Mississippi Court Case Lookup
A court case in Mississippi is a legal proceeding in which one party (a person or organization) brings a dispute or allegation against another party in a court of law. The purpose of bringing the case to court is to have a judge or jury determine guilt or liability. A court case lookup can help interested members of the public obtain insight into a case by providing them access to court records generated during a proceeding.
There are eight distinct types of courts in the Mississippi Court System, each with a specific function within the judicial system. These courts also have defined jurisdictions. Hence, which court will hear a case depends on the parties involved, the nature of the dispute, and the amount involved in the case.
The Mississippi state court system consists of three distinct levels.
The Highest Level:
- The Mississippi Supreme Court is the highest court in the state. It hears appeals from Chancery and Circuit Courts and cases involving rate changes for public utilities. The Supreme Court also governs state court procedures.
Middle Level:
- Mississippi Court of Appeals: By hearing cases assigned by the Supreme Court, the Court of Appeals helps reduce the workload of the high court. Its decisions are final except for a few cases when appeals are made to the supreme court. This is why the Supreme Court hears all appeals involving elections, the death penalty, utility rates, annexations, bond issues, and constitutional challenges to existing laws.
The Lowest Level:
This level of the Mississippi Court System includes the Mississippi Circuit Courts, Mississippi County Courts, Mississippi Justice Courts, and Mississippi Municipal Courts.
- Circuit Court jurisdiction encompasses all felony cases, civil cases with damages exceeding $200,000, and appeals from various courts and tribunals. The case parties have the right to a trial by jury and also to appeal decisions.
- County Courts hear civil cases involving less than $50,000, criminal misdemeanors, and appeals from the justice and municipal courts.
- Justice Courts have jurisdiction over civil cases involving the recovery of debts, damages, or personal property not exceeding $1,000 and misdemeanors carrying one-year sentences or less or fines. The parties have the right to a jury trial and may file an appeal with the County or Circuit Court.
- Municipal Courts supervise violations of city ordinances, traffic laws, misdemeanor charges, and occasionally preliminary hearings for felony cases. This court does not use juries or recorded testimony, and typical punishments include fines or brief imprisonment. A municipal judge may also perform marriages.
Mississippi also has 2 separate sets of trial courts called Chancery Courts and the Youth or family court.
- Chancery Courts: Chancery courts typically review equitable disputes, family law matters, wills, guardianships, mental health issues, and constitutional challenges to state laws. Residents of Mississippi must also file land records with the Chancery Court. Rather than Circuit Courts, the Supreme Court (and frequently the Court of Appeals) hears appeals from Chancery Courts.
- Youth/Family Courts: The Youth or Family court hears cases involving children under the age of 18 involving delinquency, supervision needs, and abuse. This court is closed to the media and the general public, and its documents are sealed. If the crime is violent, the case may be transferred to circuit court and the defendant may be tried as an adult.
Are Court Cases Public Record in Mississippi?
The Mississippi Public Records Act (MPRA) empowers interested persons to access and obtain copies of public records. However, certain judicial records are exempted. In accordance with the Mississippi Constitution, the Mississippi Judiciary actively practices an open court system. In the Statement of Policy Regarding Openness and Availability of Public Records, the Mississippi Judiciary grants access to its records, including court records, to the general public. Among the records that may not be accessible to the public are those sealed by court order, those filed under seal, and those exempted by statute.
Information technology records such as source codes, IT infrastructure details, security plans, and authentication credentials are exempt from public inspection under the MPRA. There are also the personal details of law enforcement officers, judges, and their spouses.
The clerks of the court, who are the custodians of court records, may deny some record requests if granting them would disrupt court or judicial agency operations. They may also deny requests if the requested records are exempted by law or have the potential to reveal the security architecture and locations of judicial offices.
How to Conduct a Mississippi Court Case Lookup
The public can access information about criminal and civil cases heard in Mississippi Courts either online or by visiting the court that presided over the case.
Using the PAMEC Digital Portal, a person can search for court cases online. Those who wish to perform a Mississippi Court Case Lookup in person must visit the courthouse where the case was originally filed. At the court, the individual may search for the case themselves at no cost or request assistance from the clerk.
