2002 3rd Extraordinary Session
To: Select Senate Cmte on Civil Justice Syst
By: Senator(s) Turner, Smith
AN ACT TO AMEND SECTION 11-11-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR VENUE IN MEDICAL MALPRACTICE ACTIONS; 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. (1) Except as provided in subsection (2) of this section, civil actions of which the circuit court has original jurisdiction shall be commenced in the county in which the defendant or any of them may be found 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.
(2) Notwithstanding any other venue statute or law that may otherwise apply, except as provided in Section 11-46-13, any malpractice action for damages for injury or wrongful death against any health care provider as that term is defined in Section 11-1-59, even when such malpractice action is joined with other causes of action or includes one or more nonhealth care provider defendants, shall be brought in the county in which the alleged negligent act or omission regarding the malpractice of the health care provider is alleged to have occurred.
SECTION 2. This act shall take effect and be in force from and after January 1, 2003.