What are Mississippi Court Records?

Mississippi is home to an estimated 2.9 million residents and ranks as the 36th-most populous state in the United States. The state operates a two-tier appellate court system that examines decisions of law and facts made by the trial courts. Mississippi Trial Court comprises seven courts, while the Appellate Court has two courts. Several thousands of cases are filed and disposed of by the state's court system annually.

In Mississippi, court records include documents and information submitted or generated during court proceedings. Typically, they comprise documents submitted to the court to indict someone in a criminal case or file a complaint against an individual in a civil case. Other documents and information that make up a typical Mississippi court record include the following:

Case File

This contains official court paperwork for a case, including pleadings, indictments, motions, and pleadings.

Judgment and Order

This includes the directive of the court on any matter related to a case and the decision made by a judicial officer.

Docket

A summary of court proceedings with the complete history of a case

Evidence

Any proof submitted concerning a case at trial. It may be through exhibits, witnesses, or records.

Transcripts

A written record (word-for-word) of what was articulated at trial or other court engagements, including the spoken arguments of litigants' attorneys and the judge's decisions.

Brief

A written argument filed by a litigant's lawyer to support their client's case, stating why their claims should prevail.

Court Minutes

A written record of a court proceeding telling what happened during a court hearing, including stating the names of witnesses and attorneys that appeared, the motions made, and the court rulings.

Mississippi court records are largely open unless sealed by court orders or marked confidential by statutes per the state's Public Records Act. They are maintained by the clerks of court and available to the public upon request.

Types of Court Cases

The Mississippi court system generally has jurisdiction over two broad categories of court cases. These are civil and criminal cases.

Criminal Cases

Typically, criminal cases are initiated by the government against people or entities accused or alleged of committing a crime or violating a law. The accused person is referred to as the defendant, while the prosecutor represents the public interest. In any criminal case in Mississippi, the burden of proof is on the government (plaintiff). The public prosecutor must provide evidence to convince the court beyond a reasonable doubt that the defendant is guilty of a crime considered an act against the state.

If the defendant pleads guilty or is convicted by a jury or judge of the alleged crime after a trial, the judge will award a penalty, commonly known as a sentence. This may include paying a monetary fine or sentence, or both. The defendant may appeal the outcome of a criminal case after a trial if it does not favor them. Crimes commonly prosecuted as criminal cases in Mississippi are broadly classified as felonies and misdemeanors. Felonies are the more severe ones and attract harsher sentences. Examples include larceny, burglary, rape, assault, arson, and murder. On the other hand, misdemeanors are considered lesser crimes, and they include prostitution, petty theft, disorderly conduct, and driving under the influence (first and second offenses).

Civil Cases

Disputes between individuals, government bodies, or entities are generally considered civil cases in Mississippi. Such cases start when an individual or entity petitions the court to protect a civil or private right. In other words, one party (plaintiff) files a suit against another (defendant) in a court of law to either ask for a court. In a civil case, the decisions made by the court are based on preponderance of evidence. In simple terms, the plaintiff must present evidence that is more persuasive to the jury or judge than the defendant's to prove their case. Commonly filed civil cases in Mississippi include matters arising from personal injuries, adoptions, contract disputes, professional liability suits, landlord-tenant disputes, breach of warranty on consumer goods, and marriage dissolutions.

What Are the Different Courts in Mississippi?

Mississippi has a complex court structure, so it is important to know which court handles what case. The Justice Courts and the Municipal Courts are at the lowest level of the hierarchy and are where the largest percentage of the state's population encounters the judicial system. Mississippi's trial courts are the Chancery, County, and Circuit Courts, while the appellate courts include the Court of Appeals and the Supreme Court.

The different courts in Mississippi, in order of hierarchy from the highest to the lowest, are listed below:

Mississippi Supreme Court
Mississippi Court of Appeals
Circuit Courts
Chancery Courts
County Courts
Justice Courts
Drug Intervention Court
Municipal Courts
Youth Courts

Mississippi Trial Courts

The seven trial courts in Mississippi and the types of cases handled by each of them are discussed below:

Circuit Courts

Circuit Courts in Mississippi typically hear civil and felony criminal prosecution lawsuits. They have original jurisdiction over all criminal cases outside the exclusive jurisdiction of some other court within the state. Similarly, Mississippi County Courts exercise exclusive jurisdiction over civil matters where the amount in dispute exceeds $200 and over all matters arising under the state's constitution and laws that do not fall under the original jurisdiction of another court.

