MCA Chapter 1

MCA Chapter 1
in effect

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-3 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1857, ch. 61, art. 190; 1871, § 756; 1880, § 1599; 1892, § 1738; 1906, § 1915; Hemingway’s 1917, § 1575; 1930, § 1527; 1942, § 1688]

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-7 and 13-1-9. Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991.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] Editor’s Notes — Former § 13-1-7 concerned the competency of a claimant against the estate of a decedent or a person non compos mentis. Former § 13-1-9 related to competency of an accused.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-15 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1880, § 1604; 1892, § 1742; 1906, § 1919; Hemingway’s 1917, § 1579; 1930, § 1533; 1942, § 1694]

Miss. Code Ann. § 13-1-16 Repealed.

Repealed by Laws of 1984, ch. 414, § 9, eff from and after July 1, 1984. § 13-1-16 . [En Laws, 1972, ch. 338, § 1] Editor’s Notes — Section 13-1-16 provided for the appointment of interpreters for deaf parties and witnesses and for the payment of fees. Section 13-1-301 et seq. now make provisions for such appointments.

Miss. Code Ann. § 13-1-17 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 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]

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-21 Communications privileged; exception.

All communications made to a physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor by a patient under his charge or by one seeking professional advice are hereby declared to be privileged, and such party shall not be required to disclose the same in any legal proceeding except at the instance of the patient or, in case of the death of the patient, at the instance of his personal representative or legal heirs in case there be no personal representative, or except, if the validity of the will of the decedent is in question, at the instance of the personal representative or any of the legal heirs or any contestant or proponent of the will. Waiver of the medical privilege of patients regarding the release of medical information to health care personnel, the State Board of Health or local health departments, made to comply with Sections 41-3-15, 41-23-1 and 41-23-2 and related rules, shall be implied. The medical privilege likewise shall be waived to allow any physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor to report to the State Department of Health necessary information regarding any person afflicted with any communicable disease or infected with the causative agent thereof who neglects or refuses to comply with accepted protective measures to prevent the transmission of the communicable disease. Willful violations of the provisions of this section shall constitute a misdemeanor and shall be punishable as provided for by law. Any physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist, or chiropractor shall be civilly liable for damages for any willful or reckless and wanton acts or omissions constituting such violations. In any action commenced or claim made after July 1, 1983, against a physician, hospital, hospital employee, osteopath, dentist, nurse, pharmacist, podiatrist, optometrist or chiropractor for professional services rendered or which should have been rendered, the delivery of written notice of such claim or the filing of such an action shall constitute a waiver of the medical privilege and any medical information relevant to the allegation upon which the cause of action or claim is based shall be disclosed upon the request of the defendant, or his or her counsel. In any disciplinary action commencing on or after July 1, 1987, against a medical physician, an osteopathic physician or a podiatrist pursuant to the provisions of Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 through 73-25-95 and 73-27-1 through 73-27-19, waiver of the medical privilege of a patient to the extent of any information other than that which would identify the patient shall be implied.

Miss. Code Ann. § 13-1-21.1 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.

Miss. Code Ann. § 13-1-22 Confidentiality of priest-penitent communications.

As used in this section: A “clergyman” is a minister, priest, rabbi, or other similar functionary of a church, religious organization, or religious denomination. A communication is “confidential” if made privately and not intended for further disclosure except in furtherance of the purpose of the communication. 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. 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. 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.

Miss. Code Ann. § 13-1-22.1 1. Certain communications made to certified peer support member by emergency responder to be privileged; definitions; exception to privilege; penalties.

As used in this section, unless the context clearly indicates otherwise: “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. “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. 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. The privilege shall not apply if: 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; 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 A crime has been committed and divulged. 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.

Miss. Code Ann. § 13-1-23 Presumption of death.

Any person who shall remain beyond the sea, or absent himself from this state, or conceal himself in this state, for seven years successively without being heard of, shall be presumed to be dead in any case where his death shall come in question, unless proof be made that he 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.

Miss. Code Ann. § 13-1-25 Presumptions as to status of military and naval personnel or federal civilian employees.

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. 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. 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.

Miss. Code Ann. § 13-1-27 Repealed.

