House Bill 870

(As Passed the House)

AN ACT TO AMEND SECTION 11-51-85, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF DAYS A PARTY MAY APPEAL A JUSTICE COURT DECISION TO CIRCUIT COURT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-51-85, Mississippi Code of 1972, is amended as follows:

11-51-85. Either party may appeal to the circuit court of the county from the judgment of any justice court judge if appeal be demanded and bond given within * * *~~ten (10)~~ thirty (30) days after the rendition of the judgment. The party taking the appeal shall give bond with a sufficient surety, to be approved by the clerk of the justice court payable to the opposite party, in the penalty of double the amount of the judgment, or double the value of the property involved, and all costs accrued and likely to accrue in the case, and in no case to be less than One Hundred Dollars ($100.00), conditioned for the payment of such judgment as the circuit court may render against him; and the appeal, when demanded and bond given, shall operate as a supersedeas of execution on such judgment. Any defendant against whom a civil judgment may have been entered by a justice court judge who, by reason of his poverty, is not able to give bond may nevertheless appeal from such judgment on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment. The clerk of the justice court shall at once make up a transcript of the record and properly transmit the same to the clerk of the circuit court, within fifteen (15) days after the bond has been filed. In counties where there is a county court, appeals from justice courts shall be to the county court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.