Mississippi Code

Miss. Code Ann. § 11-55-3 (2026)

Definitions

✓ current as of July 2026

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The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise:

(a) "Without substantial justification," when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in fact or in law, or vexatious, as determined by the court.

(b) "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company or any other entity, including any governmental entity or unincorporated association of persons.

(c) "Action" means a civil action that contains one or more claims for relief, defense or an appeal of such civil action. For the purposes of this chapter only, an "action" also means any separate count, claim, defense or request for relief contained in any such civil action.

Laws, 1988, ch. 495, § 2, eff. 7/1/1988.

Notes of Decisions

Cited in 57 cases (8 in the last 5 years), 1990–2026 · leading case: Tupelo Redevelopment Agency v. Gray Corp., 972 So. 2d 495 (Miss. 2007).

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Tupelo Redevelopment Agency v. Gray Corp., 972 So. 2d 495 (Miss. 2007). · cites it 4× “" Likewise, pursuant to section 11-55-3(a), the phrase "without substantial justification," for the purpose of this statute and "when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in…”

Smith v. Malouf, 597 So. 2d 1299 (Miss. 1992). · cites it 8× “Section 11-55-3 defines "without substantial justification" as follows: (a) "Without substantial justification," when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in fact or in law,…”

Cont'l Cas. Co. v. Allstate Prop. & Cas. Ins. Co., 235 So. 3d 40 (Miss. 2017). · cites it 10× “Miss. Code Ann. § 11-55-5 (1) (Rev. 2012).”

Hooker v. Greer, 81 So. 3d 1103 (Miss. 2012). · cites it 6× “Miss.Code Ann. § 11-55-3 (Rev.2002) (emphasis added).”

Arthur Dewayne Black v. Alicia Powell Black, 240 So. 3d 1226 (Miss. Ct. App. 2017). · cites it 8× “2016); Miss. Code Ann. § 11-55-3 (a) (Rev. 2012).”

Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001). · cites it 3× “Miss. Code Ann. § 11-55-3 (a) (Supp.2000), defines "without substantial justification" as being "frivolous, groundless in fact or in law.”

Choctaw, Inc. v. Campbell-Cherry-Harrison, 965 So. 2d 1041 (Miss. 2007). · cites it 4× “[4] The Defendants also, alternatively, raise the issue of whether the trial court erred in finding that the record was well-developed and not allowing additional discovery regarding the motions for sanctions.”

Tunica Cnty., Mississippi v. Town of Tunica, Mississippi, 227 So. 3d 1007 (Miss. 2017). · cites it 2× “” Miss. Code Ann. § 11-55-3 (a). ¶51. The appellees assert that the County’s lawsuit was filed without substantial justification as a tactic to delay the distributions required by House Bill 1002, which it had been paying regularly for the last twenty years.”

In Re Spencer, 985 So. 2d 330 (Miss. 2008). · cites it 2× “" Miss.Code Ann. § 11-55-3(a)(Rev.2002). The term "frivolous" as used in this section takes the same definition as it does under Rule 11: a claim or defense made "without hope of success.”

Wilson v. Greyhound Bus Lines, Inc., 830 So. 2d 1151 (Miss. 2002). · cites it 2× “Miss.Code Ann. § 11-55-3(a) defines the phrase "without substantial justification": (a) "Without substantial justification," when used with reference to any action, claim, defense, or appeal, including without limitation any motion, means that it is frivolous, groundless in fact…”

Illinois Cent. R.R. v. Broussard, 19 So. 3d 821 (Miss. Ct. App. 2009). · cites it 4× “that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment.... Miss.Code Ann. § 11-55-5(1).”

Leaf River Forest Prods., Inc. v. Deakle, 661 So. 2d 188 (Miss. 1995). · cites it 2× “" Miss. Code Ann. § 11-55-3 (a) (Supp. 1994).”

Show all 57 citing cases →

— Miss. Code Ann. § 11-55-3(1) — 1 case

Mississippi Dep't of Corr. v. Greg L. Galloway (Miss. Ct. App. 2026).

— Miss. Code Ann. § 11-55-3(a) — 31 cases

Tupelo Redevelopment Agency v. Gray Corp., 972 So. 2d 495 (Miss. 2007). “" Likewise, pursuant to section 11-55-3(a), the phrase "without substantial justification," for the purpose of this statute and "when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in…”

Choctaw, Inc. v. Campbell-Cherry-Harrison, 965 So. 2d 1041 (Miss. 2007). “[4] The Defendants also, alternatively, raise the issue of whether the trial court erred in finding that the record was well-developed and not allowing additional discovery regarding the motions for sanctions.”

In Re Spencer, 985 So. 2d 330 (Miss. 2008). “" Miss.Code Ann. § 11-55-3(a)(Rev.2002). The term "frivolous" as used in this section takes the same definition as it does under Rule 11: a claim or defense made "without hope of success.”

Wilson v. Greyhound Bus Lines, Inc., 830 So. 2d 1151 (Miss. 2002). “Miss.Code Ann. § 11-55-3(a) defines the phrase "without substantial justification": (a) "Without substantial justification," when used with reference to any action, claim, defense, or appeal, including without limitation any motion, means that it is frivolous, groundless in fact…”

Illinois Cent. R.R. v. Broussard, 19 So. 3d 821 (Miss. Ct. App. 2009). “that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment.... Miss.Code Ann. § 11-55-5(1).”

— Miss. Code Ann. § 11-55-3(b) — 1 case

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