Bill Text: MS HB1390 | 2011 | Regular Session | Introduced
Bill Title: Justice court; specify dates to hear motions.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-02-01 - Died In Committee [HB1390 Detail]
Download: Mississippi-2011-HB1390-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A
By: Representative Banks
House Bill 1390
AN ACT TO AMEND SECTION 9-11-15, MISSISSIPPI CODE OF 1972, TO REQUIRE DESIGNATED DAYS TO HEAR MOTIONS 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. (1) 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.
(2) (a) In counties with a population of less than one hundred fifty thousand (150,000), each justice court shall designate at least one-half (1/2) day each month as a traffic court day, sufficient to handle the traffic violations docket of that court, and shall notify all appropriate law enforcement agencies of the date or dates. On the day or days so designated, the justice court shall give priority to all cases involving traffic violations.
(b) In counties with a population of one hundred fifty thousand (150,000) or more, each justice court shall designate at least one (1) day each month as a traffic court day, sufficient to handle the traffic violations of that court, and shall notify all appropriate law enforcement agencies of the date or dates. On the day or days so designated, the justice court shall give priority to all cases involving traffic violations. The one (1) day may be one (1) whole day or it may be divided into half days as long as one-half (1/2) day is held in the morning and one-half (1/2) day is held in the afternoon, in the discretion of the court.
(3) Each justice court judge shall designate at least two (2) days each month which shall be at least ten (10) days apart to hear motions before the court. If a motion is filed for a continuance in a case, the party filing the motion shall receive at least a ten-day continuance and the party filing the motion must be notified no less than five (5) days before a trial may begin if the motion for the continuance is the first filing of a motion for continuance in the case.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