Repealed by Laws of 1975, ch. 501, § 22, eff from and after January 1, 1976. § 13-1-27 . [Codes, Hutchinson’s 1848, ch. 60, art. 1 (113, 114); 1857, ch. 61, art. 209, ch. 62, art. 88; 1871, §§ 788, 1079; 1880, §§ 1608, 1940; 1892, §§ 1747, 1759; 1906, §§ 1924, 1936; Hemingway’s 1917, §§ 1584, 1596; 1930, § 1538; 1942, § 1699; Laws, 1948, ch. 231] § 13-1-29 . [Codes, Hutchinson’s 1848, ch. 50, art. 2 (13); 1857, ch. 58, art. 17; 1871, § 1314; 1880, § 2203; 1892, § 1748; 1906, § 1925; Hemingway’s 1917, § 1585; 1930, § 1552; 1942, § 1713] § 13-1-31 . [Codes, 1857, ch. 61, art. 210; 1871, § 790; 1880, § 1609; 1892, § 1749; 1906, § 1926; Hemingway’s 1917, § 1586; 1930, § 1539; 1942, § 1700] § 13-1-33 . [Codes, 1892, § 1750; 1906, § 1927; Hemingway’s 1917, § 1587; 1930, § 1540; 1942, § 1701; Laws, 1958, ch. 255] § 13-1-35 . [Codes, Hutchinson’s 1848, ch. 60, art. 1 (116); 1857, ch. 61, art. 212; 1871, § 791; 1880, § 1611; 1892, § 1751; 1906, § 1928; Hemingway’s 1917, § 1588; 1930, § 1542; 1942, § 1703] § 13-1-37 . [Codes, 1857, ch. 61, art. 214; 1871, § 793; 1880, § 1613; 1892, § 1753; 1906, § 1930; Hemingway’s 1917, § 1590; 1930, § 1543; 1942, § 1704] § 13-1-39 . [Codes, Hutchinson’s 1848, ch. 60, art. 14; 1857, ch. 61, art. 219; 1871, § 798; 1880, § 1618; 1892, § 1757; 1906, § 1934; Hemingway’s 1917, § 1594; 1930, § 1541; 1942, § 1702] § 13-1-41 . [Codes, Hutchinson’s 1848, ch. 60, art 1 (120); 1857, ch. 61, art. 213; 1871, § 792; 1880, § 1612; 1892, § 1752; 1906, § 1929; Hemingway’s 1917, § 1589; 1930, § 1544; 1942, § 1705] § 13-1-43 . [Codes, 1857, ch. 61, art. 215; 1871, § 794; 1880, § 1614; 1892, § 1754; 1906, § 1931; Hemingway’s 1917, § 1591; 1930, § 1545; 1942, § 1706] § 13-1-45 . [Codes, 1857, ch. 61, art. 218; 1871, § 797; 1880, § 1617; 1892, § 1755; 1906, § 1932, Hemingway’s 1917, § 1592; 1930, § 1546; 1942, § 1707] § 13-1-47 . [Codes, Hutchinson’s 1848, ch. 60, art. 1 (117); 1857, ch. 61, art. 216; 1871, § 795; 1880, §§ 1615, 1946; 1892, § 1756; 1906, § 1933; Hemingway’s 1917, § 1593; 1930, § 1547; 1942, § 1708; Laws, 1956, ch. 236, eff. July 1, 1956] § 13-1-49 . [Codes, 1857, ch. 61, art. 221, ch. 62, art. 93; 1871, § 1086; 1880, §§ 1620, 1948; 1892, § 1758; 1906, § 1935; Hemingway’s 1917, § 1595; 1930, § 1548; 1942, § 1709] § 13-1-51 . [Codes, 1857, ch. 62, art. 92; 1871, § 1085; 1880, § 1943; 1892, § 1761; 1906, § 1938; Hemingway’s 1917, § 1598; 1930, § 1551; 1942, § 1712; Laws, 1956, ch. 237, eff. July 1, 1956] § 13-1-53 . [Codes, 1880, § 1944; 1892, § 1762; 1906, § 1939; Hemingway’s 1917, § 1599; 1930, § 1549; 1942, § 1710] § 13-1-55 . [Codes, 1871, § 1076; 1880, § 1945; 1892, § 1763; 1906, § 1940; Hemingway’s 1917, § 1600; 1930, § 1550; 1942, § 1711; Laws, 1882, p. 111] § 13-1-57 . [Codes, 1880, § 1650; 1892, § 1766; 1907, § 1943; Hemingway’s 1917, § 1603; 1930, § 1553; 1942, § 1714] § 13-1-59 . [Codes, 1880, § 1651; 1892, § 1767; 1906, § 1944; Hemingway’s 1917, § 1604; 1930, § 1554; 1942, § 1715] § 13-1-61 . [Codes, 1880, § 1655; 1892, § 1768; 1906, § 1945; Hemingway’s 1917, § 1605; 1930, § 1555; 1942, § 1716] § 13-1-63 . [Codes, 1880, § 1652; 1892, § 1769; 1906, § 1946; Hemingway’s 1917, § 1606; 1930, § 1556; 1942, § 1717] § 13-1-65 . [Codes, 1880, § 1660; 1892, § 1770; 1906, § 1947; Hemingway’s 1917, § 1607; 1930, § 1557; 1942, § 1718] § 13-1-67 . [Codes, 1880, §§ 1653, 1654; 1892, §§ 1771, 1772; 1906, §§ 1948, 1949; Hemingway’s 1917, §§ 1608, 1609; 1930, §§ 1558, 1559; 1942, §§ 1719, 1720] § 13-1-69 . [Codes, 1880, § 1656; 1892, § 1773; 1906, § 1950; Hemingway’s 1917, § 1610; 1930, § 1560; 1942, § 1721] § 13-1-71 . [Codes, 1880, § 1657; 1892, § 1774; 1906, § 1951; Hemingway’s 1917, § 1611; 1930, § 1561; 1942, § 1722] § 13-1-73 . [Codes, 1880, § 1658; 1892, § 1775; 1906, § 1952; Hemingway’s 1917, § 1612; 1930, § 1562; 1942, § 1723] § 13-1-75 . [Codes, 1880, § 1659; 1892, § 1776; 1906, § 1953; Hemingway’s 1917, § 1613; 1930, § 1563; 1942, § 1724] Editor’s Notes — Laws, 1975, ch. 501, § 22, additionally provides that “the provisions of said section shall continue to apply to all actions and proceedings pending in the Supreme, chancery, circuit and county courts of this state prior to the repeal of said sections.” As to current statutory provisions for civil discovery, see §§ 13-1-201 et seq. Former § 13-1-27 related to depositions. Former § 13-1-29 related to deposition for use in a justice’s court. Former § 13-1-31 related to affidavit to be made by party desiring to take deposition. Former § 13-1-33 related to depositions of witnesses in state; before whom taken; notice. Former § 13-1-35 related to interrogatories to nonresident witness filed. Former § 13-1-37 related to persons to whom commissions may be directed. Former § 13-1-39 related to service of copies of interrogatories and notices. Former § 13-1-41 related to notice to nonresident or absent party. Former § 13-1-43 related to taking, returning, and opening depositions. Former § 13-1-45 related to examination from day to day. Former § 13-1-47 related to admissibility of depositions; attendance of witness may be procured. Former § 13-1-49 related to exceptions to depositions. Former § 13-1-51 related to obtaining pre-trial testimony of adversary. Former § 13-1-53 related to party may examine adversary in open court. Former § 13-1-55 related to interested witness may be examined in open court. Former § 13-1-57 related to filing of written statement to institute proceeding perpetuating testimony. Former § 13-1-59 related to notice in case of resident witness. Former § 13-1-61 related to notice in case of nonresident witness. Former § 13-1-63 related to service, return, and publication of notices. Former § 13-1-65 related to service of notice upon minor. Former § 13-1-67 related to perpetuation of testimony – taking of deposition of witness in state. Former § 13-1-69 related to perpetuation of testimony – taking of deposition of nonresident. Former § 13-1-71 related to depositions received and recorded. Former § 13-1-73 related to admissibility of depositions. Former § 13-1-75 related to costs paid by party procuring services.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-79 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1857, ch. 61, art. 230; 1871, § 809; 1880, § 1624; 1892, § 1783; 1906, § 1960; Hemingway’s 1917, § 1620; 1930, § 1583; 1942, § 1745]

