Bill Text: MS SB2380 | 2023 | Regular Session | Engrossed
Bill Title: Supreme court; require to promulgate rules requiring the disclosure of all entities financially interested in litigation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-02-28 - Died In Committee [SB2380 Detail]
Download: Mississippi-2023-SB2380-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2380
(As Passed the Senate)
AN ACT TO CREATE NEW SECTION 9-3-40, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SUPREME COURT TO PROMULGATE RULES FOR THE COURTS OF THIS STATE REQUIRING THE DISCLOSURE OF PARTIES WHO OR WHICH ARE FINANCIALLY INTERESTED IN THE OUTCOME OF THE LITIGATION FOR THE PURPOSES OF PROVIDING A COURT WITH ADDITIONAL INFORMATION CONCERNING PARTIES WHOSE PARTICIPATION IN A CASE MAY RAISE A RECUSAL ISSUE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 9-3-40, Mississippi Code of 1972:
9-3-40. (1) In addition to the required information to be disclosed under any of judicial rules of court already existing, the supreme court shall promulgate rules to provide for the disclosure of any entity who or which is financially interested in the outcome of the litigation for the purposes of providing a court with additional information concerning parties whose participation in a case may raise a recusal issue.
(2) Under the rules promulgated under this section:
(a) Counsel and unrepresented parties shall furnish a certificate for all private nongovernmental parties which must certify a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities who or which are financially interested in the outcome of the litigation to the court. If a large group of persons or firms can be specified by a generic description, individual listing shall not be necessary.
(c) Each certificate shall also list the names of opposing law firms and/or counsel in the case.
(d) Each certificate shall list all persons known to counsel to be interested, on all sides of the case, whether or not represented by counsel furnishing the certificate.
(e) Counsel shall have the burden to ascertain and certify the true facts to the court.
(f) The certificate shall provide that the representations are made in order that the judges of this court may evaluate possible disqualification or recusal.
(g) Counsel and unrepresented parties shall supplement their certificates of interested persons whenever the information required to be disclosed changes.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.
