MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers

By: Representative Dedeaux

AN ACT TO AMEND SECTION 25-7-25, MISSISSIPPI CODE OF 1972, TO REVISE THE FILING FEE FOR CIVIL CASES IN JUSTICE COURT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-7-25, Mississippi Code of 1972, is amended as follows:

25-7-25. Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10.

(a) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, including levy of execution, attachment and garnishment, except as hereinafter stated, each...........$25.00

(b) For more than one (1) defendant, for service of process on each defendant...................................3.00

(c) For all services in connection with the issuance of a peace bond...............................................15.00

(d) For celebrating a marriage, and certificate thereof....................................................10.00

(e) Commission to take depositions...............5.00

(f) Appeal with proceedings and bond.............5.00

(g) A clerk's fee to be collected in all criminal cases in which the defendant is convicted, as follows:

(i) For all violations in Title 63 other than driving under the influence of intoxicating liquor or reckless driving.....................................................5.00

(ii) All other criminal cases..............10.00

(h) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.

SECTION 2. The Attorney General of the State of Mississippi is hereby directed to submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.