statute of limitation defense in Mississippi

2012The Mississippi Supreme Court has held that “there is one classic instance when the doctrine of forum non conveniens will never be applied, and that is to dismiss a case if it is barred elsewhere by a statute of limitations, unless or until the defendant is willing to stipulate that he will waive the statute of limitation defense.” Shewbrooks v. A.C. & S., Inc., 529 So.2d 557, 562 (Miss.1988) (superceded by statute on other grounds).

2006This is because "there is one classic instance when the doctrine of forum non conveniens will never be applied, and that is to dismiss a case if it is barred elsewhere by a statute of limitations, unless or until the defendant is willing to stipulate that he will waive the statute of limitation defense." Shewbrooks, 529 So.2d at 562 (emphasis added). ¶ 35.

2012Our supreme court further noted that “[t]o insure an alternative forum is available, the overwhelming authority in this country requires a defendant to waive the statute of limitations before the court will grant a forum non conveniens transfer.” Id. (emphasis added). 2 Moreover, “[federal district courts of this state, as a condition precedent to sustaining a forum non conve-niens transfer motion, require the defendant to waive any statute of limitations defense.” Id. at 563 (citing Tisdale v. Stone & Webster Corp., 595 F.Supp. 1016, 1020 (S.D.Miss.1984)).

1992See Rule 8(c), Miss.R.Civ.P. (1982), as amended; Thompson v. State, 54 Miss. 740, 743 (1877) ["(I)n civil suits ... the Statute of Limitations must be pleaded; and, if not specially pleaded, it is held to be waived." Mississippi has not directly addressed whether the statute of limitation defense in a criminal case is jurisdictional and when, if at all, it may be waived.