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H. B. No. 385 *HR26/R1412* ~ OFFICIAL ~ G3/5
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To: Judiciary A;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Watson
HOUSE BILL NO. 385
AN ACT TO AMEND SECTION 9-21-43, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE MONIES REMITTED BY THE CLERKS OF EACH CHANCERY AND CIRCUIT 2
COURT TO THE CIVIL LEGAL ASSISTANCE FUND TO BE ALLOCATED TO THE 3
MISSISSIPPI CENTER FOR LEGAL SERVICES; TO AMEND SECTIONS 25-7-9 4
AND 25-7-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE 5
COLLECTED BY THE CLERK OF EACH CHANCERY AND CIRCUIT COURT FOR 6
DEPOSIT INTO THE FUND TO FIFTEEN DOLLARS; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 9-21-43, Mississippi Code of 1972, is 10
amended as follows: 11
9-21-43. (1) There is * * * created in the State Treasury a 12
special fund designated as the Civil Legal Assistance Fund. 13
The * * * fund shall be administered by the Supreme Court through 14
the Administrative Office of Courts. The Administrative Office of 15
Courts may also accept monies from any public or private source 16
for deposit into the fund. Money remaining in the fund at the end 17
of a fiscal year shall not lapse into the State General Fund, and 18
any interest earned from the investment of monies in the fund 19
shall be deposited to the credit of the * * * fund. 20
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(2) All monies shall be allocated to only those 21
organizations providing legal services to low income 22
Mississippians. The fees collected by clerks of the chancery 23
court pursuant to Section 25-7-9 and clerks of the circuit court 24
pursuant to Section 25-7-13 to be deposited into the fund shall be 25
allocated to the Mississippi Center for Legal Services. 26
Furthermore, no monies from this fund shall be expended to provide 27
legal services in matters currently prohibited by the Legal 28
Services Corporation, Washington, D.C., and no funds shall be 29
expended on persons who are not financially eligible to receive 30
legal services as directed by the Legal Services Corporation, 31
Washington, D.C. 32
(3) The monies appropriated shall be distributed to eligible 33
legal services programs based on the percentage of poverty 34
population within the program service area, consistent with the 35
formula used by the Legal Services Corporation. 36
(4) Monies appropriated to the fund may be used to promote 37
increased participation by the private bar in the delivery of 38
legal services to the indigent through the Mississippi Volunteer 39
Lawyers Project. 40
(5) Recipients of funds shall have the following duties: 41
(a) To develop, operate and administer programs within 42
their respective service areas that provide free legal services to 43
indigent clients involved in civil matters; 44
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(b) To report annually to the Supreme Court, through 45
the Administrative Office of Courts, on its activities, including 46
providing a copy of its annual audit that accounts for the use of 47
the funds; and 48
(c) To refund annually all unused or uncommitted funds. 49
SECTION 2. Section 25-7-9, Mississippi Code of 1972, is 50
amended as follows: 51
[From and after January 1, 2024, and through December 31, 52
2027, this section shall read as follows:] 53
25-7-9. (1) The clerks of the chancery courts shall charge 54
the following fees: 55
(a) For the act of certifying copies of filed 56
documents, for each complete document................... $ 1.00 57
(b) (i) Recording each deed, will, lease, amendment, 58
subordination, lien, release, cancellation, order, decree, oath, 59
etc., per book and page listed where applicable, each deed of 60
trust, or any other document, for the first five (5) 61
pages................................................... $ 25.00 62
(ii) Each additional page............... $ 1.00 63
(c) (i) Recording oil and gas leases, cancellations, 64
etc., including indexing in general indices; for the first five 65
(5) pages............................................... $ 25.00 66
(ii) Recording each oil and gas assignment, 67
amendment of assignment, release, etc., first five (5) 68
pages................................................... $ 25.00 69
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per additional assignee................................. $ 18.00 70
(iii) Each additional page.............. $ 1.00 71
(iv) Sectional index entries per section or 72
subdivision lot......................................... $ 1.00 73
(v) Archive fee......................... $ 1.00 74
(vi) Entering marginal notations, if requested on 75
document or by cover letter, pertaining to the recording of any 76
oil and gas document only per book and page............. $ 4.00 77
(d) (i) Furnishing copies of any papers of record or 78
on file: 79
If performed by the clerk or his employee, 80
per page................................................ $ .50 81
If performed by any other person, 82
per page................................................ $ .25 83
(ii) Entering marginal notations on 84
documents of record..................................... $ 1.00 85
(e) For attending the board of supervisors' meeting, an 86
annual sum not exceeding................................ $ 2,500.00 87
(f) For other services as clerk of the board of 88