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-83 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 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 . [En 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] Editor’s Notes — Former § 13-1-83 related to admissibility and effect of certificate of officer of search in office. Former § 13-1-85 related to admissibility of state records preserved by department of archives and history. Former § 13-1-87 related to certificate of clerk of board of supervisors as evidence of default. Former § 13-1-89 related to evidence of enrollment of judgment. Former § 13-1-91 related to copies of records relating to conveyance under judgments of justices of the peace. Former § 13-1-93 related to copies of taxes bill of costs as evidence of amount due. Former § 13-1-95 related to admissibility and effect of certain transcribed records. Former § 13-1-97 related to admissibility of original writings and the like or records or copies thereof. Former § 13-1-99 related to admissibility of copies of writings recorded in any other state. Former § 13-1-101 related to admissibility of copies of foreign writings and the like. Former § 13-1-103 related to admissibility of certificates of marriages and copies thereof. Former § 13-1-105 related to admissibility of certified copies of wills and records thereof. Former § 13-1-107 related to admissibility and effect of certified copies from books of entries of land. Former § 13-1-109 related to admissibility of certified copies of field-notes and maps. Former § 13-1-111 related to admissibility of transcribed testimony. Former § 13-1-113 related to surveyor’s certificate as prima facie evidence of certain facts. Former § 13-1-114 permitted the certificate of a physician, chemist, or technician to be admitted as proof of the identity of a controlled substance if the analysis was performed in an approved laboratory and the certificate was properly attested to by the analyst. Former § 13-1-115 related to tax collector’s conveyance and list of lands sold as prima facie evidence. Former § 13-1-117 related to certified copy of appointment of foreign executor, administrator or guardian.

