2002 Regular Session
To: Judiciary A
By: Representative Smith (39th), Moore (60th), Cameron, Eakes, Rotenberry, Jennings, Chism, Nicholson, Lott, Davis, Formby, Robinson (84th), Robertson, Guice, Wells-Smith
AN ACT 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. 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 2. This act shall take effect and be in force from and after July 1, 2002.