House Bill 365

AN ACT TO AMEND SECTION 9-11-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JUSTICE COURTS SHALL NOT CONDUCT JURY TRIALS; TO REPEAL SECTIONS 11-9-143, 11-9-145 AND 11-9-147, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR JURY TRIALS IN JUSTICE COURT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-11-15, Mississippi Code of 1972, is amended as follows:

9-11-15. Justice court judges shall hold regular terms of their courts, at such times as they may appoint, not exceeding two (2) and not less than one (1) in every month, at the appropriate justice court courtroom established by the board of supervisors; and they may continue to hold their courts from day to day so long as business may require; and all process shall be returnable, and all trials shall take place at such regular terms, except where it is otherwise provided; but where the defendant is a nonresident or transient person, and it shall be shown by the oath of either party that a delay of the trial until the regular term will be of material injury to him, it shall be lawful for the judge to have the parties brought before him at any reasonable time and hear the evidence and give judgment or where the defendant is a nonresident or transient person and the judge and all parties agree, it shall be lawful for the judge to have the parties brought before him on the day a citation is made and hear the evidence and give judgment. Such court shall be a court of record, with all the power incident to a court of record, including power to fine in the amount of fine and length of imprisonment as is authorized for a municipal court in Section 21-23-7(11) for contempt of court, but such court shall not conduct jury trials.

SECTION 2. Sections 11-9-143, 11-9-145 and 11-9-147, Mississippi Code of 1972, which provide for trial by jury in justice court, are repealed.

SECTION 3. This act shall take effect and be in force from and after July 1, 2007.