
- 11-7-41 - Defendants may be sued by initials in certain cases.
- 11-7-43 - Averment that partners contracted by a name affixed to a writing is sufficient.
- 11-7-45 - through 11-7-65. Repealed.
- 11-7-5 - Assignee's action not prejudicial by set-off.
- 11-7-67 - Balance of mutual dealings on death of one party.
- 11-7-69 - and 11-7-71. Repealed.
- 11-7-7 - Transfer of chose in action after filing.
- 11-7-73 - Disclaiming title and tendering of amends in action for trespass.
- 11-7-75 - through 11-7-105. Repealed.
- 11-7-9 - Action for seduction of a woman.
- Chapter 9 - Practice and Procedure in County Courts and Justice Courts.
- 11-9-1 - Writs returnable to other courts may be made returnable to county court; acts of justice court judge, clerk, judge, chancellor, or other officer may be done in behalf of county court.
- 11-9-101 - Where suits to be brought.
- 11-9-103 - If two or more defendants, where brought.
- 11-9-105 - How suit begun in civil cases.
- 11-9-107 - Service of process by sheriff or constable.
- 11-9-109 - Person appointed to execute process.
- 11-9-111 - Property and process delivered to office.
- 11-9-113 - Process returned by sheriff or constable.
- 11-9-115 - Witnesses to be subpoenaed.
- 11-9-117 - Form of entry on default of witness.
- 11-9-119 - Form of scire facias for witness.
- 11-9-121 - Form of an attachment for a witness.
- 11-9-123 - Form of entry of judgment in such case.
- 11-9-125 - Setoff filed on return day before trial.
- 11-9-127 - Trial and judgment; execution.
- 11-9-129 - Judgment operates as a lien if enrolled.
- 11-9-131 - Execution not to be issued within ten days.
- 11-9-133 - Form of an execution.
- 11-9-135 - Proceedings in replevin, attachment, liens.
- 11-9-137 - Judgment on merits res adjudicata.
- 11-9-139 - Execution of judgment may be stayed.
- 11-9-141 - Effect of stay.
- 11-9-143 - Trial by jury.
- 11-9-145 - Multiple cases tried by same jury.
- 11-9-147 - Trial by jury; fining of delinquent jurors.
- 11-9-3 - Venue of actions, suits and proceedings.
- Chapter 11 - Venue of Actions.
- 11-11-1 - Provisions of this chapter applicable to all courts.
- 11-11-11 - and 11-11-13. Repealed.
- 11-11-15 - Actions against State Board of Health or State Board of Medical Licensure.
- 11-11-17 - Where court has jurisdiction of subject matter but not venue.
- 11-11-19 - Where brought if judge interested.
- 11-11-3 - County in which to commence civil actions; dismissal of actions more properly heard in another forum; transfer of action to proper county; factors determining grant of motion to dismiss or t
- 11-11-5 - and 11-11-7. Repealed.
- 11-11-51 - Grounds for change of venue, generally.
- 11-11-53 - Transmission of papers.
- 11-11-55 - Receipt of papers and entry of cause.
- 11-11-57 - Venue changed but once.
- 11-11-59 - Applicability of provisions to districts in county.
- 11-11-9 - Actions against executors.
- Chapter 13 - Injunctions.
- 11-13-1 - Evidence of complainant's equity and of truth of allegations required.
- 11-13-11 - Restraint on collection of taxes.
- 11-13-13 - Security required to enjoin collection of taxes.
- 11-13-15 - Procedure for injunction of the collection of taxes.
- 11-13-17 - Dissolution or modification of injunction of tax collection; general powers.
- 11-13-19 - Chancellor may order return of personal property; execution.
- 11-13-21 - Return of personal property; other causes.
- 11-13-23 - through 11-13-29. Repealed.
- 11-13-3 - Security required to stay proceedings at law.
- 11-13-31 - Motion to dissolve injunction; affidavits; evidence.
- 11-13-33 - Injunction bond as judgment.
- 11-13-35 - Damages on dissolution of certain injunctions.
- 11-13-37 - Post-injuction damages.
- 11-13-39 - Effect of dissolution of injunction on bill of complaint.
- 11-13-41 - Victims of stalking and sexual assault exempt from payment of fees related to filing for injunctive relief.
- 11-13-5 - Bond when injunction is not to stay proceedings at law.
- 11-13-7 - Bonds in particular cases.
- 11-13-9 - Bond not required of state, county, municipality.
- Chapter 15 - Arbitration and Award.
- 11-15-1 - Who may submit to arbitration.
