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Case 1:04—cv—01560-JFC Document 18-13 Filed 05/26/2005 Page 1 of 3
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MS ST§ ll-11-3 Page]
Miss. Code Ann. § l 1-l 1-3
C . . .
West's Annotated Miss1ss1pp1 Code Currentness
Title ll. Civil Practice and Procedure
RE Chapter 1 l. Venue of Actions
Rj In General ·
-•§ ll-11-3. Proper county; transfers; considerations; limitations waiver
(l)(a)(i) Civil actions of which the circuit court has original jurisdiction shall be cornrnenced in the county where
the defendant resides, or, if a corporation, in the cormty of its principal place of business, or in the county where a
substantial alleged act or omission occurred or where a substantial event that caused the injury occurred.
(ii) Civil actions alleging a defective product may also be commenced in the county where the plaintiff obtained
the product.
(b) If venue in a civil action against a nonresident defendant cannot be asserted under paragraph (a) of this
subsection (1), a civil action against a nonresident may be commenced in the county where the plaintiff resides or
is domiciled.
(2) In any civil action where more than one (l) plaintiff is joined, each plaintiff shall independently establish proper
venue; it is not sufficient that venue is proper for any other plaintiff joined in the civil action.
(3) Notwithstanding subsection (l) of this section, any action against a licensed physician, osteopath, dentist, nurse,
nurse-practitioner, physician assistant, psychologist, pharmacist, podiatrist, optometrist, chiropractor, institution for
the aged or infirm, hospital or licensed pharmacy, including any legal entity which may be liable for their acts or
omissions, for malpractice, negligence, error, omission, mistake, breach of standard of care or the imauthorized
rendering of professional services shall be brought only in the county in which the alleged act or omission occurred.
- (4)(a) If a court of this state, on written motion of a party, fmds that in the interest of justice and for the convenience
of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a
different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine
of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the
court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different
county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining
whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the
court shall give consideration to the following factors:
(i) Relative ease of access to sources of proof;
(ii) Availability and cost of compulsory process for attendance of rmwilling witnesses;
(iii) Possibility of viewing of the premises, if viewing would be appropriate to the action;
(iv) Unnecessary expense or trouble to the defendant not necessary to the plaintiffs own right to pursue his
remedy;
(v) Administrative difficulties for the forum coruts;
(vi) Existence of local interests in deciding the case at home; and
(vii) The traditional deference given to a plaintiffs choice of fortun.
© 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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Case 1 :04—cv—01560-JFC Document 18-13 Filed 05/26/2005 Page 3 of 3
MS ST§ ll-ll-3 Page2
Miss. Code Ann. § ll-11-3
(b) A court may not dismiss a claim under this subsection until the defendant files with the court or with the clerk
ofthe court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the
defendants waive the right to assert a statute of limitations defense in all other states of the United States in which
the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling
of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the
date the claim is dismissed.
CREDIT(S)
Laws 1940, Ch. 248, § 1; Laws 1984, Ch. 429, § 1, eff July 1, 1984. Amended by Laws 2002, 3rd Ex.Sess.. Ch.
; Laws 2002, 3rd Ex.Sess.. Ch. 4, § 1. eff January 1. 2003; Laws 2004, lst Ex. Sess.,
Ch. 1, § l, eff September 1, 2004.
DATE EFFECTIVE AND APPLICATION _
by Laws 2004, lst Ex. Sess., Ch. 1. This section was amended by § 1 of Laws 2004, lst Ex. Sess., Ch. I.
Section 19 of Laws 2004, Ist Ex. Sess., Ch. 1 is a severability provision. Section 20 of Laws 2004, lst Ex.
Sess., Ch. 1 provides:>
<"Sections 8 through 15 of this act shall take effect and be in force from and after January 1, 2007; the
remainder of this act shall take effect and be in force from and at`ter September 1, 2004, and Sections 1
through 7 of this act shall apply to all causes of action filed on or after September 1, 2004.">
HISTORICAL AND STATUTORY NOTES
This section was amended by Laws 2002, 3rd Ex.Sess., Ch. 2, § 1, ef`f`ective January 1, 2003. As so amended this
section read:
"(1) Civil actions of which the circuit court has original jurisdiction shall be commenced in the county in which the
defendant or any of them may be found or in the county where the cause of action may occur or accrue and, if the
defendant is a domestic corporation, in the county in which said corporation is domiciled or in the county where the
cause of action may occur or accrue, except where otherwise provided, and except actions of trespass on land,
ejectment and actions for the statutory penalty for cutting and boxing trees and firing woods and actions for the
actual value of trees cut which shall be brought in the county where the land or some part thereof is situated.
"(2) Any action against a licensed physician, osteopath, dentist, nurse, nurse practitioner, physician assistant,
psychologist, pharmacist, podiatrist, optometrist, chiropractor, institution for the aged or infirm, hospital or licensed
pharmacy, including any legal entity which may be liable for their acts or omissions, for malpractice, negligence,
error, omission, mistake, breach of standard of care or the unauthorized rendering of professional services shall be
brought in the county in which the alleged act or omission occurred.
"(3) If a civil action is brought in an improper county, such action may be transferred to the proper coimty pursuant
to Section 11-1 1-17."
The 2002iamendment by Laws 2002, 3rd Ex.Sess., Ch. 4, effective January 1, 2003, rewrote par. (1), which had
read:
"Civil actions of which the circuit court has original jurisdiction shall be commenced in the county in which the
defendant or any of them may be found or in the county where the cause of action may occur or accrue and, if the
defendant is a domestic corporation, in the county in which said corporation is domiciled or in the county where the
cause of action may occur or accrue, except where otherwise provided, and except actions of trespass on land,
ejectment and actions for the statutory penalty for cutting and boxing trees and firing woods and actions for the
actual value of trees cut which shall be brought in the county where the land or some part thereof is situated".
The amendment by Laws 2002, 3rd Ex.Sess., No. 4 also deleted par. (2), relating to actions against certain health
© 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
USG B 0379