Understanding Civil Court Records in Mississippi

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    Civil cases are legal matters brought to court by one or more parties intending to resolve a dispute, disagreement, or obtain a court order for specific performance. These are distinct from criminal cases, which involve the violation of criminal law, where the government, rather than private persons, files charges to punish wrongdoing.

    Civil court records in Mississippi are maintained by the judiciary and include all documents created and filed with the court clerk in connection with a civil case. The judiciary treats court records, including civil court records, with a presumption of openness, meaning that unless a record is restricted, the public may access its contents.

    Civil Court Record Statistics Reported by Mississippi Courts

    Civil court record statistics in Mississippi are compiled annually by the Administrative Office of Courts, with data gathered from trial courts through both electronic means (like the MEC system) and non-electronic methods (such as paper cover sheets). The Supreme Court then publishes these case statistics in its annual reports.

    Per the 2024 Annual Report, the total number of civil cases received by the Circuit Court for the calendar year was 22,362. Of these cases, 21,215 were closed by year's end, while 71,375 cases remained pending. For the County Court, 32,349 cases were filed, 29,011 cases were closed, and 72,317 were pending. The Youth Court handled 10,889 abuse cases, 27,382 neglect cases, and 16,773 delinquency cases. The Chancery Court was reported to have had 57,222 cases filed, with 60,275 cases closed, and 190,566 cases left pending. However, the report did not segregate between civil and criminal caseloads.

    How Civil Records Differ from Criminal Records in Mississippi

    Civil court records and criminal court records share similarities, but are distinct records within Mississippi's judicial system. Both records are official accounts of what transpired before the court, capturing every step of the legal process. However, they differ in the types of cases they document. Criminal court records document proceedings involving crimes, while civil court records document proceedings on non-criminal cases between parties. The table below highlights key differences between civil and criminal court records.

    Category

    Civil Court Record

    Criminal Court Record

    Nature of the case

    Private dispute between individuals or entities

    Violations of state or local criminal laws

    Burden of Proof

    Preponderance of the evidence

    Beyond a reasonable doubt

    Applicable Law

    Mississippi Rules of Civil Procedure

    Mississippi Rules of Criminal Procedure

    File Content

    Complaints, petitions, motions, court orders, judgments, settlements

    Charges, arrest warrants, verdicts, and sentencing details

    Structure of the Civil Court System in Mississippi

    Civil courts in Mississippi are an offshoot of the state's unified court system established by Article 6 of the Mississippi Constitution. Mississippi courts operate across multiple tiers, with assigned jurisdiction over different cases in the state. The Circuit Courts and Chancery Courts are the state's primary trial courts of general jurisdiction for civil matters. County Courts, Justice Courts, and Youth Courts have limited jurisdiction in civil cases. The Youth Court generally operates as a division of the County Court or the Chancery Court, depending on the county, as only 24 counties in the state have a County Court. The Mississippi Supreme Court and the Court of Appeals are appellate courts that review decisions made by trial courts.

    The table below provides details on the several courts in Mississippi and the type of civil cases they handle.

    Court

    Type of Civil Case

    Mississippi Chancery Courts
    • Court of general jurisdiction
    • Handles cases involving equity, family law, land disputes, and probate matters
    • Handles juvenile cases in counties without a County Court

    Mississippi Circuit Courts
    • Court of general jurisdiction
    • Hears personal injury, contract, and property claims
    • Hears appeals from County and Justice Courts, and administration boards and commissions (e.g, WCC and MDES)

    Mississippi County Courts
    • Shares civil jurisdiction with the Circuit and Chancery Courts for matters not exceeding $200,000 in financial value
    • Oversees eminent domain and juvenile cases

    Mississippi Justice Courts
    • Court of limited jurisdiction
    • Handles small claims cases not above $3,500

    Mississippi Youth Courts
    • Handles civil cases involving minors, such as abuse and neglect

    It is important to note that Mississippi does not have courts dedicated solely to civil matters, as the courts listed above also have jurisdiction over criminal cases. However, civil and criminal cases are governed by separate court rules and are subject to distinct legal procedures.

    Public Access to Civil Court Documents in Mississippi

    The Mississippi Public Records Act is the primary statute governing public record access in the state; however, the judiciary is not subject to the Act and has its own policies developed by the Supreme Court. Per the Supreme Court's Public Records Policy, all court records are presumed open for public inspection and copying except if a law, court rule, or court order prohibits access.