- 11-15-101 - Agreements to which arbitration provisions apply.
- 11-15-103 - Agreements to submit controversies to arbitration; refusal of binding arbitration provisions in public contracts.
- 11-15-105 - Application for order to proceed with arbitration; stay; determination of issues.
- 11-15-107 - Initiation of arbitration.
- 11-15-109 - Appointment of arbitrators.
- 11-15-11 - Arbitrators' meetings; procedure.
- 11-15-111 - Powers of arbitrators to be exercised by majority.
- 11-15-113 - Time, place and notice of hearing; procedure for conduct of hearing.
- 11-15-115 - Representation by attorney at proceedings.
- 11-15-117 - Subpoenas for production of evidence and attendance of witnesses; other discovery.
- 11-15-119 - Nature of remedy; form and time of award.
- 11-15-121 - Fees and expenses.
- 11-15-123 - Modification or correction of award by arbitrators.
- 11-15-125 - Confirmation of award by court.
- 11-15-127 - Form and service of application and notice.
- 11-15-129 - Jurisdiction of circuit courts over arbitration.
- 11-15-13 - Swearing of witnesses.
- 11-15-131 - Venue of arbitration applications.
- 11-15-133 - Vacating arbitration award.
- 11-15-135 - Application for modification or correction of award; grounds; joinder with application for vacating award.
- 11-15-137 - Order and judgment on award; enforcement; costs.
- 11-15-139 - Preparation of judgment roll; docketing judgment or decree.
- 11-15-141 - Court actions from which appeal may be taken.
- 11-15-143 - Inapplicability of other arbitration provisions.
- 11-15-15 - Service of process.
- 11-15-17 - Contempt.
- 11-15-19 - Award enforcement process.
- 11-15-21 - Confirmation of award by court.
- 11-15-23 - Vacation of award; grounds.
- 11-15-25 - Correction of award.
- 11-15-27 - Motion to vacate or modify award; when made.
- 11-15-29 - Application to vacate or modify award; new hearing.
- 11-15-3 - Qualifications of arbitrators.
- 11-15-31 - Judgments; when and how rendered.
- 11-15-33 - Costs; how taxed and collected.
- 11-15-35 - Pending suits may be arbitrated.
- 11-15-37 - Construction of chapter.
- 11-15-5 - Arbitrators to appoint time of meeting and notify parties.
- 11-15-7 - Notice to parties; form.
- 11-15-9 - Arbitrators to be sworn.
- Chapter 17 - Suits to Confirm Title or Interest and to Remove Clouds on Title.
- 11-17-1 - Proceedings to confirm tax title.
- 11-17-11 - Confirmation of state land patents; appeals.
- 11-17-13 - Confirmation of state land patents; res judicata.
- 11-17-15 - Confirmation of state land patents; duty of district attorney and county attorney.
- 11-17-17 - Confirmation of state land patents; construction of Sections 11-17-3 through 11-17-17.
- 11-17-19 - Confirmation of title or interests granted by political subdivision.
- 11-17-21 - Proceedings in suit for confirmation of title granted by political subdivision; defaults.
- 11-17-23 - Confirmation of title or interest granted by political subdivision; decree; res judicata.
- 11-17-25 - Confirmation of title or interest granted by political subdivision; appeals.
- 11-17-27 - Confirmation of title or interest granted by political subdivision; applicability of Sections 11-17-19 through 11-17-27.
- 11-17-29 - Any other title may be confirmed.
- 11-17-3 - Confirmation of state land patents.
- 11-17-31 - Removing clouds upon titles.
- 11-17-33 - Receiver appointed for nonresident or unknown owners of mineral interests.
- 11-17-34 - Disposition of mineral lease proceeds held by receiver.
- 11-17-35 - Title of complainant must be deraigned - and decrees, in certain cases, recorded as deeds.
- 11-17-37 - Decrees as to possession, rents, etc.
- 11-17-5 - Confirmation of state land patents; duty of attorney general.
- 11-17-7 - Confirmation of state land patents; powers of court.
- 11-17-9 - Confirmation of state land patents; decree; effect of fraud and failure to pay purchase price.
- Chapter 19 - Ejectment.
- 11-19-1 - In what case the action lies.
- 11-19-101 - Reversioner or remainderman to have appeal.
- 11-19-103 - Judgment as res adjudicata.
- 11-19-105 - Record may be recorded as a deed.
- 11-19-11 - Reversioner or remainderman admitted to defend.
- 11-19-13 - Default of tenant for life not to prejudice.
