1997 Regular Session
To: Judiciary A
By: Representative Blackmon
House Bill 787
AN ACT TO AMEND SECTION 93-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF VENUE FOR CERTAIN CASES TO WHICH THE DEPARTMENT OF HUMAN SERVICES IS A PARTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-9-17, Mississippi Code of 1972, is amended as follows:
93-9-17. (1) An action under Sections 93-9-1 through 93-9-49 may be brought in the county where the alleged father is present or has property; or in the county where the mother resides; or in the county where the child resides. However, if the alleged father resides or is domiciled in this state, upon the motion of the alleged father filed within thirty (30) days after the date the action is served upon him, the action shall be removed to the county where the alleged father resides or is domiciled. If no such motion is filed by the alleged father within thirty (30) days after the action is served upon him, the court shall hear the action in the county in which the action was brought.
(2) Any action to determine paternity, support, enforcement or modification and to which the Department of Human Services is a party may, subsequent to filing in an appropriate court, be heard in any county by a court which would otherwise have jurisdiction. Sections 11-11-51 through 11-11-59 shall be deemed waived, and, upon written request by the Department of Human Services, the clerk of the court of the original county shall transfer the court file or allow it to be transferred without need for application to or approval by the court. Such written request will certify that the Department of Human Services has issued timely notification of the hearing in writing to all interested parties. Such written notice shall be entered into the court file by the clerk of the court. The action shall remain on the docket of the county in which the action was heard, subject to another such transfer.
SECTION 2. This act shall take effect and be in force from and after its passage.