House Bill 21

AN ACT TO AMEND SECTIONS 11-11-3, 11-11-5, 11-11-7, 11-11-11 AND 11-11-13, MISSISSIPPI CODE OF 1972, TO REVISE VENUE IN CIVIL 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, as amended by House Bill No. 2, Third Extraordinary Session 2002, is amended as follows:

11-11-3. (1) Civil actions of which the circuit court has original jurisdiction shall be commenced in the court district in which the defendant resides or in the county where the cause of action may occur or accrue and, if the defendant is a domestic corporation, in the court district in which said corporation is domiciled or in the court district 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 court district where the land or some part thereof is situated.

(2) Any action against a licensed physician, osteopath, dentist, nurse, nurse practitioner, physician assistant, psychologist, pharmacist, podiatrist, optometrist, chiropractor, institution for the aged or infirm, hospital or licensed pharmacy, including any legal entity which may be liable for their acts or omissions, for malpractice, negligence, error, omission, mistake, breach of standard of care or the unauthorized rendering of professional services shall be brought in the court district in which the alleged act or omission occurred.

(3) If a civil action is brought in an improper court district, such action may be transferred to the proper court district pursuant to Section 11-11-17.

SECTION 2. Section 11-11-5, Mississippi Code of 1972, is amended as follows:

11-11-5. Actions against any railroad, express, steamboat, power, superpower, telegraph or telephone corporation, or against individuals owning, managing, operating or controlling a railroad, express line or route, steamboat, power, superpower, telephone or telegraph line, or against any corporation or individuals owning, managing, operating or controlling a motor transportation line for the conveyance of passengers, freight or express, for hire, over the highways in the State of Mississippi, may be brought in the court district where the cause of action accrued or in the court district where the defendant has its principal place of business * * * at the time that the cause of action accrued.

SECTION 3. Section 11-11-7, Mississippi Code of 1972, is amended as follows:

11-11-7. Actions against insurance companies, groups of insurance companies or an insurance association may be brought in any court district in which a loss may occur, or, if on a life policy, in the court district in which the beneficiary resides, and process may be sent to any county, to be served as directed by law. Such actions may also be brought in the court district where the principal place of business of such corporation or company may be. In case of a foreign corporation or company, such actions may be brought in the court district where service of process may be had on an agent of such corporation or company or service of process in any suit or action, or any other legal process, may be served upon the Insurance Commissioner of the State of Mississippi, and such notice will confer jurisdiction on any court in any court district in the state where the suit is filed, provided the suit is brought in the court district where the loss occurred * * *.

SECTION 4. Section 11-11-11, Mississippi Code of 1972, is amended as follows:

11-11-11. Any civil action for the recovery of damages brought against a nonresident or the representative of the nonresident in the State of Mississippi may be commenced in the court district in which the action accrued * * *, except as otherwise provided by law.

SECTION 5. Section 11-11-13, Mississippi Code of 1972, is amended as follows:

11-11-13. The venue of an action for damages brought against a nonresident arising from his operation, either in person or by agent or employee, of a motor vehicle upon any public street, road, or highway of this state, or elsewhere in this state, shall be * * * in the court district where the cause of action accrued or where the plaintiff resides.

SECTION 6. This act shall take effect and be in force from and after its passage.