MCA Chapter 55

MCA Chapter 55
in effect

Miss. Code Ann. § 11-55-3 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: “Without substantial justification,” when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in fact or in law, or vexatious, as determined by the court. “Person” means any individual, corporation, company, association, firm, partnership, society, joint stock company or any other entity, including any governmental entity or unincorporated association of persons. “Action” means a civil action that contains one or more claims for relief, defense or an appeal of such civil action. For the purposes of this chapter only, an “action” also means any separate count, claim, defense or request for relief contained in any such civil action.

Miss. Code Ann. § 11-55-5 Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings.

Except as otherwise provided in this chapter, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorney’s fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including, but not limited to, abuse of discovery procedures available under the Mississippi Rules of Civil Procedure. No attorney’s fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within a reasonable time after the attorney or party filing the action, claim or defense knows or reasonably should have known that it would not prevail on the action, claim or defense. When a court determines reasonable attorney’s fees or costs should be assessed, it shall assess the payment against the offending attorneys or parties, or both, and in its discretion may allocate the payment among them, as it determines most just, and may assess the full amount or any portion to any offending attorney or party. No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorney’s fees unless the court finds that the party clearly knew or reasonably should have known that such party’s action, claim or defense or any part of it was without substantial justification.

Miss. Code Ann. § 11-55-7 Award of costs and attorney’s fees; amount of award; factors to consider.

In determining the amount of an award of costs or attorney’s fees, the court shall exercise its sound discretion. When granting an award of costs and attorney’s fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney’s fees and costs and the amount to be assessed: The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted, and the time remaining within which the claim or defense could be filed; The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid; The availability of facts to assist in determining the validity of an action, claim or defense; Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose; Whether or not issues of fact, determinative of the validity of a party’s claim or defense, were reasonably in conflict; The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy; The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing; The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court; The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action; The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and The period of time available to the attorney for the party asserting any defense before such defense was interposed.

Miss. Code Ann. § 11-55-9 Limitations of chapter.

Nothing in this chapter shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay the client’s attorney. Nothing in this chapter is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney’s fees or costs, or an award of attorney’s fees or costs in a manner different than that provided in this chapter.

Miss. Code Ann. § 11-55-11 Application of chapter.

This chapter shall apply in all cases unless attorney’s fees are otherwise specifically provided by statute or court rule, in which case the provision allowing the greater award shall prevail.

Miss. Code Ann. § 11-55-13 Severability.

If any section, paragraph, sentence, phrase or any part of this chapter shall be held invalid or unconstitutional, such holding shall not affect any other section, paragraph, sentence, clause, phrase or part of this chapter which is not in and of itself invalid or unconstitutional. Moreover, if the application of this chapter, or of any portion of it, to any person or circumstance is held invalid, the invalidity shall not affect the application of this chapter to other persons or circumstances which can be given effect without the invalid provision or application.

Miss. Code Ann. § 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.