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To: Military Affairs;
Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Osborne
HOUSE BILL NO. 375
AN ACT TO ESTABLISH THE RIGHT OF A DISABLED VETERAN TO 1
PROCEED ON APPEAL IN FORMA PAUPERIS IN CASES WHERE A JUDGMENT 2
CREDITOR SEEKS TO COLLECT A DEBT FROM FUNDS DERIVED FROM THE 3
VETERAN'S DISABILITY BENEFITS AND IN CASES WHERE THE VETERAN, AS A 4
DEFENDANT OR PLAINTIFF, HAS BEEN PERMITTED TO PROCEED IN FORMA 5
PAUPERIS IN THE TRIAL COURT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. (1) A disabled veteran judgment debtor sued in a 8
civil case in any court in the state by a creditor seeking to 9
collect a debt from funds of the disabled veteran which are 10
derived from disability benefits from the United States Department 11
of Veterans Affairs, Social Security Administration or any other 12
source who desires to appeal the decision of the trial court may 13
proceed on appeal in forma pauperis. The veteran defendant shall 14
file a motion for leave to proceed in forma pauperis in the trial 15
court, together with an affidavit establishing that the defendant 16
is a disabled veteran. If the motion is granted, the defendant 17
may so proceed without further application to any appellate court, 18
including the Mississippi Supreme Court, and without the 19
prepayment of fees or costs in either court. If the motion is 20
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denied, the trial court must state in writing the reasons for the 21
denial. 22
(2) Notwithstanding any provision of law to the contrary, a 23
disabled veteran who is a party defendant or plaintiff in any 24
action who has been permitted to proceed in forma pauperis in the 25
trial court may proceed on appeal in forma pauperis without 26
further authorization unless, either before or after notice of 27
appeal is filed, the trial court certifies that the party is no 28
longer disabled and is not entitled otherwise to proceed in forma 29
pauperis. The court shall state in writing the reasons for this 30
certification or finding. When an appeal is taken to the 31
Mississippi Supreme Court in forma pauperis, the certification of 32
compliance required by Rule 11(b)(1) of the Mississippi Rules of 33
Appellate Procedure must indicate that the appeal is taken in 34
forma pauperis. 35
(3) If a motion for leave to proceed on appeal in forma 36
pauperis is denied by the trial court, the trial court clerk 37
immediately must serve notice of the action. A motion for leave 38
so to proceed may be filed in the Mississippi Supreme Court within 39
thirty (30) days after service of notice of the action of the 40
trial court. The motion must be accompanied by a copy of the 41
affidavit filed in the trial court, or by the affidavit prescribed 42
by Rule 6(a)(1) of the Mississippi Rules of Appellate Procedure if 43
no affidavit has been filed in the trial court, and by a copy of 44
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ST: Disabled veterans; establish right to
appeal in forma pauperis in certain cases.
the statement of the reasons given by the trial court for its 45
action. 46
SECTION 2. This act shall take effect and be in force from 47
and after July 1, 2026. 48