2002 Regular Session
To: Judiciary A
By: Representative Reeves
AN ACT TO AMEND SECTION 11-1-17, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME FOR RENDITION OF A FINAL DECREE ON MATTERS TAKEN UNDER ADVISEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-1-17, Mississippi Code of 1972, is amended as follows:
11-1-17. All chancellors or judges of the chancery and circuit courts of the State of Mississippi shall render their final decree on any and all matters taken under advisement by such chancellors or judges not later than thirty (30) days after the date when same are taken under advisement or not later than thirty (30) days after the date on which the chancellors or courts or judges set as a date for the final brief or memoranda of authority is required to be filed on or as to the cause taken under advisement, whichever is the latest date after the date on which the cause or case is taken under advisement.
In the event a final decree has not been entered within the thirty-day period hereinbefore referred to, then any party to said law suit shall have the right to appeal on the record as otherwise provided the same as if a final decree has been rendered adversely. Said appeal shall be to the Supreme Court of the State of Mississippi and shall be treated as a preferred case over other cases except election contests.
If a final decree has not been entered within the thirty-day period, the Supreme Court shall charge the chancellor or judge with attorney's fees and costs involved. The chancellor or judge shall not take any action against a prevailing attorney who successfully receives a final decree as a result of following the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after its passage.