Miss. Code Ann. § 13-1-119 Repealed.

Repealed by Laws of 1989, ch. 465, § 1, eff from and after July 1, 1989. [Codes, 1880, § 1059; 1892, § 1808; 1906, § 1985; Hemingway’s 1917, § 1645; 1930, § 1580; 1942, § 1741; Laws 1912, ch. 215]

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-124 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-1-124 . [En 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] Editor’s Notes — Former § 13-1-124 provided that three forms of evidence, affidavits of the automobile owner and operator, an affidavit of the commissioner of public safety, or an affidavit of the claimant, would constitute prima facie evidence of an automobile owner and operator’s uninsured status. Former § 13-1-125 related to certified copies of bonds of officers and others as evidence. Former § 13-1-127 related to copies of writings filed in other courts as evidence. Former § 13-1-129 related to record of dishonor of bills and notes as evidence.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-133 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 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] Editor’s Notes — Former § 13-1-133 related to when partnership need not be proved. Former § 13-1-135 related to when subscription of stock need not be proved. Former § 13-1-137 related to when notice of dishonor of bills or notes need not be proved. Former § 13-1-139 related to when signature, execution of instrument, identity or names of persons, or the like, need not be proved. Former § 13-1-141 related to affidavit to correctness of account entitles affiant to judgment. Former § 13-1-143 related to proof of publication of notices. Former § 13-1-145 related to proof of posting of notice. Former § 13-1-147 related to private acts of legislative as evidence although not specially pleaded.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-153 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1942, § 1761.7; Laws, 1966, ch. 525, § 1]

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-201 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [En Laws, 1975, ch. 501, § 1]

Miss. Code Ann. § 13-1-226 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [En Laws, 1975, ch. 501, § 2]

Miss. Code Ann. § 13-1-227 Depositions before action or pending appeal.

Before action. — Petition. — A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in the circuit or chancery court in the county of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show: (1) that the petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought, (2) the subject matter of the expected action and his interest therein, (3) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it, (4) the names or a description of the persons he expects will be adverse parties and their addresses so far as known, and (5) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony. Notice and service. — The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty (20) days before the date of hearing the notice shall be served in the same manner of service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided by law, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. Order and examination. — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with Sections 13-1-201, 13-1-226 through 13-1-237, 13-1-241, and 13-1-243; and the court may make orders of the character provided for by Section 13-1-234. For the purpose of applying Sections 13-1-201, 13-1-226 through 13-1-237, 13-1-241, and 13-1-243, to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. Use of deposition. — If a deposition to perpetuate testimony is taken under Sections 13-1-201, 13-1-226 through 13-1-237, 13-1-241, 13-1-243, it may be used in any action involving the same subject matter subsequently brought in a circuit, chancery or county court in accordance with Section 13-1-232(a). Pending appeal. — If an appeal has been taken from a judgment of a court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the court. In such case the party who desires to perpetuate the testimony may make a motion in the court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which he expects to elicit from each; (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Section 13-1-234, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in Sections 13-1-201, 13-1-226 through 13-1-237, 13-1-241, and 13-1-243, for depositions taken in actions pending in the court. Perpetuation by action.— This section does not limit the power of a court to entertain an action to perpetuate testimony.