    Access is typically prohibited for records whose disclosure would unreasonably invade a person's privacy or reveal a confidential source. Examples of such confidential civil court records in Mississippi include

    • Records involving juveniles
    • Files that contain medical or mental health evaluations submitted as evidence
    • Adoption records
    • Sensitive financial or personal identifying data

    In instances where a record contains both confidential and public information, the court may redact only the sensitive portions, allowing public access to the remainder of the record.

    How to Lookup Mississippi Civil Court Records

    Each clerk of court serving a particular court in Mississippi is the official record custodian of the court, meaning all court records are filed with and preserved by the office. Individuals seeking a Mississippi civil court record can visit the clerk of court responsible for managing the record to submit a request. According to the Public Records Policy, requests for court records should be in written form, and relevant fees must be paid before the request is processed. The clerk is required to respond to the requester as soon as practicable, and no later than 14 business days after receipt.

    Requesters should be aware that a clerk is authorized to deny a request if processing it would substantially and unreasonably disrupt the court's routine operations. The request may also be rejected if the record is exempt under the Public Records Policy. Whatever the case may be, the reason for the denial will be communicated to the inquirer.

    Individuals may also access civil court records through the Mississippi Electronic Courts (MEC) system. Private persons and attorneys can use the system to access court records, with each group having different levels of access. To perform searches on the system, users will need to register an account and pay an annual subscription fee of $10. Once registered, researchers can select the relevant court and perform searches using criteria such as a party's name, case number, or filing date.

    Types of Civil Cases Filed in Mississippi Courts

    Mississippi civil cases encompass a broad range of legal matters and can generally be categorized into these groups:

    • Family Law: These matters fall under the jurisdiction of the Chancery Courts and include cases such as divorce, spousal support, adoption, and paternity.
    • Torts: These are legal issues arising from injury or harm due to negligence or intentional acts. Examples include medical malpractice, car accidents, and defamation. The District Court handles these cases.
    • General Contract Disputes: These involve cases related to a breach of contract or disagreements and may be handled by the Circuit, Chancery, or County Courts, depending on the jurisdiction and the amount involved.
    • Real Estate Disputes: The Chancery Court generally handles matters relating to real estate, including land title, easements, and boundary disputes.
    • Small Claims: These are disputes involving small amounts ($3,500 or less), including landlord-tenant conflicts, unpaid debts, and property damage.
    • Probate Cases: These generally revolve around the estate administration of a deceased person and are managed by the Chancery Courts.

    Information Captured in Mississippi Civil Court Files

    Mississippi civil court records contain all information relevant to a civil proceeding within the state's judicial system. Documents included in these records capture every stage of the case, from initial filing to court hearings and the case outcome. Generally, the following documents are contained in civil court records in the state:

    • Plaintiff, defendant, and attorney information
    • Complaints, petitions, and responses
    • Motions, subpoenas, and affidavits filed during the case
    • Evidence submissions
    • Case docket sheets
    • Hearing transcripts
    • Records of final judgments and settlements

    Retention and Archiving of Civil Court Records in Mississippi

    Court records in Mississippi are retained in accordance with state law and retention schedules made by the Mississippi Department of Archives and History (MDAH) and the Supreme Court. The retention schedule stipulates the least amount of time a court record may remain on file before disposal. Records fall into three categories: those that can be disposed of without MDAH approval, those that require MDAH consent, and those that must be retained permanently. For example, exhibits in civil cases may be disposed of 90 days after the final disposition without needing MDAH approval, according to the MDAH's Court Retention Schedule Chart.

    The following civil court records (including their retention periods) require MDAH approval before disposal.

    • Probated claims against estates - 10 years
    • Court reporter's notebooks, tapes, and transcripts - 5 years if inventoried, 6 years if not
    • Circuit/County Court closed civil case files - 10 years
    • Justice Court closed civil case files - 7.5 years
    • Youth Court records (except medical/mental exams) - At the court's discretion, with the MDAH's approval
    • Circuit/County docket books, minute books, abstract of judgment, judgment rolls - Permanent

    Court records may be digitized with approval from the county's Board of Supervisors. Once digitized and electronically stored, paper copies of the record can then be retained for a limited period before being disposed of.

    References and Official Resources