MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary A
By: Representative Reynolds
AN ACT TO AUTHORIZE CIRCUIT AND COUNTY COURTS TO ORDER CERTAIN CIVIL ACTIONS TO PROCEED AS EXPEDITED SMALL CLAIMS; TO PROVIDE THAT THIS ACT SHALL APPLY ONLY TO CERTAIN ACTIONS; TO PROVIDE FOR THE PROCEDURE TO HANDLE AN EXPEDITED SMALL CLAIM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The circuit and county courts may, in the exercise of their discretion, order certain civil actions to proceed as expedited small claims. Civil actions eligible for assignment include those filed in or transferred to those courts in which the sole relief sought is a money judgment and in which the total claims for all damages by or against any party are more than Five Thousand Dollars ($5,000.00) but less than One Hundred Thousand Dollars ($100,000.00) or are unspecified. The provisions of this section shall apply to all cases filed on or after July 1, 2012.
SECTION 2. (1) This act shall apply to civil actions filed in or transferred to circuit or county courts in which the sole relief sought is a money judgment and in which the total claims for all damages by or against any party are:
(a) More than Five Thousand Dollars ($5,000.00) but less than One Hundred Thousand Dollars ($100,000), exclusive of interest, costs, and attorney's fees, or
(b) Unspecified.
(2) Any complaint (or counterclaim or cross-claim) for which the amount of the claim does not exceed the dollar limitation of this act and is eligible for assignment as an expedited small claim.
(3) Upon service of an answer or reply to a counterclaim, the court, in its discretion, shall enter an order in each eligible case making the provisions of this act applicable in that case.
(4) Within thirty (30) days from service of an answer or reply to a counterclaim, or service of an order directing the case be litigated as an expedited small claim, whichever is later, a complaining party must serve on other parties the following:
(a) A detailed statement of the factual basis and a detailed statement of the legal theory for each claim.
(b) A detailed statement identifying each category of damages claimed, making available for inspection and copying as under M.R.C.P. 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such detailed statement is based.
(c) The name and, if known, the address and telephone number of each individual likely to have discoverable information that the complaining party may use to support its case, identifying the subjects of the information and identifying those individuals whom the party expects to present at trial and those whom the party may call if the need arises.
(d) A copy of, or, if furnishing a copy is not feasible, a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that may be relevant to the claims or defenses of any party. If a copy is not furnished, all evidence so identified (as well as all related written and other tangible evidence) shall be made available for an opposing party's inspection and copying as under M.R.C.P. 34 at the earliest reasonable time.
(e) If the claim includes damages for personal injury, an injury-specific medical authorization and release shall be immediately provided at the request of a defending party.
(5) Within a reasonable time of service of the required disclosures, the complaining party shall file with the court a certificate of compliance with this section. Disclosures, however, need not be filed until used with respect to any proceeding. Any evidence not disclosed in compliance with this section is presumptively inadmissible.
(6) Within the earlier of sixty (60) days from service of the disclosures required by this act or thirty (30) days prior to trial, a defending party must serve on other parties the following:
(a) A detailed statement of the factual basis and a detailed statement of the legal theory for each affirmative defense.
(b) The name and, if known, the address and telephone number of each individual likely to have discoverable information that the defending party may use to support its case, unless solely for impeachment, identifying the subjects of the information and identifying those individuals whom the party expects to present at trial and those whom the party may call if the need arises.
(c) A copy of, or, if furnishing a copy is not feasible, a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that may be relevant to the claims or defenses of any party. If a copy is not furnished, all evidence so identified (as well as all related written and other tangible evidence) shall be made available for an opposing party's inspection and copying as under M.R.C.P. 34 at the earliest reasonable time.
(d) Within a reasonable time of service of the required disclosures, the defending party shall file with the court a certificate of compliance with this section. Disclosures, however, need not be filed until used with respect to any proceeding. Any evidence not disclosed in compliance with this section is presumptively inadmissible.
(7) Unless the court otherwise orders:
(a) A party may demand in writing, for inspection and copying as under M.R.C.P. 34, any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.
(b) Pursuant to the Mississippi Rule of Civil Procedure, a party may take the deposition of:
(i) Any other party; and
(ii) Up to two (2) nonparties, limited in time to an aggregate of four (4) hours or less.
(c) The parties may serve up to ten (10) interrogatories on one another pursuant to M.R.C.P. 33.
(8) The parties may serve up to ten (10) requests for admission pursuant to M.R.C.P. 36.
(a) All discovery must be strictly completed within ninety (90) days from service of an answer by the applicable defendant. Additional time may be allowed with leave of court upon written motion setting forth manifest necessity for the extension.
(b) Notwithstanding any other provision of this act, any party may seek the issuance of subpoenas pursuant to M.R.C.P. 45 for attendance, production, or inspection for a trial or hearing.
