2002 Regular Session
To: Judiciary A
By: Representative Chism, Cameron, Formby, Jennings, Lott, Martinson, Moore (60th), Nicholson, Robertson, Robinson (84th)
AN ACT TO AMEND SECTION 11-11-3, MISSISSIPPI CODE OF 1972, TO CLARIFY VENUE; TO CREATE SECTION 11-11-61, MISSISSIPPI CODE OF 1972, TO ENACT CERTAIN LIMITATIONS ON JOINDER OF PLAINTIFFS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-11-3, Mississippi Code of 1972, is amended as follows:
11-11-3. Civil actions of which the circuit court has original jurisdiction shall be commenced in the county in which the defendant or any of them reside or in the county where the cause of action may occur or accrue and, if the defendant is a domestic corporation, in the county in which said corporation is domiciled or in the county where the cause of action may occur or accrue, except where otherwise provided, and except actions of trespass on land, ejectment and actions for the statutory penalty for cutting and boxing trees and firing woods and actions for the actual value of trees cut which shall be brought in the county where the land or some part thereof is situated. If a civil action is brought in an improper county, such action may be transferred to the proper county pursuant to Section 11-11-17.
SECTION 2. The following shall be codified as Section 11-11-61, Mississippi Code of 1972:
11-11-61. (1) In all civil actions for the recovery of damages brought in any court within the State of Mississippi by a resident or nonresident of the State of Mississippi, persons may not join as plaintiffs in one (1) action unless:
(a) They assert a common undivided interest in the claim against the defendant(s); or
(b) Their claims arose out of a single transaction or occurrence.
(2) If the application of this section, or of any portion of it, to any person or circumstance is held invalid, the invalidity shall not affect the application of this section to other persons or circumstances which can be given effect without the invalid provision or application.
(3) This section shall apply to any civil action pending or filed on or after July 1, 2002.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.