2006 Regular Session
To: Judiciary B
By: Representative Gunn, Fleming
AN ACT TO PROVIDE FOR THE ABANDONMENT OF ACTIONS IN TRIAL AND APPELLATE COURTS; TO PROVIDE FOR A MOTION TO SET ASIDE A DISMISSAL; TO PROVIDE FOR AN APPEAL OF AN ORDER OF DISMISSAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three (3) years, unless it is a succession proceeding:
(a) Which has been opened;
(b) In which an administrator or executor has been appointed; or
(c) In which a testament has been probated.
(2) This provision shall be operative without formal order, but, on motion of any party or other interested person by affidavit which provides that no step has been taken for a period of three (3) years in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment. The sheriff shall serve the order and shall execute a return.
(3) A motion to set aside a dismissal may be made in accordance with the Mississippi Rules of Civil Procedure. If the trial court denies a timely motion to set aside the dismissal, the clerk of the court shall give notice of the order of denial and shall file a certificate of such order.
(4) An appeal of an order of dismissal may be taken in accordance with the Mississippi Rules of Appellate Procedure. An appeal of an order of denial may be taken only within sixty (60) days of the date of the clerk's mailing of the order of denial.
(5) Any formal discovery served on all parties whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.
(6) An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006, and shall apply only to causes of action accruing on or after that date.