Can I Get Mississippi Court Case Documents Online?
Yes, case documents generated by Mississippi courts that are considered public records can be obtained online. A growing number of Chancery, Circuit, and County Courts use the Mississippi Electronic Courts system to electronically file trial court documents. Digital court documents can be accessed through the subscriber-based PAMEC digital portal referred to as the Mississippi Electronic Courts, or MEC. Requesters will be able to search case information through the public access portal, but they should be aware that this is a fee-based service. Individuals can locate court records by using the MEC and entering some or all of the following search criteria:
- Case number
- Date of filing
- Party name
- Type of case
To sign up on MEC, a $10.00 registration fee is required. After that, the requester will be charged $0.20 per page regardless of the number of pages viewed, printed, or downloaded. In the event that a search yields no results, the requester will be charged for only one page of data.
Aside from the MEC, the website of The State of Mississippi Judiciary, which contains all Supreme Court cases made available to the public, also offers online access to court records. A requester need only enter the county, specific court, and case number to gain access. In the event that the requester lacks the case number, entering the full name will suffice. Upon accepting the terms and conditions for accessing the records, the documents will then become accessible.
The Mississippi State Law Library's journals and law reviews are also accessible on the platform.
How to Conduct a Mississippi Court Case Search by Name
This is easily achievable through the Mississippi Electronic Courts, also known as MEC. A requester may also visit the courthouse where the case was heard, speak with the court clerk, and submit a request for the case of interest.
What is a Court Case Number?
A court case number is a unique identifier assigned by the court clerk's office to a legal proceeding. It appears on every official document associated with a case and is used to identify it throughout the court system (from filing to disposition). A case number may include letters, numbers, or special characters (such as a hyphen), and its format varies based on the court where the case was filed. The case number enables simple and unique identification of specific civil and criminal proceedings. It is used to identify the filing year, the filing office, and the judicial officer(s) to whom the case is assigned.
How to Conduct a Case Number Search in Mississippi
Case numbers, a set of unique numbers assigned to each case for identification, are retrievable if other information that can assist court clerks in locating a court record is available. A court record search can be facilitated by details such as the names of the parties involved, the court that heard the case, and the verdict. If the information provided by the requestor does not adequately describe the record in question, it will be difficult to locate the case number, and such requests may be denied. Alternatively, requesters can remotely query the MEC using other data to locate a court case number.
A requester desiring to visit the courthouse can use the Mississippi Court Directory to locate the address of the desired courthouse.
How to Remove Court Cases From Public Record in Mississippi
The courts are permitted by Mississippi law to expunge and destroy juvenile records. After an expungement, removed or sealed records will only be accessible by a court order.
In Mississippi, a person cannot apply for expungement of a conviction until they have completed their sentence. Before a person in Mississippi can remove a case from public view, the case must first be eligible for expungement.
In general, a petitioner is eligible to have their record expunged if the following conditions are met:
- The case was dismissed or the charges were dropped;
- They were the victim of identity theft or mistaken identity;
- They were found not guilty;
- They were arrested for a misdemeanor but not formally charged or prosecuted within 12 months of the arrest;
- They were arrested for a misdemeanor and the charges were dismissed;
- Their first time drug offense was dismissed and discharged.
There is no restriction on the number of dismissals and acquittals that can be expunged. Under Mississippi law, an individual with misdemeanor convictions or a single felony conviction may be eligible for an expungement. However, only one felony offense may be expunged. To be eligible for expungement, a felony conviction cannot include any of the following elements:
- First-degree arson;
- A crime of violence;
- Failure to register as a sex offender;
- Trafficking in controlled substances;
- A third, fourth, or subsequent driving under the influence (DUI);
- Felon in possession of a firearm;
- Witness intimidation;
- Abuse, neglect, or exploitation of a vulnerable person;
- Voyeurism;
- Embezzlement.
Requesting Expungement:
To apply for expungement, a petition must be physically filed in the court where the individual was charged. This is due to the fact that expungement forms for Mississippi are not available online.
