MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary A

By: Representative Norquist

House Bill 1303

AN ACT TO ALLOW AN ACTION FOR RELIEF TO BE BROUGHT AGAINST A DECEASED OR MENTALLY INCOMPETENT PERSON; TO REQUIRE SUCH ACTION TO BE INITIATED BEFORE THE EXPIRATION OF THE TIME LIMITATION APPLICATION TO THE CAUSE OF ACTION; TO PROHIBIT THE WITNESS TESTIMONY OF PERSONS INTERESTED IN AN ACTION OR PROCEEDING AGAINST A DECEASED PERSON OR HIS PERSONAL REPRESENTATIVE, HEIR AT LAW, ASSIGNEE, LEGATEE, DEVISEE OR SURVIVOR, OR A MENTALLY INCOMPETENT PERSON OR HIS REPRESENTATIVE REGARDING ORAL COMMUNICATION BETWEEN THE INTERESTED WITNESS AND THE DECEASED OR MENTALLY INCOMPETENT PERSON; TO BRING FORWARD SECTION 91-7-233, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  If any person, entity or corporation having a legal cause of action against a deceased or mentally incompetent person, nothing shall prohibit such person, entity or corporation from initiating an action for relief, provided that the action is initiated before the expiration of the time limitation applicable to the cause giving rise to such action.

     (2)  No person, entity or corporation interested in an action or proceeding against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, shall be examined as a witness regarding any oral communication between the interested person and the person who is deceased or mentally incompetent at the time of the examination.

     (3)  This section does not apply when:

          (a)  A personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or the assignee, committee, or guardian of a mentally incompetent person, is examined on his or her own behalf regarding the oral communication.

          (b)  Evidence of the subject matter of the oral communication is offered by the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or the assignee, committee, or guardian of a mentally incompetent person.

     (4)  For the purpose of this section, a "mentally incompetent person" is one who, because of mental illness, mental disability,  excessive use of drugs or alcohol or other mental incapacity, is incapable of either managing his or her property or caring for himself or herself, or both.

     SECTION 2.  Section 91-7-233, Mississippi Code of 1972, is brought forward as follows:

     91-7-233.  Executors, administrators, and temporary administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted.  They shall also be liable to be sued in any court in any personal action which might have been maintained against the deceased.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2011.