(9) Each party must disclose: the identify of each person whom the party expects to call as an expert witness at trial; the subject matter on which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary of the grounds for each opinion; and a summary of the expert's qualifications and experience. The direct testimony of any expert shall be strictly limited to the opinions so set forth. Discovery depositions of experts shall not be permitted; however, an expert's trial testimony may be taken by deposition.
(a) Such disclosures shall be made promptly at the conclusion of discovery, but in no event later than sixty (60) days prior to trial, or, if the evidence is intended solely to contradict or rebut evidence on the same subject identified by another party, within thirty (30) days after disclosure by the other party.
(b) Any evidence not disclosed in compliance with this section is presumptively inadmissible.
(10) Promptly after discovery, but in no event later than thirty (30) days prior to trial, a party may supplement, with evidence which by due diligence could not have been discovered earlier, its lists of witnesses, documents, or other things. Any evidence not disclosed in compliance with this section is presumptively inadmissible.
(11) Any party may file any motion permitted by M.R.C.P. 12.
(a) A complaining party may move for a summary judgment pursuant to M.R.C.P. 56 to collect on an open account or other liquidated debt.
(b) Before the conclusion of discovery, a defending party may move for a summary judgment pursuant to M.R.C.P. 56 raising:
(i) An immunity defense;
(ii) A defense to a claim of professional malpractice; or
(iii) Any other matter constituting an avoidance or affirmative defense.
(c) Before the conclusion of discovery, the parties are expected to resolve discovery disputes, if any. If it is necessary to seek a ruling, the parties may initiate and the judge
may dispose of the matter in the most expeditious means available, such as by letter, telephone call or electronic mail.
(d) Neither additional discovery shall be due or obtained, nor additional motions not contemplated by this act shall be filed or heard, unless the parties stipulate thereto or the court has ordered otherwise based on the court's determination that such is necessary to obtain a fair, swift and cost-effective determination of the case.
(e) If a motion is denied, the court shall award the prevailing party the reasonable expenses incurred in attending the hearing of the motion and shall award attorney's fees.
(12) Objections to the authenticity of documents shall be made reasonably in advance of trial. Unless their authenticity is controverted, the following documents shall be presumed admissible and may be introduced in evidence at trial, provided the documents are disclosed in accordance with the requirements of this act and, where relevant, the name, address and telephone number of the author of the document is contained in the document or otherwise set forth:
(a) Any written contract between the parties;
(b) A copy of any billing statement or invoice prepared in the normal course of business;
(c) Copies of any correspondence between the parties, except documents inadmissible under Rule 408 of the Mississippi Rule of Evidence;
(d) Any document that would be admissible under Rule 803(6) of the Mississippi Rule of Evidence;
(e) A bill, report, chart, or record of a hospital, physician, dentist, nurse practitioner, physician's assistant, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead, or billhead or otherwise clearly identifiable as part of the provider's professional record;
(f) A bill for drugs, medical appliances or other related expenses on letterhead, or billhead or otherwise clearly identifiable as part of a provider's professional record;
(g) A bill for, or estimate of, property damage or loss on a letterhead or billhead. In the case of an estimate, the offering party shall notify the adverse party promptly, but in no event later than thirty (30) days prior to trial whether the property was repaired, in full or in part, and provide the actual bill showing the cost of repairs;
(h) A weather or wage loss report or standard life expectancy table to the extent it is relevant without need for authentication; and
(i) A photograph, videotape, X-ray, drawing, map, blueprint, or similar evidence to the extent it is relevant without the need for authentication.
The admission of a document under this subsection does not, in any manner, restrict argument or proof relating to the weight of the evidence admitted.
(13) After thirty (30) days from the filing of the final answer or responsive pleading, the court shall set the cause for trial.
(14) If the court, on its own motion or the motion of any party, determines that the provisions of this act are not appropriate for the case, it shall order that the case proceed in accordance with the other Mississippi Rules of Civil Procedure. A motion disputing or objecting to the applicability of this act shall ordinarily be filed with the complaint, answer, or reply. The movant shall simultaneously notice a hearing on such motion for the earliest practicable time. In ruling on the motion, the trial court shall consider, among other factors it deems relevant, the nature of the claim(s) and the defense(s), the existence of multiple claims or parties, the complexity of the case, and the need for the examination of a party pursuant to M.R.C.P. 35.
(15) A party may otherwise initiate the provisions of this act by motion. The movant shall simultaneously notice a hearing on such motion for the earliest practicable time. If opposed, the court shall rule on the motion. If the court orders the case to proceed as an expedited small claim, the court shall set forth a schedule for meeting the requirements of this act.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012, and shall stand repealed on July 1, 2015.