In general, the expungement process consists of the following five steps:
- Preparation of the affidavit. The affidavit is a written declaration where the petitioner must inform the court of their moral rectitude since the commission of the offense. In addition, they should indicate whether they have any additional convictions or outstanding civil judgments.
- Obtaining two affidavits from unrelated community members who can attest to their good character and reputation.
- Submit the petition and supporting documents to the court clerk in the county where the petitioner was charged. Before any hearing on the petition, a person seeking expungement for a felony must provide written notice to the district attorney.
- Pay the $150.00 charge.
- Make duplicates of all documents and retain one as the petitioner.
Afterward, either a hearing will be held on the petition, or the court will notify the petitioner when a decision has been made.
It is important to note that the Mississippi Criminal Information Center (CIC) maintains a confidential file of expunged records, which the district attorney can access to determine whether a person is a first-time offender or not. The Office of the District Attorney also maintains a non-public record for law enforcement purposes.
How to Check a Court Case Status in Mississippi
Using the public case access tool, case parties and other interested parties can check the status of a court case online. Generally, a case number or party's name is required to access this tool. Alternatively, a person can check the status of their court case by visiting the courthouse.
A requester may also call the court clerk if a personal visit is not feasible. The Mississippi court directory includes courthouse addresses and the court clerk's phone number.
How to Find Supreme Court Decisions in Mississippi
According to the Mississippi Public Records Act (MPRA), Supreme Court Decisions are classified as public records and are therefore made available to the public, so interested members of the public can simply access them online. Requesters can search the database using a case number, case name, attorney's name, or case caption.
The Mississippi Supreme Court reviews the decisions of the Mississippi Court of Appeals and the chancery, circuit, and county courts.
What Percentage of Court Cases Go to Trial in Mississippi?
There are about half a million cases filed annually in Mississippi courts to resolve legal disputes. However, only a small percentage of these cases reach the trial phase. According to a publication by the American Judges Association, up to 97 percent of civil cases are resolved without a trial. While some of these cases are dismissed or otherwise resolved, the overwhelming majority are settled.
How Long Does a Court Case Last in Mississippi?
Typically, cases are decided within 270 days of the conclusion of the briefing. If a case is to be argued, the court will set a date for the argument and send notice to the attorneys.
How to File a Case in Court in Mississippi
Within the court system, "filing" refers to the initiation of an action to resolve a civil or criminal dispute using established legal procedures.
A plaintiff must complete the complaint form for the case. This document is known as a declaration or affidavit. The plaintiff may need to visit the courthouse to file the complaint and determine the filing fee amount, as courts typically establish varying filing fee amounts. Customarily, the Clerk's Office is located in the county where the defendant resides or where the cause of action originated.
In cases where the plaintiff cannot afford the filing and service fees, he or she may submit a pauper affidavit. The clerk will then provide free assistance. If the court determines later that the plaintiff is not a pauper, the case will be dismissed by the court. In a situation where the defendant was correctly served and the defendant fails to show up in court, the judge will grant a default judgment to the plaintiff.
If the defendant does not pay within 10 days of the court date, the plaintiff may place a credit alert on the defendant's credit report or file a second action to garnish wages. The Court Clerk can provide additional information about these processes. If the defendant was not at the provided address, the Clerk of Court will give the plaintiff time to provide a new address. The procedure may incur additional costs.
What Does It Mean if a Court Case Was Resolved Before the Trial Date?
If a court case was resolved before the trial date, it means that the court or case parties resolved the case in a manner other than a bench or jury trial. This alternate method might involve:
- Diversion program: A pre-trial sentencing procedure that allows a defendant in a less serious criminal case to avoid a structured trial and criminal conviction in exchange for the completion of a rehabilitation program and probation.
- Plea bargain: When a defendant pleads guilty in exchange for lenient sentencing or dismissal of certain charges.
- Dismissal: When a party requests or the court orders the dismissal of a case prior to trial. The court could also issue an order dismissing a case. If the rights of the defendant have been violated, this may be the case.
- Mutual compromise: If a case is settled between the two opposing parties prior to trial, it is considered resolved, and there will be no further proceedings.