- 11-19-15 - Declaration.
- 11-19-17 - Repealed.
- 11-19-19 - Answer and defense.
- 11-19-21 - Pleading amended as to description of premises.
- 11-19-23 - Forms of proceedings.
- 11-19-25 - Form of declaration.
- 11-19-27 - through 11-19-51. Repealed.
- 11-19-3 - Power of courts over proceedings.
- 11-19-5 - Who may be made defendants.
- 11-19-53 - Right to discover details of claim or title to premises.
- 11-19-55 - Either party may have a survey made.
- 11-19-57 - Action not abated by death.
- 11-19-59 - through 11-19-79. Repealed.
- 11-19-7 - Repealed.
- 11-19-81 - When title of plaintiff has expired.
- 11-19-83 - Repealed.
- 11-19-85 - Trial of action between cotenants.
- 11-19-87 - When a crop is growing on the land.
- 11-19-89 - Proceedings as to crop upon affirmance of judgment in Supreme Court.
- 11-19-9 - Landlord notified and admitted to defend.
- 11-19-91 - Judgment on the bond in proceedings involving crop.
- 11-19-93 - Exceptions to insufficient bond.
- 11-19-95 - Mesne profits and compensation for improvements.
- 11-19-97 - How improvements estimated and judgment therefor.
- 11-19-99 - How proceeds divided in case of sale.
- Chapter 21 - Partition of Property.
- 11-21-1 - Partition by agreement and by arbitration; partition of homestead property.
- 11-21-11 - Court may order sale in first instance.
- 11-21-13 - Partition without masters; owelty.
- 11-21-15 - Judgment appointing masters.
- 11-21-17 - Oath of special commissioners.
- 11-21-19 - Survey made and division into shares.
- 11-21-21 - Allotment of shares by ballot.
- 11-21-23 - Assignment of shares and owelty.
- 11-21-25 - Report of special commissioners.
- 11-21-27 - Land sold when not capable of division.
- 11-21-29 - Compensation of masters.
- 11-21-3 - Partition by decree of chancery court.
- 11-21-31 - Attorney's fees.
- 11-21-33 - Owelty a lien.
- 11-21-35 - Final judgment and judgment confirming partition.
- 11-21-37 - Recording of judgments.
- 11-21-39 - Lien created by party binding on his share.
- 11-21-41 - Paramount rights not affected.
- 11-21-43 - Party evicted to have partition of residue.
- 11-21-45 - New partition; when.
- 11-21-5 - Parties to proceedings for partition.
- 11-21-7 - Proceedings same as in other cases; when ex parte petitions may be heard.
- 11-21-71 - Partition of personalty.
- 11-21-73 - Partition by county court or justice court.
- 11-21-75 - By whom partition made, if ordered.
- 11-21-77 - Writ to seize property, and proceedings.
- 11-21-79 - Sale; how made when ordered.
- 11-21-81 - Appeal to the circuit court.
- 11-21-9 - Controverted title and all equities disposed of.
- Chapter 23 - Trial of Right of Property.
- 11-23-1 - Proceedings when third person claims subject of action.
- 11-23-11 - Issue to be made up.
- 11-23-13 - Default in making up issue.
- 11-23-15 - Burden of proof on plaintiff; trial of issue.
- 11-23-17 - The judgment.
- 11-23-19 - Laws applicable in case of death.
- 11-23-21 - New bond may be required.
- 11-23-23 - Venue changed in certain cases.
- 11-23-25 - Proceedings in justice's court.
- 11-23-27 - Form of a claimant's affidavit.
- 11-23-29 - Form of a claimant's bond.
- 11-23-3 - Third party proceeding applicable to officers.
- 11-23-5 - Repealed.
- 11-23-7 - Claim to property levied on; how interposed.
- 11-23-9 - Execution stayed for value of property claimed, unless.
- Chapter 25 - Unlawful Entry and Detainer.
- 11-25-1 - In what cases a remedy.
- 11-25-101 - County court; remedy in what cases.
- 11-25-103 - Purchaser of tax lands.
- 11-25-105 - Court - complaint - form.
- 11-25-107 - Warrant.
- 11-25-109 - Execution of warrant.
- 11-25-11 - How warrant directed and executed.
- 11-25-111 - Rent.
- 11-25-113 - Judgment for plaintiff.
- 11-25-115 - Growing crops.
- 11-25-117 - Judgment for defendant.
- 11-25-119 - Judgment not bar.
- 11-25-13 - Witnesses subpoenaed.
- 11-25-15 - Depositions to be taken.
