Highest Court
Supreme Court
The Supreme Court consists of 9
judges. It has jurisdiction over (1) Mandatory jurisdiction in civil, capital
criminal, criminal, administrative agency, juvenile, disciplinary, original
proceeding, and interlocutory decision cases. (2) Discretionary jurisdiction
in certified questions from federal court cases.
Intermediate Courts
Court of Appeals
The Court of Appeals consists of
10 judges. It has jurisdiction over (1) Mandatory jurisdiction in civil,
capital crime, administrative agency, juvenile, original proceeding, and
interlocutory decision cases assigned by the Supreme Court. (2) No discretionary
jurisdiction.
General Courts
Circuit Court
The Circuit Court consists of 48
judges. It has jurisdiction over (1) Tort, contract, real property rights
($200/no maximum), paternity, and civil appeals. (2) Felony, misdemeanors,
appeals, and miscellaneous criminal.
No jury trials are overseen by this court.
Chancery Court
The Chancery Court consists of 45
judges. It has jurisdiction over (1) Tort, contract, real property rights,
marriage dissolution, support/custody, paternity, estate, mental health,
and civil appeals. (2) Hears juvenile if no County Court. (3) Appeals on
record.
No jury trials are overseen by this court.
Limited Courts
County Court
The County Court consists of 24
judges. it has jurisdiction over (1) Tort, contract, real property rights
($0/$75,000), miscellaneous domestic relations, and civil appeals. (2)
Misdemeanor. (3) Juvenile. (4) Preliminary hearings.
No jury trials are overseen by this court.
Justice Court
The Justice Court consists of 191
judges. It has jurisdiction over (1) Tort, contract, and real property
rights ($0/$2,500). (2) Misdemeanor. (3) Preliminary hearings.
No jury trials are overseen by this court.
Municipal Court
The Municipal Court consists of
215 judges. It has jurisdiction over (1) Misdemeanor. (2) Traffic/other
violations.
No jury trials are overseen by this court.
Additional Information
Adjourning if the judge be absent
In the absence of the circuit judge
or chancellor, court shall stand adjourned. On the third day of continuous
absence, it shall stand adjourned by virtue of a written order by
the judge or chancellor. It may be adjourned by the clerk or sheriff
to any day of the term as the written order may direct and all parties,
witnesses, and jurors must attend accordingly. (MS Code§ 9-1-9)
Judge not to sit when interested
or related
A judge shall not preside over a
trial where either of the parties shall be connected by affinity or consanguinity,
if the case may hold some interest to the judge, or if the judge has been
of counsel. The only exemption is if the judge and both parties involved
consent to the said judge presiding.
(MS Code § 9-1-11).
Allowance for stationery
The circuit, chancery, and county
courts shall make a budget for the clerks' office and courtroom needs and
supplies that is to be certified to the board of supervisors. Be
aware that furniture purchases in an excess of $500 dollars a year
will not be allowed without first obtaining the approval of the board of
supervisors of the county. (MS Code § 9-1-37)
Civil docket
The Supreme Court clerk shall keep
a docket of all pending or to be pending civil cases and place them in
order as to when they were filed in the Supreme Court Clerk's office. (MS
Code § 9-3-19).
Issues of fact may be tried
Appeals presented to the Supreme
Court will be searched for all issues of fact necessary to the appeal's
disposition and prescribe what evidence may be produced before it on the
issue. (MS Code § 9-3-37)
Jurisdiction of the chancery
court, in general
The chancery court in addition
to the full jurisdiction in all the matters and cases expressly conferred
upon it by the constitution shall have jurisdiction of all cases transferred
to it by the circuit court or remanded to it by the supreme court; and
such further jurisdiction, as is, in this chapter or elsewhere, provided
by law. (MS Code § 9-5-81).
Judicial Advisory Study Committee.
Statute 9-21-21 of the Mississippi
Code outlines how the members of the Mississippi Judicial Advisory Study
Committee are chosen. (MS Code § 9-21-21)