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Benchbook for Mississippi County Court Judges

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Benchbook for Mississippi County Court Judges Benchbook for Mississippi County Court Judges 2021 Copyright by Mississippi Judicial College The University of Mississippi School of Law Blank Page UNIVERSITY OF MISSISSIPPI LAW CENTER DEAN Susan Duncan MISSISSIPPI JUDICIAL COLLEGE BOARD OF GOVERNORS Judge Cynthia Lee Brewer, Chancery Court, Chair Bill Benson, Constituent Advisory Committee Representative Judge William A. Boykin, Justice Court Judge Virginia Carlton, Mississippi Court of Appeals Justice Robert P. Chamberlin, Mississippi Supreme Court Judge William J. Halford, Jr., Municipal Court Judge Edwin Hannan, County Court Judge Betty Sanders, Senior Status Judge Michael M. Taylor, Circuit Court DIRECTOR Randy G. Pierce ADDRESS Mississippi Judicial College University of Mississippi P.O. Box 1848 University, Mississippi 38677 TELEPHONE AND FACSIMILE Telephone: (662) 915-5955 Facsimile: (662) 915-7845 Blank Page FOREWORD The Benchbook for Mississippi County Court Judges is drafted in such a way as to easily facilitate the addition of new material, changes in the law, and make corrections as needed. To search for a word, phrase, or particular chapter within the Benchbook document, please press down the “Ctrl/Control” button and then press the “F” button, and a “Find” box will open. Simply type the word, phrase, or particular chapter’s name, such as “burden of proof” or “Chapter 16,” in the blank and press “Enter.” Click “Next” to move through the document. To return to the front of the Benchbook to conduct another search, please press the “Home” button. Any suggestions that you may have to further improve the style, format, presentation, or subject matter of the Benchbook should be addressed to: Mississippi Judicial College c/o Carole E. Murphey Research Counsel II P.O. Box 1848 University, MS 38677 E-mail: [email protected] Telephone: 662-915-5955 Fax: 662-915-7845 Blank Page TABLE OF CONTENTS TITLE CHAPTER GENERAL PROVISIONS The County Court . 1 Judicial Ethics. 2 Disqualification & Recusal. 3 Court Decorum & Maintaining Control Over Court Proceedings . 4 Contempt of Court . 5 In Personam Jurisdiction. 6 Venue . 7 Evidence . 8 Limitations of Actions . 9 Jury Selection Process. 10 Petit Jury & Jury Verdicts. 11 Procedures for a Batson Challenge & Hearing . 12 CIVIL PROCEEDINGS Contracts . 13 Intentional Torts . 14 Negligence Actions. 15 Mississippi Tort Claims Act . 16 i Partition of Personal Property. 17 Unlawful Entry & Detainer. 18 Replevin . 19 Claim & Delivery . 20 Eminent Domain . 21 CRIMINAL PROCEEDINGS Intervention Court. 22 Sentencing Options . 23 Driving Under the Influence . 24 Selected Criminal Offenses. 25 APPELLATE PROCEEDINGS Appeals to County Court. 26 Standards of Review . 27 OTHER PROCEEDINGS Protection from Domestic Abuse . 28 Expungements. 29 Paternity . 30 Termination of Parental Rights. 31 ii CHAPTER 1 THE COUNTY COURT Establishment of the County Courts. 1-1 County Court Subject Matter Jurisdiction . 1-2 General Jurisdiction - Civil & Criminal. 1-2 Criminal Jurisdiction . 1-3 Appellate Jurisdiction. 1-3 Civil Appeals . 1-3 Criminal Appeals . 1-4 Interlocutory Appeals. 1-6 Youth Court Jurisdiction . 1-6 Transfer of Jurisdiction . 1-9 To County Court - Civil Cases. 1-9 To County Court - Criminal Cases . 1-10 From County Court - Civil Cases . 1-10 County Court Powers & Authority. 1-11 Authority Vested by Court Rule . 1-11 Statutory Authority . 1-12 Court Process. 1-14 In Forma Pauperis . 1-14 Protection from Domestic Abuse Procedure . 1-17 Criminal Procedure . 1-21 i Inherent Authority . 1-29 Court Administration . 1-31 County Court Terms of Court. 1-32 County Court Judges . 1-32 Qualifications . 1-32 Requirements for Office. 1-32 How Elected. 1-33 Judicial Oath . ..
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