Litigation Accountability Act
Mississippi · Civil Practice and Procedure · §§ 11-55-1 to 11-55-9 · 8 sections
Overview
The Litigation Accountability Act governs the imposition of financial responsibility on parties and their attorneys who abuse the civil litigation process. It authorizes a court to assess costs and attorney's fees against a party or counsel who brings a claim or defense without merit, causes unwarranted delay, or forces unnecessary proceedings, and it sets out the factors the court weighs in deciding whether to make an award and in fixing its amount. The act also defines its own terms, specifies the kinds of actions it reaches, and places express limits on when its fee-shifting provisions may be applied.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 154 court decisions.
Most-cited authority: 132 N.J. 546 - McKeown-Brand v. Trump Castle Hotel & Casino
Sections covered
- Miss. Code Ann. § 11-55-1Title35 cites
- Miss. Code Ann. § 11-55-11Application of chapter1 cite
- Miss. Code Ann. § 11-55-13Severability
- Miss. Code Ann. § 11-55-15Actions to which chapter applies2 cites
- Miss. Code Ann. § 11-55-3Definitions25 cites
- Miss. Code Ann. § 11-55-5Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings70 cites
- Miss. Code Ann. § 11-55-7Award of costs and attorney’s fees; amount of award; factors to consider21 cites
- Miss. Code Ann. § 11-55-9Limitations of chapter
Enacted in other states
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