Mississippi Code
Miss. Code Ann. § 11-1-16 (2026)
Proceedings in vacation; jurisdiction and authority of judge
✓ current as of July 2026
- (1) Notwithstanding the provisions of any other law to the contrary, the judge of any circuit, chancery, county, youth or family court or any other court of record shall, in vacation, and in the same manner as at a regular term, have jurisdiction to hear and determine and make and enter judgments, orders and decrees in all cases, civil or criminal, which are pending in the court and which were triable at the preceding term. Parties and witnesses duly summoned, subpoenaed or bound by recognizance at the preceding term shall be bound to attend without the necessity of additional process. Petit juries may be impaneled in such cases in the same manner as in termtime. All judgments, orders and decrees which the judge may render or make in such cases tried shall be signed by him and thereupon be entered and recorded on the minute book of the court in which the case or matter is pending, and shall have the same force and effect as if made, entered and recorded in termtime. Appeals may be had and taken therefrom when so entered and recorded, as in other cases, in like manner as is provided by law when cases are tried in termtime.
- (2) The provisions of this section shall be supplemental and in addition to all other jurisdiction and authority which the judge of any such court may lawfully exercise in vacation or at a special term.
Laws, 1983, ch. 388, eff. 3/23/1983.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1986–2021 · leading case: Ducote v. State, 970 So. 2d 1309 (Miss. Ct. App. 2007).
Ducote v. State, 970 So. 2d 1309 (Miss. Ct. App. 2007). “However, this holding does not impact the ability of a circuit court to rule on motions which are pending at the end of the term of court, as these are allowed under Mississippi Code Annotated section 11-1-16 (Rev.2002). Id. Nor does this holding apply to URCCC 10.”
Presley v. State, 792 So. 2d 950 (Miss. 2001). “With respect to the term of court issue, we find Miss.Code Ann. § 11-1-16 (1991) clearly gives a circuit court authority to consider a pending motion after a term has ended.”
Ivory v. State, 999 So. 2d 420 (Miss. Ct. App. 2009). “However, this holding does not impact the ability of a circuit court to rule on motions which are pending at the end of the term of court, as these are allowed under Mississippi Code Annotated section 11-1-16 (Rev.2002). Id. Nor does this holding apply to URCCC 10.”
Owens v. State, 17 So. 3d 628 (Miss. Ct. App. 2009). “The circuit court has jurisdiction to consider a motion regarding sentencing if “it is made within the term of court, the motion is pending at the end of the term under [Mississippi Code Annotated] section 11-1-16 [ (Rev.2002) ], or the trial court retains jurisdiction pursuant…”
Griffin v. State, 565 So. 2d 545 (Miss. 1990). “388, Laws, 1983, Miss. Code Ann. § 11-1-16 , which provides: § 11-1-16.”
Leverette v. State, 812 So. 2d 241 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 11-1-16(1)(Rev.1991). The "judgments, orders, and decrees" entered by a circuit court judge in vacation have the same "force and effect" as they would if entered *245 during a regular term of court.”
Miller v. State, 492 So. 2d 978 (Miss. 1986). “shall, in vacation, and in the same manner as at a regular term, have jurisdiction to hear and determine and make and enter judgments, orders .”
Norwood v. State, 846 So. 2d 1048 (Miss. Ct. App. 2003). “Miss.Code Ann. § 11-1-16 (Rev.1991); Presley v.”
Latham v. Hayes, 495 So. 2d 453 (Miss. 1986). “Mississippi Code Annotated § 11-1-16 (Supp. 1985), states: (1) Notwithstanding the provisions of any other law to the contrary, the judge of any circuit, chancery, county, youth or family court or any other court of record shall, in vacation, and in the same manner as at a…”
McGee v. State, 976 So. 2d 954 (Miss. Ct. App. 2008). “Miss.Code Ann. § 11-1-16(1) (Rev.2002). ¶ 13.”
Carr v. State, 881 So. 2d 261 (Miss. Ct. App. 2003). “Also Mississippi Code Annotated § 11-1-16, as amended, grants a judge in a criminal proceeding authority in vacation to hear motions which were pending and triable during the current term.”
James v. State, 829 So. 2d 728 (Miss. Ct. App. 2002). “However, on June 14, 2001, the Mississippi Supreme Court overruled Dickerson , saying, “With respect to the term of court issue, we find Miss.Code Ann. § 11-1-16 (Rev.1991) clearly gives a circuit court authority to consider a pending motion after a term has ended.”
Miss. Code Ann. § 11-1-16(1): 2 cases
Leverette v. State, 812 So. 2d 241 (Miss. Ct. App. 2002). “" Miss.Code Ann. § 11-1-16(1)(Rev.1991). The "judgments, orders, and decrees" entered by a circuit court judge in vacation have the same "force and effect" as they would if entered *245 during a regular term of court.”
McGee v. State, 976 So. 2d 954 (Miss. Ct. App. 2008). “Miss.Code Ann. § 11-1-16(1) (Rev.2002). ¶ 13.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.