supervisors an allowance shall be made to him (payable 89
semiannually at the July and January meetings) out of the county 90
treasury, an annual sum not exceeding................... $ 5,500.00 91
(g) For each day's attendance on the chancery court, to 92
be approved by the chancellor: 93
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For the first chancellor sitting only, clerk and two (2) deputies, 94
each.................................................... $ 85.00 95
For the second chancellor sitting, clerk only........... $ 85.00 96
Provided that the fees herein prescribed shall be the total 97
remuneration for the clerk and his deputies for attending chancery 98
court. 99
(h) On order of the court, clerks and not more than two 100
(2) deputies may be allowed five (5) extra days for each term of 101
court for attendance upon the court to get up records. 102
(i) For public service not otherwise specifically 103
provided for, the chancery court may by order allow the clerk to 104
be paid by the county on the order of the board of supervisors, an 105
annual sum not exceeding................................ $ 5,000.00 106
(j) For each civil filing, to be deposited into the 107
Civil Legal Assistance Fund..................... $ * * * 15.00 108
The chancery clerk shall itemize on the original document a 109
detailed fee bill of all charges due or paid for filing, recording 110
and abstracting same. No person shall be required to pay such 111
fees until same have been so itemized, but those fees may be 112
demanded before the document is recorded. 113
(2) The following fee shall be a total fee for all services 114
performed by the clerk with respect to any civil case filed that 115
includes, but is not limited to, divorce, alteration of birth or 116
marriage certificate, removal of minority, guardianship or 117
conservatorship, estate of deceased, adoption that does not 118
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involve the Department of Child Protection Services, land dispute 119
injunction, settlement of small claim, contempt, modification, 120
partition suit, or commitment, which shall be payable upon filing 121
and shall accrue to the chancery clerk at the time of filing. The 122
clerk or his successor in office shall perform all duties set 123
forth without additional compensation or fee............ $ 85.00 124
(3) For every civil case filed: 125
(a) An additional fee to be deposited to the credit of 126
the Comprehensive Electronic Court Systems Fund established in 127
Section 9-21-14......................................... $ 10.00 128
(b) An additional fee to be deposited to the 129
credit of the Judicial System Operation Fund established in 130
Section 9-21-45......................................... $ 40.00 131
(4) Cost of process shall be borne by the issuing party. 132
Additionally, should the attorney or person filing the pleadings 133
desire the clerk to pay the cost to the sheriff for serving 134
process on one (1) person or more, or to pay the cost of 135
publication, the clerk shall demand the actual charges therefor, 136
at the time of filing. 137
(5) For each civil case filed including an adoption 138
involving the Department of Child Protection Services, the filing 139
shall be exempt from any fee under this section. 140
[From and after January 1, 2028, this section shall read as 141
follows:] 142
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25-7-9. (1) The clerks of the chancery courts shall charge 143
the following fees: 144
(a) For the act of certifying copies of filed 145
documents, for each complete document................... $ 1.00 146
(b) (i) Recording each deed, will, lease, amendment, 147
subordination, lien, release, cancellation, order, decree, oath, 148
etc., per book and page listed where applicable, each deed of 149
trust, or any other document, for the first five (5) 150
pages................................................... $ 25.00 151
(ii) Each additional page............... $ 1.00 152
(c) (i) Recording oil and gas leases, cancellations, 153
etc., including indexing in general indices; for the first five 154
(5) pages............................................... $ 25.00 155
(ii) Recording each oil and gas assignment, 156
amendment of assignment, release, etc., first five (5) 157
pages................................................... $ 25.00 158
per additional assignee................................. $ 18.00 159
(iii) Each additional page.............. $ 1.00 160
(iv) Sectional index entries per section or 161
subdivision lot......................................... $ 1.00 162
(v) Archive fee......................... $ 1.00 163
(vi) Entering marginal notations, if requested on 164
document or by cover letter, pertaining to the recording of any 165
oil and gas document only per book and page............. $ 4.00 166
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(d) (i) Furnishing copies of any papers of record or 167
on file: 168
If performed by the clerk or his employee, 169
per page................................................ $ .50 170
If performed by any other person, 171
per page................................................ $ .25 172
(ii) Entering marginal notations on 173
documents of record..................................... $ 1.00 174
(e) For attending the board of supervisors' meeting an 175
annual sum not exceeding................................ $ 5,000.00 176