- 11-25-17 - The court.
- 11-25-19 - The trial.
- 11-25-21 - Rent recoverable.
- 11-25-23 - Judgment for plaintiff and writ of possession.
- 11-25-25 - Growing crops.
- 11-25-27 - Judgment for defendant for costs.
- 11-25-29 - Repealed.
- 11-25-3 - Purchaser at sale for taxes.
- 11-25-31 - Judgment not conclusive in another action.
- 11-25-5 - The complaint.
- 11-25-7 - The warrant.
- 11-25-9 - Repealed.
- Chapter 27 - Eminent Domain.
- 11-27-1 - Who may exercise right of eminent domain.
- 11-27-11 - Operation of court.
- 11-27-13 - Separate trials; to injury or to court.
- 11-27-15 - Dismissal; grounds; appeal.
- 11-27-17 - Oath of jurors.
- 11-27-19 - Evidence of value; award and interest.
- 11-27-21 - Damage to remainder; determination.
- 11-27-23 - Verdict.
- 11-27-25 - Judgment.
- 11-27-27 - Transfer of title; payment and deposits previously made.
- 11-27-29 - Appeals.
- 11-27-3 - Court of eminent domain.
- 11-27-31 - Property in more than one county.
- 11-27-33 - Certain takings of property excluded.
- 11-27-35 - Rights-of-way across railroads.
- 11-27-37 - Right of action for expenses.
- 11-27-39 - Surveys; right to enter land; liability for damages.
- 11-27-41 - Takings by hydroelectric power companies.
- 11-27-43 - Erection and maintenance of utility poles and lines; duty of care owed to public.
- 11-27-45 - Power lines across railroads.
- 11-27-47 - Pipelines.
- 11-27-48 - Information from Public Service Commission or Federal Energy Regulatory Commission.
- 11-27-49 - Public schools.
- 11-27-5 - Complaint to condemn; parties; preference.
- 11-27-51 - Proceedings filed before 1972 not affected by chapter.
- 11-27-7 - Filing complaint; lis pendens; time and place of hearing; notice; pleadings.
- 11-27-81 - Who may exercise right of immediate possession.
- 11-27-83 - Institution of proceedings; appraisal of property.
- 11-27-85 - Order granting right to immediate title and immediate entry; deposit.
- 11-27-87 - Effect of insufficiency or excess of deposit.
- 11-27-89 - Compensation of appraiser; right to jury trial.
- 11-27-9 - Repealed.
- 11-27-91 - Special funds and accounts of highway commission.
- Chapter 29 - Sequestration.
- Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors.
- 11-31-1 - Jurisdiction; debtors.
- 11-31-11 - Complainant to give security after decree rendered.
- 11-31-2 - Application for order of attachment; determination.
- 11-31-3 - Attaching property or indebtedness.
- 11-31-5 - Levy on land.
- 11-31-7 - Writs of sequestration for personal property.
- 11-31-9 - Publication for appearance of defendant.
- Chapter 33 - Attachment at Law Against Debtors.
- 11-33-1 - Application.
- 11-33-101 - Intervention by other creditors.
- 11-33-103 - But one trial.
- 11-33-105 - Proceedings before justice court judge.
- 11-33-107 - Trial before justice of the peace.
- 11-33-11 - Bond.
- 11-33-13 - Bond by an agent.
- 11-33-15 - Bond excepted to: new bond and affidavit.
- 11-33-17 - The writ.
- 11-33-19 - Form of the writ.
- 11-33-21 - Duplicate and alias writs.
- 11-33-23 - Writ to be served, on what, and what bound by the levy.
- 11-33-25 - The defendant to be summoned.
- 11-33-27 - Proceeding when levy by other than sheriff.
- 11-33-29 - Attachment may be issued and served on Sunday.
- 11-33-3 - Suit against one or more debtors among joint debtors.
- 11-33-31 - Return of writ and bonds.
- 11-33-33 - Ancillary attachment.
- 11-33-35 - Attachment for debt not due.
- 11-33-37 - Publication of notice.
- 11-33-39 - When publication unnecessary.
- 11-33-41 - Form of notice required.
- 11-33-43 - In absence of newspaper.
- 11-33-45 - Property may be replevied.
- 11-33-47 - Form of bond for replevin of goods.
- 11-33-49 - But one bond required.
- 11-33-5 - Attachment against partners.
- 11-33-51 - Execution against sureties.
- 11-33-53 - Loss of priority.
- 11-33-55 - One satisfaction releases sureties.
- 11-33-57 - Prior attachment from another court.
