Mississippi Code

Miss. Code Ann. § 11-51-29 (2026)

Prepayment of costs in civil cases on appeal

✓ current as of July 2026
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On appeals from decrees overruling demurrers or other interlocutory orders or decrees, or where the appeal is granted to settle the principles of the case, or on appeals from final judgments of a circuit court in civil cases, or from final decrees of a chancery court including cases where the circuit court or chancery court has acted as an appellate court, the appellant shall prepay all of the costs in the lower court including the cost of the preparation of the record of the proceedings in the trial court, and fee prescribed in Section 25-7-3, to the clerk of the court from which the appeal is taken.

Codes, Hutchinson's 1848, ch. 54, art. 2, § 37; 1857, ch. 62, art. 104; 1871, § 1252; 1880, § 2334; 1892, § 48; 1906, § 49; Hemingway's 1917, § 25; 1930, § 28; 1942, § 1162; Laws, 1896, ch. 90; Laws, 1978, ch. 335, § 16, eff. 7/1/1978.


Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1975–2022 · leading case: T. Jackson Lyons & Assocs., P.A. v. Precious T. Martin, Sr. & Assocs., PLLC, 87 So. 3d 444 (Miss. 2012).
T. Jackson Lyons & Assocs., P.A. v. Precious T. Martin, Sr. & Assocs., PLLC, 87 So. 3d 444 (Miss. 2012). · cites it 4× “Miss. Code Ann. § 11-51-29 (Rev.2002). The Uniform Rules of Circuit and County Court Practice (URCCC) refer to this as the “cost bond” and include the same requirement that the appellant “shall pay all court costs incurred below and likely to be incurred on appeal.”
M. L. B. v. S. L. J., 519 U.S. 102 (1996). “10(b)(2) (1995); see also Miss. Code Ann. §11-51-29 (Supp. 1996). Unable to pay $2,352.”
Van Meter v. Alford, 774 So. 2d 430 (Miss. 2000). · cites it 2× “10(b)(1), 11(a) & 11(b); and Miss.Code Ann. § 11-51-29. Van Meter filed a response to the motion to dismiss the appeal recognizing that he had yet to conform to the rules: " Although the appeal has not been perfected until these rules are conformed with, failure to follow these…”
Vinson v. Prather, 879 So. 2d 1053 (Miss. Ct. App. 2004). · cites it 2× “See Miss.Code Ann. § 11-51-29 (Rev.2002). As a result, the Lee County Chancery Court did not exceed its jurisdiction in reviewing and granting the petition to increase the appeal deposit.”
In Re Newsom, 536 So. 2d 1 (Miss. 1988). · cites it 3× “335 § 16; Miss. Code Ann. § 11-51-29 (Supp. 1986). (Emphasis added).”
Mlb v. Slj, 519 U.S. 102 (1996). “10(b)(2) (1995); see also Miss. Code Ann. § 11-51-29 (Supp. 1996). Unable to pay $2,352.”
Summer v. Henn, 323 So. 2d 751 (Miss. 1975). · cites it 10× “Appellant contends that he had no way of knowing whether he would be required to post a bond in the amount of 125 percent of the judgment as provided in section 11-51-31 or whether he would only be required to post a bond in the penalty of $500 conditioned for the payment of all…”
Veto F. Roley v. Chinelo J. Roley (Miss. Ct. App. 2021). · cites it 14× “nt to Veto’s Rule 52 request; (4) whether the chancellor erred when he allowed Chinelo a tax deduction for the couple’s minor son for the year 2018; (5) whether the chancery court displayed “judicial bias” during a June 5, 2018 motions hearing; (6) whether the chancellor denied…”
Dixieland Food Stores, Inc. v. Kelly's Big Star, Inc., 384 So. 2d 1031 (Miss. 1980). · cites it 2× “The question in each case is, when was the appeal taken? Section 11-51-29 Mississippi Code Annotated (Supp.”
Daniel Shope v. Dr. Michael Winkelmann & his Pers. Capacity & New South Neurospine Clinic, LLC (Miss. 2021). · cites it 4× “Mississippi Code Section 11-51-29 says, “appellant shall prepay all of the costs in the lower court including the cost of the preparation of the record of the proceedings in the trial court.”
Greenville Pub. Sch. Dist. v. Yolanda Thomas (Miss. 2022). · cites it 4× “Shope was an appeal from a county court to 5 a circuit court in a medical malpractice case controlled by the Mississippi Rules of Appellate Procedure and Mississippi Code Section 11-51-29 (Rev. 2019). Thomas appeals a decision of a school board for nonrenewal of her employment,…”
Allgood v. Allgood, 367 So. 2d 450 (Miss. 1979). · cites it 2× “Mississippi Code Annotated section 11-51-29 (Supp. 1978) requires: On appeals from decrees overruling demurrers or other interlocutory orders or decrees, or where the appeal is granted to settle the principles of the case, or on appeals from final judgments of a circuit court in…”
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