Miss. Code Ann. § 13-1-228 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [En Laws, 1975, ch. 501, § 4]

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-230

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-1-230 . [En Laws, 1975, ch. 501, § 6] § 13-1-231 . [En Laws, 1975, ch. 501, § 7] § 13-1-232 . [En Laws, 1975, ch. 501, § 8] § 13-1-233 . [En Laws, 1975, ch. 501, § 9] § 13-1-234 . [En Laws, 1975, ch. 501, § 10] § 13-1-236 . [En Laws, 1975, ch. 501, § 11] § 13-1-237 . [En Laws, 1975, ch. 501, § 12] § 13-1-241 . [En Laws, 1975, ch. 501, § 13] § 13-1-243 . [En Laws, 1975, ch. 501, § 14] Editor’s Notes — Former § 13-1-230 governed the procedures for depositions upon oral examination. Former § 13-1-231 provided for procedures for depositions upon written questions. Former § 13-1-232 provided for the use of depositions in court proceedings. Former § 13-1-233 provided for the service of interrogatories upon parties and the use of responses at trial. Former § 13-1-234 provided for inspection by a party of documents or other evidence in another’s possession, and it prescribed procedure for entry upon another’s land for inspection. Former § 13-1-236 governed requests for admission. Former § 13-1-237 provided remedies and sanctions for failure to comply with discovery. Former § 13-1-241 governed methods of service of notices and other papers issued under §§ 13-1-226 through 13-1-237 , and § 13-1-243 . Former § 13-1-243 excluded discovery expenses from court costs.

Miss. Code Ann. § 13-1-245 Bank expenses related to disclosure of customer’s financial records.

As used in this section: “Bank” means any state or national bank located in Mississippi. “Custodian” includes a bank’s operations officer and any other person who is an official custodian of the bank’s records, as well as their deputies and assistants. “Customer” means any person or authorized representative of a person who has maintained or is maintaining an account or deposit of any type, or has utilized or is utilizing any service of a bank, or for whom a bank has acted or is acting as a fiduciary in relation to an account or deposit maintained in the person’s name. “Financial record” means any record in any form, or information derived from such record, that is maintained by a bank and pertains to a deposit or account of a customer, a service of the bank utilized by a customer or any other relationship between a customer and the bank. “Governmental authority” includes the state, any political subdivision, district and court, and any agency, department, officer or authorized employee of any of those entities. In any state court proceeding, if any party, including a governmental authority, requests a subpoena duces tecum (to be construed hereinafter to include a court order) to require a bank to assemble or provide a customer’s financial records, and the bank is not a party to the proceeding or is a party solely by reason of its holding assets of another party defendant with no cause of action alleged against the bank, the party requesting the subpoena shall pay to the court conducting the proceeding all reasonable charges of the bank in searching for, reproducing and transporting the records. This payment shall be made promptly when the copy of the records is delivered to the proper person, as provided in subsection (4) of this section, whether or not the financial records are entered into evidence, and the amount of the payment shall be the amount certified by the custodian in the affidavit required by subsection (6) of this section. The payment of these reasonable charges shall be in addition to any witness fees. Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any bank in any state court proceeding in which the bank is not a party, or in which the bank is a party solely by reason of its holding assets of another party defendant with no cause of action alleged against the bank, and such subpoena requires the production of a customer’s financial records, it shall be deemed sufficient compliance if the custodian shall furnish a true and correct copy of all records described in the subpoena. The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows: If the subpoena directs attendance in court, to the clerk of such court or to the judge thereof; if the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at a place designated in the subpoena for the taking of the deposition or at his place of business; in other cases, to the officer, body or tribunal conducting the hearing, at a like address. Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. However, the sealed envelope or wrapper may be opened and the records examined prior to the trial, deposition or hearing upon written consent of all parties or their counsel of record. The records shall be accompanied by an affidavit of a custodian stating in substance: (a) that the affiant is a duly authorized custodian of the records and has authority to certify such records; (b) that the copy is a true copy of all the records described in the subpoena; (c) that the records were prepared by the personnel of the bank, bank officers or persons acting under the control of either, in the ordinary course of the bank’s business at or near the time of the act, condition or event reported therein; and (d) certifying the amount of the reasonable charges of the bank for furnishing such copies. If the bank has none of the records described or only part thereof, the custodian shall so state in the affidavit and furnish the affidavit and such records as are available. The furnishing of the affidavit with respect to such reasonable charges shall be sufficient proof of such expense, which shall be taxed as costs of the court. All reasonable charges paid hereunder shall be remitted to the bank not later than final determination of the suit by the court where the suit is initiated. The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. In rare cases where the personal attendance of the custodian may be required, the subpoena duces tecum shall contain a clause which reads: “The procedure authorized pursuant to subsection (3) of this section will not be deemed sufficient compliance with this subpoena.” In rare cases where the personal attendance of the custodian and the production of the original record may be required, the subpoena duces tecum shall contain a clause which reads: “Original records are required and the procedure authorized pursuant to subsection (3) of this section will not be deemed sufficient compliance with this subpoena.” If the bank does not have such original record, it shall furnish such copies as it may have and shall be compensated as provided for in this section. Original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and reasonable charges for furnishing such copies shall be taxed as costs of the court. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and reasonable charges for furnishing such copies shall be taxed as costs of the court.