- 11-33-59 - Bond to discharge attachment for a debt due.
- 11-33-61 - Form of bond to discharge attachment for debt due.
- 11-33-63 - Bond to discharge attachment for a debt not due.
- 11-33-65 - Form of bond to discharge attachment for debt not due.
- 11-33-67 - Officer bound if bond insufficient.
- 11-33-69 - Claim of third person to attached property.
- 11-33-7 - Attachments against nonresidents jointly indebted.
- 11-33-71 - Property in danger of waste to be sold pending suit.
- 11-33-73 - How certain other property may be sold pending suit.
- 11-33-75 - Death of defendant does not abate action.
- 11-33-77 - The declaration and subsequent pleadings.
- 11-33-79 - Judgment by default.
- 11-33-81 - Defendant may defend without replevying property.
- 11-33-83 - Answer traversing truth of alleged attachment grounds; trial of issue.
- 11-33-85 - Answer traversing truth of alleged attachment grounds; damages in favor of defendant.
- 11-33-87 - Answer traversing truth of alleged attachment grounds - effect of decision in plaintiff's favor.
- 11-33-89 - Property assessment and judgment in certain cases.
- 11-33-9 - Grounds for attachment - affidavit.
- 11-33-91 - Voluntary dismissal and damages.
- 11-33-93 - Judgment in case debt not due.
- 11-33-95 - Judgment for damages pleadable as payment.
- 11-33-97 - Discharge of attachment not to affect action.
- 11-33-99 - Attachment preserved by appeal.
- Chapter 35 - Garnishment.
- 11-35-1 - When issued on judgment or decree.
- 11-35-11 - Service of writs of garnishment on government employees.
- 11-35-13 - Garnishment against public officer or employee; default judgment against state prohibited.
- 11-35-15 - Garnishment against state public officer or employee; fee for service of writ.
- 11-35-17 - Garnishment against county, municipal or other public officer or employee; fee for service of writ.
- 11-35-19 - Garnishment against public officer or employee; failure to answer writ; penalty.
- 11-35-21 - Garnishment against public officer or employee; effect of writ.
- 11-35-23 - Nature and effects of garnishment; property affected.
- 11-35-24 - Multiple garnishments.
- 11-35-25 - Answer of the garnishee.
- 11-35-27 - Garnishee's answer; time.
- 11-35-29 - Judgment on answer.
- 11-35-3 - When issued on suing out attachment.
- 11-35-31 - Garnishee's failure to answer.
- 11-35-33 - Garnishee may claim exemptions.
- 11-35-35 - Stay if debt not yet due; delivery of goods or chattels to sheriff.
- 11-35-37 - Garnishee protected in certain cases.
- 11-35-39 - Garnishee may plead that judgment is void.
- 11-35-41 - Garnishee may compel interpleader.
- 11-35-43 - Claim of third person tried.
- 11-35-45 - Contest of garnishee's answer by plaintiff.
- 11-35-47 - Contest of garnishee's answer by defendant.
- 11-35-49 - Transfer to other county; change of venue.
- 11-35-5 - Form for writ of garnishment on judgment or decree.
- 11-35-51 - Judgment on issue against garnishee.
- 11-35-53 - Valuation and discharge of judgment.
- 11-35-55 - No final judgment in certain cases.
- 11-35-57 - Executors and administrators may be garnished.
- 11-35-59 - Proceedings if garnishee dies.
- 11-35-61 - Garnishee compensation; conditions.
- 11-35-7 - Form of the writ of garnishment - when issued by the sheriff.
- 11-35-9 - Service.
- Chapter 37 - Replevin.
- 11-37-1 - through 11-37-57. Repealed.
- 11-37-101 - How replevin commenced; immediate seizure of property sought.
- 11-37-103 - Judge may determine value of bond.
- 11-37-105 - Form of plaintiff's replevin bond.
- 11-37-107 - Venue.
- 11-37-109 - The writ.
- 11-37-111 - Form of the writ.
- 11-37-113 - How writ may be executed.
- 11-37-115 - Property restored to defendant on bond.
- 11-37-117 - Form of return of officer.
- 11-37-119 - New bond may be required of plaintiff.
- 11-37-121 - When property not taken, plaintiff may elect to recover damages.
- 11-37-123 - Duplicate, alias, and pluries writs or process, and publication.
- 11-37-125 - Trial of replevin actions.
- 11-37-127 - Judgment for plaintiff.
- 11-37-129 - Judgment for defendant; default; writ of inquiry.
