Mississippi Code
Miss. Code Ann. § 11-46-13 (2026)
Jurisdiction; appeals; venue
✓ current as of July 2026
- (1) Jurisdiction for any suit filed under the provisions of this chapter shall be in the court having original or concurrent jurisdiction over a cause of action upon which the claim is based. The judge of the appropriate court shall hear and determine, without a jury, any suit filed under the provisions of this chapter. Appeals may be taken in the manner provided by law.
- (2) The venue for any suit filed under the provisions of this chapter against the state or its employees shall be in the county in which the act, omission or event on which the liability phase of the action is based, occurred or took place. The venue for all other suits filed under the provisions of this chapter shall be in the county or judicial district thereof in which the principal offices of the governing body of the political subdivision are located. The venue specified in this subsection shall control in all actions filed against governmental entities, notwithstanding that other defendants which are not governmental entities may be joined in the suit, and notwithstanding the provisions of any other venue statute that otherwise would apply.
Laws, 1984, ch. 495, § 8; reenacted without change, Laws, 1985, ch. 474, § 7; Laws, 1987, ch. 483, § 7; Laws, 1992, ch. 491 § 1; Laws, 1993, ch. 476, § 10, eff. 4/1/1993.
Notes of Decisions
Cited in 111
cases (14 in the last 5 years), 1996–2026 · leading case: Wayne Gen. Hosp. v. Hayes, 868 So. 2d 997 (Miss. 2004).
Wayne Gen. Hosp. v. Hayes, 868 So. 2d 997 (Miss. 2004). “Hospitals and physicians protected by the MTCA enjoy their own unique venue statute provided for in Miss.Code Ann. § 11-46-13(2). The defendants argue that under Miss.”
Boston v. Hartford Acc. & Indem. Co., 822 So. 2d 239 (Miss. 2002). “HAIC counters by stating that Miss.Code Ann. § 11-46-13 applies because a political subdivision is being sued and because it was the statute in effect at the time this suit was filed in state court.”
Est. of Jones v. Quinn, 716 So. 2d 624 (Miss. 1998). “This position is further supported by Miss. Code Ann. § 11-46-13 (2), which provides that proper venue for a tort suit against any government entity, including a county or municipality, is "in the county or judicial district thereof in which the principal offices of the…”
Forrest Gen. Hosp., J. Keith Thompson, Hattiesburg Clinic, Grif A. Leek & S. Miss. Emergency Physicians, P.A. v. Steven Dale Upton Dr. Grif A. Leek, S. Miss. Emergency Physicians, P.A., 240 So. 3d 410 (Miss. 2018). “6 Miss. Code Ann. § 11-46-13 (2) (Rev. 2012).”
Ernest T. Jones v. Mississippi Institutions of Higher Learning, 264 So. 3d 9 (Miss. Ct. App. 2018). “Miss. Code Ann. § 11-46-13 (1) (Rev. 2012).”
Delta Reg'l Med. Ctr. v. Taylor, 112 So. 3d 11 (Miss. Ct. App. 2012). “See Miss.Code Ann. § 11-46-13(1). DRMC is a political subdivision of the State of Mississippi, and thus is entitled to the limitations, protections, and immunities of the MTCA; therefore, this case was tried without a jury.”
Cockrell v. Pearl River Valley Water Dist., 865 So. 2d 357 (Miss. 2004). “For the first time on appeal, Cockrell argues Miss.Code Ann. § 11-46-13 (Rev.2002), which states that all MTCA claims are to be determined without a jury, is unconstitutional.”
Donaldson v. Covington Cnty., 846 So. 2d 219 (Miss. 2003). “Miss.Code Ann. § 11-46-13. See also Simpson v.”
Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So. 2d 1234 (Miss. 1999). “See Miss. Code Ann. § 11-46-13 (1) (Supp.1998).”
Mississippi Crime Lab'y v. Douglas, 70 So. 3d 196 (Miss. 2011). “Miss.Code Ann. § 11-46-13(2) (Rev.2002) (emphasis added).”
Glover v. Jackson State Univ., 968 So. 2d 1267 (Miss. 2007). “Miss.Code Ann. § 11-46-13(1) (Rev.2002). [8] It is noteworthy that the issue before the federal court was not the liability of Luster or Epps, but rather whether Epps's insurance policy required the insurance company to provide Epps a defense to the suit.”
Mississippi Dept. of Pub. Saf. v. Durn, 861 So. 2d 990 (Miss. 2003). “Miss. Code Ann. § 11-46-13 (Rev.2002). The circuit court has the sole authority for determining the credibility of witnesses when it sits as the trier of fact.”
— Miss. Code Ann. § 11-46-13(1) — 45 cases
Delta Reg'l Med. Ctr. v. Taylor, 112 So. 3d 11 (Miss. Ct. App. 2012). “See Miss.Code Ann. § 11-46-13(1). DRMC is a political subdivision of the State of Mississippi, and thus is entitled to the limitations, protections, and immunities of the MTCA; therefore, this case was tried without a jury.”
Glover v. Jackson State Univ., 968 So. 2d 1267 (Miss. 2007). “Miss.Code Ann. § 11-46-13(1) (Rev.2002). [8] It is noteworthy that the issue before the federal court was not the liability of Luster or Epps, but rather whether Epps's insurance policy required the insurance company to provide Epps a defense to the suit.”
Lawrence Cnty. Sch. Dist. v. Brister, 823 So. 2d 459 (Miss. 2001).
Brewer v. Burdette, 768 So. 2d 920 (Miss. 2000).
Univ. of S. Miss. v. Williams, 891 So. 2d 160 (Miss. 2004).
— Miss. Code Ann. § 11-46-13(2) — 16 cases
Wayne Gen. Hosp. v. Hayes, 868 So. 2d 997 (Miss. 2004). “Hospitals and physicians protected by the MTCA enjoy their own unique venue statute provided for in Miss.Code Ann. § 11-46-13(2). The defendants argue that under Miss.”
Boston v. Hartford Acc. & Indem. Co., 822 So. 2d 239 (Miss. 2002). “HAIC counters by stating that Miss.Code Ann. § 11-46-13 applies because a political subdivision is being sued and because it was the statute in effect at the time this suit was filed in state court.”
Est. of Jones v. Quinn, 716 So. 2d 624 (Miss. 1998). “This position is further supported by Miss. Code Ann. § 11-46-13 (2), which provides that proper venue for a tort suit against any government entity, including a county or municipality, is "in the county or judicial district thereof in which the principal offices of the…”
Forrest Gen. Hosp., J. Keith Thompson, Hattiesburg Clinic, Grif A. Leek & S. Miss. Emergency Physicians, P.A. v. Steven Dale Upton Dr. Grif A. Leek, S. Miss. Emergency Physicians, P.A., 240 So. 3d 410 (Miss. 2018). “6 Miss. Code Ann. § 11-46-13 (2) (Rev. 2012).”
Mississippi Crime Lab'y v. Douglas, 70 So. 3d 196 (Miss. 2011). “Miss.Code Ann. § 11-46-13(2) (Rev.2002) (emphasis added).”
— Miss. Code Ann. § 11-46-13(3) — 1 case
Conrod v. Holder, 825 So. 2d 16 (Miss. 2002).
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