(f) For other services as clerk of the board of 177
supervisors an allowance shall be made to him (payable 178
semiannually at the July and January meetings) out of the county 179
treasury, an annual sum not exceeding................... $10,000.00 180
(g) For each day's attendance on the chancery court, to 181
be approved by the chancellor: 182
For the first chancellor sitting only, clerk and two (2) 183
deputies, each.......................................... $ 85.00 184
For the second chancellor sitting, clerk only...... $ 85.00 185
Provided that the fees herein prescribed shall be the total 186
remuneration for the clerk and his deputies for attending chancery 187
court. 188
(h) On order of the court, clerks and not more than two 189
(2) deputies may be allowed five (5) extra days for each term of 190
court for attendance upon the court to get up records. 191
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(i) For public service not otherwise specifically 192
provided for, the chancery court may by order allow the clerk to 193
be paid by the county on the order of the board of supervisors, an 194
annual sum not exceeding................................ $ 5,000.00 195
(j) For each civil filing, to be deposited into the 196
Civil Legal Assistance Fund..................... $ * * * 15.00 197
The chancery clerk shall itemize on the original document a 198
detailed fee bill of all charges due or paid for filing, recording 199
and abstracting same. No person shall be required to pay such 200
fees until same have been so itemized, but those fees may be 201
demanded before the document is recorded. 202
(2) The following fee shall be a total fee for all services 203
performed by the clerk with respect to any civil case filed that 204
includes, but is not limited to, divorce, alteration of birth or 205
marriage certificate, removal of minority, guardianship or 206
conservatorship, estate of deceased, adoption that does not 207
involve the Department of Child Protection Services, land dispute 208
injunction, settlement of small claim, contempt, modification, 209
partition suit, or commitment, which shall be payable upon filing 210
and shall accrue to the chancery clerk at the time of filing. The 211
clerk or his successor in office shall perform all duties set 212
forth without additional compensation or fee............ $ 85.00 213
(3) For every civil case filed: 214
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(a) An additional fee to be deposited to the credit of 215
the Comprehensive Electronic Court Systems Fund established in 216
Section 9-21-14......................................... $ 10.00 217
(b) An additional fee to be deposited to the 218
credit of the Judicial System Operation Fund established in 219
Section 9-21-45......................................... $ 40.00 220
(4) Cost of process shall be borne by the issuing party. 221
Additionally, should the attorney or person filing the pleadings 222
desire the clerk to pay the cost to the sheriff for serving 223
process on one (1) person or more, or to pay the cost of 224
publication, the clerk shall demand the actual charges therefor, 225
at the time of filing. 226
(5) For each civil case filed including an adoption 227
involving the Department of Child Protection Services, the filing 228
shall be exempt from any fee under this section. 229
SECTION 3. Section 25-7-13, Mississippi Code of 1972, is 230
amended as follows: 231
25-7-13. (1) The clerks of the circuit court shall charge 232
the following fees: 233
(a) Docketing, filing, marking and registering each 234
complaint, petition and indictment....................... $ 85.00 235
The fee set forth in this paragraph shall be the total fee 236
for all services performed by the clerk up to and including entry 237
of judgment with respect to each complaint, petition or 238
indictment, including all answers, claims, orders, continuances 239
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and other papers filed therein, issuing each writ, summons, 240
subpoena or other such instruments, swearing witnesses, taking and 241
recording bonds and pleas, and recording judgments, orders, fiats 242
and certificates; the fee shall be payable upon filing and shall 243
accrue to the clerk at the time of collection. The clerk or his 244
or her successor in office shall perform all duties set forth 245
above without additional compensation or fee. 246
(b) Docketing and filing each motion to renew judgment, 247
notice of renewal of judgment, suggestion for a writ of 248
garnishment, suggestion for a writ of execution and judgment 249
debtor actions and issuing all process, filing and recording 250
orders or other papers and swearing witnesses............ $ 35.00 251
(c) For every civil case filed, an additional fee to be 252
deposited to the credit of the Comprehensive Electronic Court 253
Systems Fund established in Section 9-21-14.............. $ 10.00 254
(d) For every civil case filed, an additional fee to be 255
deposited to the credit of the Judicial System Operation Fund 256
established in Section 9-21-45........................... $ 40.00 257
(2) Except as provided in subsection (1) of this section, 258
the clerks of the circuit court shall charge the following fees: 259
(a) Filing and marking each order or other paper and 260
recording and indexing same.............................. $ 2.00 261