- 11-37-131 - How replevin commenced - immediate seizure of property not sought.
- 11-37-133 - Form of summons.
- 11-37-135 - How summons shall be executed.
- 11-37-137 - Contempt of defendant for concealing or disposing of property.
- 11-37-139 - Resettlement of action for trial on a future date.
- 11-37-141 - Judgment for plaintiff where property not previously seized.
- 11-37-143 - Judgment for defendant where property not previously seized.
- 11-37-145 - Replevin actions to be treated as preference cases.
- 11-37-147 - Jury trial.
- 11-37-149 - Claim of property by third person.
- 11-37-151 - Claim of property by third person - issue, trial and judgment.
- 11-37-153 - Laws applicable in case of death.
- 11-37-155 - Replevin not maintainable in certain cases.
- 11-37-157 - Replevin cumulative and additional to all other actions.
- Chapter 38 - Claim and Delivery.
- Chapter 39 - Quo Warranto.
- 11-39-1 - To what cases applicable.
- 11-39-11 - Repealed.
- 11-39-13 - Summons.
- 11-39-15 - Court or judge may make certain orders.
- 11-39-17 - Repealed.
- 11-39-19 - Judgments against defendants.
- 11-39-21 - Disobedience punishable.
- 11-39-23 - Private person relator, liable for costs.
- 11-39-25 - Trustees to be appointed.
- 11-39-27 - Bond of trustees.
- 11-39-29 - Property surrendered to trustees.
- 11-39-3 - Proceedings.
- 11-39-31 - Trustees to return inventory to chancery court - vacancies filled - new bonds.
- 11-39-33 - Sales of property - proceedings - trustees not to buy.
- 11-39-35 - Claims presented and audited - notice.
- 11-39-37 - Compensation of trustees and others.
- 11-39-39 - Report of trustees, and order of paying debts.
- 11-39-5 - Trial of right to office.
- 11-39-51 - Right to public office triable in vacation.
- 11-39-53 - through 11-39-57. Repealed.
- 11-39-59 - Fees of officers, jurors, and witnesses.
- 11-39-61 - Costs in such cases.
- 11-39-7 - Form of complaint against corporation.
- 11-39-9 - Form of complaint against individuals.
- Chapter 41 - Mandamus; Prohibition.
- Chapter 43 - Habeas Corpus.
- 11-43-1 - To what cases the writ extends.
- 11-43-11 - Refusal to grant writ.
- 11-43-13 - Bail by the way may be required.
- 11-43-15 - Writ issued by judge or clerk.
- 11-43-17 - Form and service of writ.
- 11-43-19 - Taking of person in certain cases.
- 11-43-21 - May be served on Sunday.
- 11-43-23 - Where and when returnable.
- 11-43-25 - When person detaining another guilty of crime.
- 11-43-27 - Production of the body.
- 11-43-29 - What the return or answer shall contain.
- 11-43-3 - Chapter not to apply in certain cases - service of petition and writ on attorney general in extradition cases.
- 11-43-31 - Penalty for disobedience of the writ.
- 11-43-33 - The trial.
- 11-43-35 - Temporary orders.
- 11-43-37 - Return not conclusive.
- 11-43-39 - Witnesses subpoenaed - affidavits of.
- 11-43-41 - Record of proceedings.
- 11-43-43 - Conclusiveness of judgment.
- 11-43-45 - Sheriff to attend trial.
- 11-43-47 - Costs in certain cases, and security for.
- 11-43-49 - Defaulting witness dealt with.
- 11-43-5 - Relator not discharged on account of defective proceedings.
- 11-43-51 - Liabilities and rights of witnesses.
- 11-43-53 - Appeal in habeas corpus.
- 11-43-55 - Procedure on appeal from judgment on habeas corpus.
- 11-43-7 - By whom granted.
- 11-43-9 - How obtained.
- Chapter 44 - Compensation to Victims of Wrongful Conviction and Imprisonment.
- 11-44-1 - Legislative findings and intent.
- 11-44-11 - Appeal of claim of wrongful conviction and imprisonment decision.
- 11-44-13 - Effect of death of claimant prior to filing claim or full payment of compensation.
- 11-44-15 - Release from future claims against the state.
- 11-44-3 - Prerequisite for claim for compensation.
- 11-44-5 - Jurisdiction of claims for wrongful conviction and imprisonment.
- 11-44-7 - Determination of eligibility for compensation; award of compensation.
- 11-44-9 - Statute of limitations on commencement of action for compensation.
- Chapter 45 - Suits by and Against the State or Its Political Subdivisions.