Miss. Code Ann. § 13-1-261 Judgment creditor’s right to examination of judgment debtor.

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. 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.

Miss. Code Ann. § 13-1-263 Venue for filing motion for examination and for conducting examination.

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. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-267 Swearing of judgment debtor; use of testimony of judgment debtor in criminal proceeding.

The debtor shall be sworn to tell the truth in the same manner as a witness in a civil action. No testimony given by a debtor shall be used in any criminal proceeding against him, except for perjury committed at such examination.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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: “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. “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. “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.

Miss. Code Ann. § 13-1-303 Appointment of interpreter; court proceedings; policy custody; statements of deaf person as evidence.

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. 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. 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. 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. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 13-1-307 Duties of interpreter.

The duties of the interpreter may include: Interpreting during court and court-related proceedings, including any and all meetings and conferences between client and his attorney; Translating or interpreting documents; Assisting in taking depositions; Assisting in administering oaths; and Such other duties as may be required by the judge of the court making the appointment.

Miss. Code Ann. § 13-1-309 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [En Laws, 1984, ch. 414, § 5]

Miss. Code Ann. § 13-1-311 List of qualified interpreters.

It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through (a) the Mississippi Registry of Interpreters for the Deaf; (b) the community services program at the Mississippi School for the Deaf, or, (c) any community resource wherein the appointing authority or the deaf person is knowledgeable that such qualified interpreters can be found. It shall be the responsibility of the community services program at the Mississippi School for the Deaf to compile and update annually a listing of qualified interpreters and to make this listing available to authorities in possible need of interpreter services as provided in Sections 13-1-301 through 13-1-315.

Miss. Code Ann. § 13-1-313 Affirmation of true interpretation.

Before participating in any proceedings subsequent to an appointment under the provisions of Sections 13-1-301 through 13-1-315, an interpreter shall make an oath or affirmation that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such persons in the English language to the best of his skill and judgment. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates.

Miss. Code Ann. § 13-1-315 Fees for interpreters.

An interpreter appointed under the provisions of Sections 13-1-301 through 13-1-315 shall be entitled to a reasonable fee for such services in addition to actual expenses for travel and transportation. The court or appointing authority may consider standards established by the Mississippi Registry of Interpreters for the Deaf in determining a reasonable fee. When the interpreter is appointed by a court in a criminal case the fee shall be paid out of the general fund of the state, county or municipality, as the case may be. An interpreter’s fee in a civil action shall be paid out of funds provided by law or by one or more of the parties as the court may direct and may be taxed ultimately as costs in the discretion of the court. When an interpreter is provided by an appointing authority pursuant to subsection (2) of Section 13-1-303, the fee shall be paid out of funds available to the appointing authority.

Miss. Code Ann. § 13-1-401 Applicability of special evidentiary provisions.

The rules of evidence prescribed in Sections 13-1-401 through 13-1-415 shall be applicable in any youth court proceeding and in any criminal prosecution under the following sections of the Mississippi Code of 1972: Section 97-5-21, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18); Section 97-5-23, Mississippi Code of 1972, relating to the touching of a child for lustful purposes; Section 97-5-35, Mississippi Code of 1972, relating to the exploitation of children; Section 97-5-39, Mississippi Code of 1972, relating to contributing to the neglect or delinquency of a child and felonious battery of a child; Section 97-5-41, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child or child of a cohabitating partner; Section 97-3-95, Mississippi Code of 1972, relating to sexual battery; or Section 97-29-59, Mississippi Code of 1972, relating to unnatural intercourse.

