Damages in civil actions
All Initiatives   
Sponsor:
John R. McCarty
Address:
PO Box 13987
Jackson MS 39236-3987

Phone: (601) 352-7867

Subject Matter:
Damages in civil actions  (See Comments)

Proposed Ballot Title:
Should a non-prevailing party in any civil action be required by the Constitution to pay a prevailing party's attorneys' fees?

Proposed Ballot Summary:
This initiative would amend the Mississippi Constitution to require a non-prevailing party in a civil action to pay attorneys' fees to a prevailing party. A non-prevailing party could avoid liability for attorneys' fees only if he offers to allow judgment to be entered against himself for a specified amount, the prevailing party then rejects that offer but does not obtain more than that offer at the conclusion of the trial.

Original Filing:
N/A

Initiative Petition:
N/A

Status:
Expired

Town Meeting Location:
N/A

Initiative Information:
The official ballot title and ballot summary for an initiative measure are prepared by the Mississippi Attorney General’s Office. Initiative measures are valid for one year. During this one-year period, a petition may be circulated to place the measure on the next statewide general election ballot to allow the voters of Mississippi to determine whether the measure should become a part of the Mississippi Constitution. According to Mississippi law, for an initiative measure to be placed on the ballot, a minimum of 89,285 certified signatures must be gathered, with at least 17,857 certified signatures from each of the five congressional districts as they existed in the year 2000. This required number of signatures represents twelve percent (12%) of the total number of votes cast for Governor in the last gubernatorial general election. Signatures must be certified by county circuit clerks as belonging to registered voters in Mississippi. A completed petition should be filed with Secretary of State, together with a filing fee of $500.00. For more information on the initiative process in Mississippi, consult the Mississippi Constitution of 1890, Section 273, and Mississippi Code Annotated §§ 23-17-1 through 23-17-61 (1972).

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