- 11-45-1 - When the state may be sued.
- 11-45-11 - The state entitled to all actions - unlawful detainer for its lands.
- 11-45-13 - Certain suits abated.
- 11-45-15 - County to have like remedies.
- 11-45-17 - County may sue and be sued.
- 11-45-19 - Suit where part only of county is interested.
- 11-45-21 - Bond not to be required.
- 11-45-23 - Property recovered delivered to agent.
- 11-45-25 - Suits by and against municipalities.
- 11-45-3 - Service of summons and conduct of case.
- 11-45-5 - Payment of judgment or decree against the state.
- 11-45-7 - Remedy against intruders on the lands of the state.
- 11-45-9 - Any property accrued to the state recovered.
- Chapter 46 - Immunity of State and Political Subdivisions From Liability and Suit for Torts and Torts of Employees.
- 11-46-1 - Definitions.
- 11-46-11 - Statute of limitations; notice of claim requirements; savings clause in favor of infants and those of unsound mind.
- 11-46-13 - Jurisdiction; appeals; venue.
- 11-46-15 - Limitation of liability; exemplary or punitive damages; interest; attorney's fees; reduction of award.
- 11-46-16 - Expired.
- 11-46-17 - Creation of Tort Claims Fund; liability insurance.
- 11-46-18 - Mississippi Tort Claims Board; membership; payment of expenses; officers; meetings.
- 11-46-19 - Powers and duties of board.
- 11-46-20 - Tort Claims Board; regulation of liability coverage of governmental entities; annual review of insurance plans; other powers; fees.
- 11-46-21 - Repealed.
- 11-46-23 - Provisions of chapter independent and severable.
- 11-46-3 - Declaration of legislative intent.
- 11-46-5 - Waiver of immunity; course and scope of employment; presumptions.
- 11-46-6 - Repealed.
- 11-46-7 - Exclusiveness of remedy; joinder of government employee; immunity for acts or omissions occurring within course and scope of employee's duties; provision of defense for and payment of judgme
- 11-46-8 - Foster parents covered under this chapter.
- 11-46-9 - Exemption of governmental entity from liability on claims based on specified circumstances.
- Chapter 47 - Lis Pendens.
- 11-47-1 - Record to be kept by chancery clerk.
- 11-47-11 - Result of proceeding entered.
- 11-47-13 - Liability of a clerk, sheriff, or other officer.
- 11-47-15 - Form of the docket.
- 11-47-3 - Notice of suit affecting real estate recorded.
- 11-47-5 - Notice by officer levying on real estate.
- 11-47-7 - Clerk to index the record.
- 11-47-9 - Effect of failure to enter notice.
- Chapter 49 - Rights and Duties of Attorneys, Generally.
- Chapter 51 - Appeals.
- 11-51-1 - Repealed.
- 11-51-101 - State, county, and municipality, and officials representing them, may appeal without bond; prepayment of costs in lower court; costs of record of trial court.
- 11-51-103 - Written demand for appeal in certain cases.
- 11-51-105 - through 11-51-109. Repealed.
- 11-51-11 - Appeal from judgment of criminal contempt.
- 11-51-111 - Taking of appeal from courts of separate judicial districts in Harrison County.
- 11-51-113 - Repealed.
- 11-51-12 - Appeal from judgment of civil contempt.
- 11-51-13 - through 11-51-15. Repealed.
- 11-51-17 - One of several parties may appeal; failure to join appeal.
- 11-51-19 - Repealed.
- 11-51-21 - Bond to be given by parties who join in the appeal.
- 11-51-23 - Execution when suspended as to some parties.
- 11-51-25 - Repealed.
- 11-51-27 - Terms for granting appeal.
- 11-51-29 - Prepayment of costs in civil cases on appeal.
- 11-51-3 - Appeals to Supreme Court.
- 11-51-31 - Bond for supersedeas.
- 11-51-33 - Parties and sureties on bonds examined on oath.
- 11-51-35 - Repealed.
- 11-51-37 - Judgment on bond to supersede writ of possession.
- 11-51-39 - Requirements of supersedeas bond where judgment appealed from directs sale or delivery of possession of real estate.
- 11-51-41 - Repealed.
- 11-51-43 - Supersedeas in cases not provided for.
- 11-51-45 - When bond made payable to state.
- 11-51-47 - Supersedeas bond signed by one appellant sufficient.
- 11-51-49 - Bonds by corporations.
- 11-51-5 - Repealed.
- 11-51-51 - through 11-51-55. Repealed.