Miss. Code Ann. § 13-1-403 Admissibility of child’s out-of-court statements.

An out-of-court statement made by a child under the age of twelve (12) describing any act of child abuse, sexual abuse or any other offense involving an unlawful sexual act, contact, intrusion or penetration performed in the presence of, with, by or on the declarant child, not otherwise admissible, is admissible in evidence to prove the contents thereof, if: Such statement is made for the purpose of receiving assistance or advice in order to prevent or mitigate the recurrence of the offenses, or in order to obtain advice about the psychological, social or familial consequences associated with the offenses; and Such statement is made to a person on whom the child should reasonably be able to rely for assistance, counseling or advice; and The child either: Is available to testify; or Is unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. A finding of unavailability, except in those situations specified by Rule 804 of the Mississippi Rules of Evidence, shall require a finding by the court, based on the specific behavioral indicators described in Section 13-1-411, that the child’s participation in the trial would result in a substantial likelihood of traumatic emotional or mental distress; and The court finds in a hearing conducted outside the presence of the jury that the time, content and circumstances of the statement provide sufficient guarantees of trustworthiness. In determining the trustworthiness of the statement, the court may consider the age and maturity of the child, the nature and duration of the abuse or offense alleged, factors which may detract from the declarant’s credibility, information provided about the child’s reliability based on the specific behavioral indicators described in Section 13-1-411, or any other factor deemed appropriate. The defendant shall be notified no later than ten (10) days before trial that an out-of-court statement as described in this section shall be offered in evidence at trial. The notice shall include a written statement of the content of the child’s statement, the time the statement was made, the circumstances surrounding the statement which indicate its reliability and such other particulars as necessary to provide full disclosure of the statement. The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.

Miss. Code Ann. § 13-1-405 Use of closed circuit television to show child’s testimony.

Upon motion and hearing in camera, the trial court may order that the testimony of a child under the age of sixteen (16) that an unlawful sexual act, contact, intrusion, penetration or other sexual offense was committed upon him or her, or that he or she witnessed its perpetration upon another child, be taken outside of the courtroom and shown in the courtroom by means of closed circuit television, upon a finding based on specific behavioral indicators described in Section 13-1-411, that there is a substantial likelihood that the child will suffer traumatic emotional or mental distress if compelled to testify in open court. The motion may be filed by the child, his attorney, parent, legal guardian or guardian ad litem, or any party to the case. The court may also raise the matter on its own motion. Upon stipulation of the parties, the court may appoint a person who is qualified as an expert and who has dealt with the child in a therapeutic setting concerning the offense to aid in formulating methods of questioning the child and to assist the court in interpreting the answers of the child. Closed circuit television testimony may be taken by any method not inconsistent with the Mississippi Rules of Civil Procedure and the Mississippi Uniform Criminal Rules of Circuit Court Practice. After a determination that the defendant’s presence would cause a substantial likelihood of traumatic emotional or mental distress to the child, the judge may exclude the defendant from the room where the testimony is taken. In any case in which the defendant is so excluded, arrangements must be made for the defense attorney to be in continual contact with the defendant by any appropriate private electronic or telephonic method throughout the questioning. The defendant and the jury must be able to observe the demeanor of the child witness at all times during the questioning. The court shall make specific findings of fact, on the record, as to the basis for its rulings under this section. All parties must be represented by counsel at any taking of any testimony under this section.

Miss. Code Ann. § 13-1-407 Use of child’s videotaped testimony; protective orders; destruction of videotape.