The Mississippi court system is divided into 23 Circuit Court districts, served by 57 Circuit Court judges. The state's Circuit Courts hear appeals from Municipal, County, and Justice Courts. They also hear appeals from administrative boards and commissions, such as the Mississippi Department of Employment Security and the Workers' Compensation Commission. While Circuit Court matters in Mississippi are typically heard before a 12-member jury, a Circuit Court judge may hear cases relating to disputes that are primarily a question of law without a jury.

Chancery Courts

Typically, trials in Mississippi Chancery Courts are heard by a chancellor without a jury. However, state law permits parties to a case to request a jury. Mississippi Chancery Courts have jurisdiction over matters regarding divorce, equity, adoption, wills, custody of a minor, trusts, and guardianship. Also, most real property cases in the state are under the purview of the Chancery Courts.

The 20 Chancery Court districts in Mississippi are overseen by 52 Chancery Court judges, who, at their discretion, may appoint attorneys in private practice to sit as youth court referees in juvenile matters like abuse, delinquency, and neglect. Generally, Mississippi Chancery Courts have jurisdiction over juvenile matters in counties with no County Courts.

Justice Courts

In Mississippi, misdemeanor criminal matters, small claims civil cases involving amounts in dispute up to $3,500, and any traffic offense that happens outside a municipality are under the Justice Courts' jurisdiction. The state currently has 82 Justice Courts and 198 Justice Court judges.

Municipal Courts

In Mississippi, misdemeanor charges, violations of city traffic laws, and violations of municipal ordinances are under the jurisdiction of the Municipal Courts. These courts also oversee preliminary hearings in felony matters, after which they send such cases to the grand jury. Violations of city ordinances handled by Mississippi Municipal Courts include building codes, animal control, health and sanitation, some DUI violations, fire prevention, and water and sewer regulations. Currently, there are 239 Municipal Courts in Mississippi.

County Courts

Not all counties in Mississippi have County Courts. These courts were created to assist the Circuit, Justice, and Chancery Courts in handling their high volume of cases. Typically, County Courts exist in counties with considerably higher populations in the state. Mississippi County Courts exercise exclusive jurisdiction over juvenile matters and all eminent domain cases. They share jurisdiction with Chancery and Circuit Courts in certain civil cases of law and equity where the amount in dispute does not exceed $200,000. In addition, a County Court may hear non-capital felony matters transferred from a Circuit Court.

Mississippi County Courts have concurrent authority with Justice Courts in all cases, criminal and civil. Their Judges may set bonds and issue warrants. Counties with a County Court in Mississippi include Desoto, Adams, Hinds, Rankin, Lee, Bolivar, Jones, Jackson, Coahoma, Harrison, Forrest, Yazoo, Warren, Madison, and Washington. The state has 24 County Courts with 34 County Court Judges.

Drug Intervention Courts

These are special courts created to address criminal offenses committed by individuals with substance (alcohol or drugs) abuse or addiction issues in Mississippi. They manage substance abuse problems by treating addiction head-on in a bid to curb offenders' criminal behaviors and rehabilitate non-violent drug offenders. Mississippi's Drug Courts are designed based on 10 key components of drug courts as published by the United States Department of Justice's Drug Court Program Office.

Soon after their arrests, potential Drug Court participants in Mississippi are subjected to supervision by Drug Courts and, upon acceptance, start an individually structured treatment program. This program typically runs between 13 to 36 months. While the Mississippi Drug Courts primarily target juvenile and adult substance addiction, certain individuals may be excluded from participating in Drug Court programs. These include drug dealers, persons currently being charged with burglary of occupied homes, and individuals with pending charges or prior convictions for violent offenses. Mississippi currently has 45 Drug Intervention Courts.

Youth Courts

Mississippi Youth Courts largely have jurisdiction over criminal and civil matters involving youths (individuals under 18 years). However, there is an exception. When a person younger than 18 commits a violent crime (known as a delinquent act), the Youth Court may have to transfer the case to a Circuit Court so the offender can be tried as an adult. Mississippi Youth Courts primarily handle matters involving child abuse or neglect, including mental, sexual, or physical abuse/neglect. They also deal with cases involving unruly children and those needing supervision.

In Mississippi, County Court judges in counties with County Courts also serve as Youth Court judges. In counties with no County Courts, the Chancery judges may handle Youth Court cases or may designate lawyers to act in a judicial capacity as Youth Court referees. Generally, Youth Courts are not open to the public or media, and their records are typically sealed.

Mississippi Appellate Courts

There are two appellate courts in Mississippi: the Supreme Court and the Court of Appeals.