(b) Issuing each writ, summons, subpoena, citation, 262
capias and other such instruments........................ $ 1.00 263
(c) Administering an oath and taking bond..... $ 2.00 264
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(d) Certifying copies of filed documents, for each 265
complete document........................................ $ 1.00 266
(e) Recording orders, fiats, licenses, certificates, 267
oaths and bonds: 268
First page.......................................... $ 2.00 269
Each additional page................................ $ 1.00 270
(f) Furnishing copies of any papers of record or on 271
file and entering marginal notations on documents of record: 272
If performed by the clerk or his or her employee, 273
per page................................................. $ 1.00 274
If performed by any other person, per page.......... $ .25 275
(g) Judgment roll entry....................... $ 5.00 276
(h) Taxing cost and certificate............... $ 1.00 277
(i) For taking and recording application for marriage 278
license, for filing and recording consent of parents when required 279
by law, for filing and recording medical certificate, filing and 280
recording proof of age, recording and issuing license, recording 281
and filing returns....................................... $ 35.00 282
The clerk shall deposit Fourteen Dollars ($14.00) of each fee 283
collected for a marriage license in the Victims of Domestic 284
Violence Fund established in Section 93-21-117, on a monthly 285
basis. 286
(j) For certified copy of marriage license and search 287
of record, the same fee charged by the Bureau of Vital Statistics 288
of the State Board of Health. 289
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(k) For public service not particularly provided for, 290
the circuit court may allow the clerk, per annum, to be paid by 291
the county on presentation of the circuit court's order, the 292
following amount......................................... $5,000.00 293
However, in the counties having two (2) judicial districts, 294
such above allowance shall be made for each judicial district. 295
(l) For drawing jurors and issuing venire, to be paid 296
by the county............................................ $ 5.00 297
(m) For each day's attendance upon the circuit court 298
term, for himself or herself and necessary deputies allowed by the 299
court, each to be paid by the county..................... $ 85.00 300
(n) Summons, each juror to be paid by the county upon 301
the allowance of the court............................... $ 1.00 302
(o) For issuing each grand jury subpoena, to be paid by 303
the county on allowance by the court, not to exceed Twenty-five 304
Dollars ($25.00) in any one (1) term of 305
court.................................................... $ 1.00 306
(p) For each civil filing, to be deposited into the 307
Civil Legal Assistance Fund...................... $ * * * 15.00 308
(3) On order of the court, clerks and deputies may be 309
allowed five (5) extra days for attendance upon the court to get 310
up records. 311
(4) The clerk's fees in state cases where the state fails in 312
the prosecution, or in cases of felony where the defendant is 313
convicted and the cost cannot be made out of his or her estate, in 314
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an amount not to exceed Four Hundred Dollars ($400.00) in one (1) 315
year, shall be paid out of the county treasury on approval of the 316
circuit court, and the allowance thereof by the board of 317
supervisors of the county. In counties having two (2) judicial 318
districts, such allowance shall be made in each judicial district; 319
however, the maximum thereof shall not exceed Eight Hundred 320
Dollars ($800.00). Clerks in the circuit court, in cases where 321
appeals are taken in criminal cases and no appeal bond is filed, 322
shall be allowed by the board of supervisors of the county after 323
approval of their accounts by the circuit court, in addition to 324
the above fees, for making such transcript the rate of Two Dollars 325
($2.00) per page. 326
(5) The clerk of the circuit court may retain as his or her 327
commission on all money coming into his or her hands, by law or 328
order of the court, a sum to be fixed by the court not exceeding 329
one-half of one percent (1/2 of 1%) on all such sums. 330
(6) For making final records required by law, including, but 331
not limited to, circuit and county court minutes, and furnishing 332
transcripts of records, the circuit clerk shall charge Two Dollars 333
($2.00) per page. The same fees shall be allowed to all officers 334
for making and certifying copies of records or papers which they 335
are authorized to copy and certify. 336
(7) The circuit clerk shall prepare an itemized statement of 337
fees for services performed, cost incurred, or for furnishing 338
copies of any papers of record or on file, and shall submit the 339
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ST: Civil Legal Assistance Fund; increase
certain fees for deposit into and require those
monies to be allocated to the Mississippi Center
for Legal Services.
statement to the parties or, if represented, to their attorneys 340
within sixty (60) days. A bill for same shall accompany the 341
statement. 342
SECTION 4. This act shall take effect and be in force from 343
and after July 1, 2026. 344