On motion and hearing in camera and a finding based on information placed on the record which was subject to cross-examination: That there is a substantial likelihood, based on specific behavioral indicators described in Section 13-1-411 exhibited by the child, that a child who is under the age of sixteen (16) would suffer traumatic emotional or mental distress if he were required to testify in open court; or That such child is otherwise unavailable; a trial court may order the videotaping of the testimony of the victim or witness in a case in which the occurrence or non-occurrence of sexual abuse or child abuse is a material fact, which videotaped testimony is to be utilized at trial in lieu of testimony in open court. The motion may be made by: The child, or the attorney, parent, legal guardian or guardian ad litem of the child; The trial judge acting at his own discretion; or Any party to the case. The judge shall preside, or shall appoint a special master to preside, at the videotaping unless the following conditions are met: The child is represented by a guardian ad litem or counsel; The child’s representative and the counsel for each party stipulate that the requirement for the presence of the judge or special master may be waived; and The court finds, after a hearing, that the presence of a judge or special master is not necessary to protect the child. The defendant and the defendant’s counsel shall be present at the videotaping, unless the defendant has waived this right. Provided, however, that on motion of a party, or of the child’s representative and hearing in camera and a finding based on information placed on the record which was subject to cross-examination that there is a substantial likelihood, based on specific behavioral indicators exhibited by the child, as described in Section 13-1-411, that the child would suffer traumatic emotional or mental distress if he or she were required to testify in the presence of an adult who is alleged to have abused the child, or to have participated in, or concealed such abuse, the court may require that adult, including without limitation a defendant, to view the testimony from outside the presence of the child by means of a two-way mirror or another similar method that will ensure that the defendant can directly observe and hear the testimony of the child, but that the child cannot hear or see the adult. If the defendant is excluded from the room in which testimony is being taken, the defendant and the attorney for the defendant may communicate by any appropriate private electronic or telephonic method. All questioning shall be done by attorneys for the prosecution and the defense; however, upon stipulation of all parties, the court may appoint a person who is qualified as an expert and who has dealt with the child in a therapeutic setting concerning the offense to aid the court throughout proceedings conducted under this section. The motion for the taking of videotaped testimony may be made at any time with three (3) days’ written notice of the time and place of the taking of the testimony provided to all parties to the proceeding, to the child and to the child’s representative or guardian. Any videotape which is made pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the child. The court shall order the destruction of a videotape made pursuant to this section after five (5) years have elapsed since the entry of the judgment in the case in which the videotape was made. However, such order may be made before the expiration of five (5) years upon motion filed by the child, his attorney, parent, legal guardian or guardian ad litem after notice to the defendant. In no event shall such a videotape be destroyed before a final judgment has been rendered on an appeal. The court shall make specific findings of fact, on the record, as to the basis for its rulings under this section. All parties must be represented by counsel at any taking of any testimony under this section.

Miss. Code Ann. § 13-1-409 Expert testimony as to meaning of child’s testimony; appointment of expert.

If scientific, technical or other specialized knowledge will assist the trier of fact in understanding the testimony of a child under the age of twelve (12) in a case in which the occurrence or non-occurrence of physical or sexual abuse of a child is a material issue, a witness qualified as an expert by knowledge, skill, experience, training or education, may testify, based on such expertise, in the form of an opinion or otherwise. The facts or data in the particular case upon which such an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences about the occurrence or non-occurrence of physical or sexual abuse of children, or about children who may be victims or observers of such abuse, the facts or data need not be admissible in evidence. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. The court, in a case where the occurrence or non-occurrence of physical or sexual child abuse is a material issue, may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nomination. The court may appoint any expert witnesses agreed upon by the parties, and may appoint witnesses of its own selection. An expert witness shall not be appointed by the court unless he consents to act. A witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of his findings, if any; his deposition may be taken by any party; and he may be called to testify by the court or any party. He shall be subject to cross-examination by each party, including a party calling him as a witness. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness. Nothing in this subsection limits the parties in calling expert witnesses of their own selection.

Miss. Code Ann. § 13-1-411 Behavioral indicators used to determine applicability of evidentiary provisions.

The phrase “specific behavioral indicators” when used herein to refer to evidence (regardless of admissibility) that a child has suffered physical or sexual abuse or might suffer traumatic emotional or mental distress if required to testify in court, shall include, by way of illustration and not of limitation, indications of physical or psychological trauma which are (a) well defined, (b) positively correlated or causally linked with the likelihood of traumatic emotional or mental distress on testifying, and (c) rarely, if at all, present in children who have not suffered child abuse, considering the combination or intensity present in the child at issue. The evidence described in this section shall be provided by competent witnesses, including but not limited to child psychologists, child psychiatrists and other qualified witnesses.

Miss. Code Ann. § 13-1-413 Court’s power to prohibit contact with child not affected by evidentiary provisions.

Sections 13-1-401 through 13-1-415 do not in any way affect any court’s power to order any person to refrain from contacting, or being in the presence of, any child.

Miss. Code Ann. § 13-1-415 Implementation of evidentiary provisions by rule.

The Mississippi Supreme Court may, by rule, provide procedures to implement Sections 13-1-401 through 13-1-415.