- 11-51-57 - Appellee, nonresident or residence unknown.
- 11-51-59 - Execution stayed by bond.
- 11-51-61 - through 11-51-63. Repealed.
- 11-51-65 - Record on second appeal.
- 11-51-67 - Repealed.
- 11-51-69 - Prepayment for costs certified on transcript.
- 11-51-7 - Repealed.
- 11-51-71 - Statement on transcript of payment of fee therefor.
- 11-51-73 - Provision as to sending up bond directory.
- 11-51-75 - Appeal to circuit court from board of supervisors, municipal authorities.
- 11-51-77 - Appeal from assessment of taxes - attorney general, district attorney, county attorney may appeal.
- 11-51-79 - Appeals from the county court.
- 11-51-81 - Appeals to the county court.
- 11-51-83 - Appeals from unlawful entry and detainer court.
- 11-51-85 - Appeals from judgment of justice court judge in civil cases.
- 11-51-87 - Copy of record to be transmitted.
- 11-51-89 - Justice, mayor, or police justice to deliver papers to circuit clerk.
- 11-51-9 - Decrees in matters testamentary.
- 11-51-91 - Trial of cases on appeal from justice of the peace.
- 11-51-93 - Certiorari proceedings in circuit court.
- 11-51-95 - Certiorari to all other inferior tribunals.
- 11-51-97 - New appeal bond.
- 11-51-99 - How executors, administrators, guardians, and conservators appeal.
- Chapter 53 - Costs.
- 11-53-1 - through 11-53-3. Repealed.
- 11-53-11 - Official bond covers deposit.
- 11-53-13 - Security for costs shall not be required in certain suits.
- 11-53-15 - Usee liable for costs - state as nominal plaintiff.
- 11-53-17 - Poor persons may sue without security for costs.
- 11-53-19 - Court may dismiss action of poor persons.
- 11-53-21 - Judgment for costs against poor persons.
- 11-53-23 - Costs on dismissal for want of jurisdiction.
- 11-53-25 - Stale cases dismissed at cost of plaintiff.
- 11-53-27 - through 11-53-29. Repealed.
- 11-53-31 - Successful party liable for certain costs.
- 11-53-33 - Costs not recovered in some cases - limited in others.
- 11-53-35 - Repealed.
- 11-53-37 - Costs in class suits.
- 11-53-39 - Repealed.
- 11-53-41 - Executors and administrators entitled to and liable for costs - when not individually liable.
- 11-53-43 - Executors and administrators entitled to and liable for costs - in their administration.
- 11-53-45 - Next friend of infant liable for costs.
- 11-53-47 - Repealed.
- 11-53-49 - Costs in cases of setoff.
- 11-53-5 - How security given.
- 11-53-51 - Costs in cases of appeal from justices of the peace.
- 11-53-53 - Costs in cases of certiorari and appeals from certain inferior tribunals.
- 11-53-55 - Cases not expressly embraced by statute or Rule.
- 11-53-57 - Repealed.
- 11-53-59 - through 11-53-61. Repealed.
- 11-53-63 - Repealed.
- 11-53-65 - Bill of costs made and filed.
- 11-53-67 - Fees not payable until bill produced.
- 11-53-69 - Costs not due until suit ended.
- 11-53-7 - Security for costs before justice of the peace.
- 11-53-71 - Taxation of costs in cases from justices of the peace.
- 11-53-73 - Execution for costs.
- 11-53-75 - Bill of costs appended to execution.
- 11-53-77 - Combining orders and decrees to save costs.
- 11-53-79 - Table of fees to be posted conspicuously.
- 11-53-81 - Recovery of attorney's fees in suit on open account.
- 11-53-9 - Costs paid from deposit.
- Chapter 55 - Litigation Accountability Act of 1988.
- 11-55-1 - Title.
- 11-55-11 - Application of chapter.
- 11-55-13 - Severability.
- 11-55-15 - Actions to which chapter applies.
- 11-55-3 - Definitions.
- 11-55-5 - Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings.
- 11-55-7 - Award of costs and attorney's fees; amount of award; factors to consider.
- 11-55-9 - Limitations of chapter.
- Chapter 57 - Structured Settlements.
- 11-57-1 - Short Title.
- 11-57-11 - Application for transfer; notification; hearing.
- 11-57-13 - Transferee and payee responsibilities.
- 11-57-15 - Applicability.
- 11-57-3 - Definitions.
- 11-57-5 - Disclosure statement.
- 11-57-7 - Transfers of structured settlement payment rights.
- 11-57-9 - Consequences of transfer.