Monday, March 18, 2024

Jury Issue of Interest in Mississippi

 This case looks like a potential problem waiting to happen.  

City of Picayune v. Landry Lewis Germany Architects, P.A., 2022-CA-00909-SCT (Civil - Torts - MTCA)
Reversing a judgment against the City based on a claim that the City failed to volunteer information about a juror during voir dire in a civil trial to which the City was a party, holding: "A party litigant has no duty to party opposite to personally intervene during a trial to prevent a fraud on the court by a potential juror."
(9-0)

Thursday, March 14, 2024

Upcoming CLE

 

I'm looking forward to presenting at National Business Institute’s upcoming course, “Negotiating Injury Claims: Secrets and Insider Tips” on Wednesday, May 22, 2024. Register today at https://www.nbi-sems.com/ProductDetails/98463ER!

Use Promo Code FSPN50A at checkout to get $50 off. Hope to see you there.

Friday, March 8, 2024

Expunging A DUI in Mississippi


Under certain circumstances a DUI may be expunged in Mississippi.   Under 63-11-30 the requirements are below: 

 (13)Expunction.

(a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of and does not have pending any other offense of driving under the influence;
(v) Who has provided the court with justification as to why the conviction should be expunged; and
(vi) Who has not previously had a nonadjudication or expunction of a violation of this section.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a permanent confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility for expunction, for nonadjudication, or as a first offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.

Four situations in which an executor or administrator may petition the court for an order authorizing the sale of real property in Mississippi

 

There are four situations in which an executor or administrator may petition the court for an order authorizing the sale of real property:

pursuant to Miss. Code Ann. § 91-7-187 authorizing the sale of land, with due consideration given to the interests of the distributees, in preference to the personal property;

pursuant to Miss. Code Ann. § 91-7-189 authorizing the sale of land if a decedent had purchased land prior to his death and died before completing payment for it and the decedent’s personal property is not sufficient to pay the debt;

pursuant to Miss. Code Ann. § 91-7-191, if the executor or administrator determines that the personal property will not be sufficient to pay the debts and expenses of the estate; and

pursuant to Miss. Code Ann. § 91-7-261, if the executor or administrator determines that both the real and personal property will be insufficient to pay the debts of the estate.

Wednesday, March 6, 2024

Random Mississippi Statute of Interest

 

Chapter 17 - Suits to Confirm Title or Interest and to Remove Clouds on Title
§ 11-17-35. Title of complainant must be deraigned-and decrees, in certain cases, recorded as deeds

Universal Citation: MS Code § 11-17-35 (2020)

In bills to confirm title to real estate, and to cancel and remove clouds therefrom, the complainant must set forth in plain and concise language the deraignment of his title. If title has passed out of the sovereign more than seventy-five (75) years prior to the filing of the bill, then the deraignment shall be sufficient if it show title out of the sovereign and a deraignment of title for not less than sixty (60) years prior to the filing of the bill. A mere statement therein that complainant is the real owner of the land shall be insufficient, unless good and valid reason be given why he does not deraign his title. In all such cases, final decrees in the complainant's favor shall be recorded in the record of deeds, and shall be indexed as if a conveyance of the land from the defendant or each of them, if more than one, to the complainant or complainants, if more than one.

Wednesday, February 28, 2024

Deposition No-Nos

 

A party may be sanctioned for failing to answer a question.  M.R.C.P. 37(a)(2) ("If a deponent fails to answer a question ..., the discovering party may move for an order compelling an answer .... When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order."); M.R.C.P. 37(a)(4) ("If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust."); see also 8A Charles Alan Wright, Arthur R. Miller et al., Federal Practice and Procedure § 2116 (3d ed. 2010) ("An alternative method by which a court ruling upon the propriety of the examination may be obtained is by refusal of the witness to answer particular questions, thus provoking a motion under Rule 37(a) to compel an answer.... Although there is thus a substantial preference for requiring that deponents apply to the court for protection rather than simply refusing to answer questions, it is to be hoped that the courts will take a realistic view of the conduct of depositions rather than foreclose deponents' objections in response to motions to compel answers.").

Except for the purpose of preserving a privilege, the Mississippi Rules of Civil Procedure do not provide for counsel to instruct a witness not to answer a question at a deposition, even if the question is indeed objectionable. See M.R.C.P. 30. Objections should be made at the time of the deposition and "shall be noted upon the transcription or recording. Evidence objected to shall be taken subject to the objections." M.R.C.P. 30(c) ; see also Banks v. Office of the Senate Sergeant–at–Arms , 222 F.R.D. 1, 6 (D.D.C. 2004) ; Ethicon Endo–Surgery v. U.S. Surgical Corp. , 160 F.R.D. 98, 99 (S.D. Ohio 1995).


Tuesday, February 13, 2024

CLE

 I recently presented “Independent Medical Examinations: What They Don't Want You to Know” for National Business Institute, which you can now watch OnDemand! Use promo code FPDN50A at checkout to get $50 off your purchase. Check it out at https://www.nbi-sems.com/ProductDetails/97996SVDM!