Mississippi Supreme Court

The Mississippi Supreme Court is the state's highest appellate court and serves as the court of last resort. It has exclusive jurisdiction over certain appellate matters, meaning that no other appellate court in the state may review the decisions of the trial courts except the Supreme Court. The Mississippi Supreme Court exercises sole jurisdiction over appeals involving the following:

Death penalty cases
Bond issues
Annexations
Election contests
Constitutionality challenges
Disciplinary matters involving judges and attorneys
Utility rates
Certified questions from federal court
Cases of first impression
All other matters of broad public interest

Generally, matters appealed from Mississippi trial courts go directly to the Supreme Court. Any appeal that does not involve a matter over which the Supreme Court has exclusive jurisdiction may then be assigned to the state's Court of Appeals. Each Supreme Court Justice in Mississippi participates in deciding appeals from trial courts statewide, and decisions are by the court's majority vote.

Mississippi Court of Appeals

The Mississippi Court of Appeals is an error correction court, and it hears cases assigned to it by the state's Supreme Court. It was created to help speed appeals and relieve the Supreme Court of its large volume of cases. The Court of Appeals is considered an error correction court because it hears and decides appeals on cases (criminal and civil appeals) already settled by law but whose matters are in dispute. Although decisions made by the Mississippi Court of Appeals are final, the state's Supreme Court may still review them under certain conditions.

How Many Federal Courts Are in Mississippi?

The state has two federal courts, namely the United States District Court for the Northern District of Mississippi and the United States District Court for the Southern District of Mississippi. These courts hold jurisdiction over a matter under two major circumstances known as federal question jurisdiction and diversity jurisdiction. Federal question jurisdiction emerges when a case involves federal laws or the United States Constitution. Mississippi federal courts' diversity jurisdiction arises in civil cases involving citizens of different states when the amount in dispute is over $75,000. These courts also have jurisdiction over matters in which the federal government is a party within the state.

Judges serving on the United States District Courts for the Southern and Northern Districts of Mississippi serve lifetime terms. They are typically nominated by the United States President and confirmed by the U.S. Senate. While the Southern District has six judges, the Northern District is served by only three judges. Each federal district court in Mississippi has a special bankruptcy court that handles bankruptcy proceedings.

How Many Court Cases Are Filed Each Year in Mississippi?

According to the Supreme Court of Mississippi annual reports, an average of 642 new cases are filed with Mississippi appellate courts annually. While the Supreme Court disposes of about 270 cases yearly, the Court of Appeals disposes of 362 cases. On average, about 55,000 cases are filed with the Mississippi Chancery Courts annually, and at least 51,000 such cases are disposed of. Also, the Circuit Courts receive at least 17,500 civil case filings and dispose of about 16,900 criminal cases yearly. Similarly, over 26,000 civil cases are filed with the Mississippi County Courts annually.

How Do I Look Up Court Cases in Mississippi?

The Clerks of Courts are the official custodians of court records in Mississippi, and they make such records available to the public upon request. Typically, information such as the type of case, case number, filing date, names of parties involved, name of judge and attorneys, and dispositions will be required to look up a Mississippi court case or record.

Information on several court cases in Mississippi is available online through the Mississippi Electronic Courts System (MEC). While the system also allows case filings by authorized persons, individuals interested in viewing filed documents and case information only need their PAMEC login and password to be able to access the information required. A few counties, such as DeSoto County, Scott County, Jackson County, and Hinds County, also have online case inquiry resources that allow interested persons to look up court cases filed with the courts in those counties. Some third-party websites also provide access to Mississippi court records online. However, it is important to exercise caution when using their services, as they may not have up-to-date information.

Interested persons may also find information on court cases in Mississippi in person or by mail. For in-person requests, one will have to visit the clerk of court in the courthouse where a case was filed. The clerk should be able to locate and retrieve such records if the requester can provide the necessary information. Similarly, a mail request may be sent to the clerk of court in the court and county where a case was filed or heard to obtain case information or court records. However, it is often advised to contact the office of a clerk of court to know their preference before sending a mail request for public court records.

What Court Records Are Not Available to the Public in Mississippi?

While most court records are publicly available in Mississippi, certain court records are restricted from public disclosure either by law or if sealed upon request by a party to a legal proceeding. Typically, some court records are sealed or closed to the public by court order to prevent public access to certain sensitive, private, or confidential information. In many cases, personal/contact information of minors, juveniles, and vulnerable individuals, financial information, and mental health assessment reports in court records are usually exempt from public disclosure. Generally, juvenile records, adoption records, and divorce records may not be publicly available in Mississippi.