Mississippi Code

Miss. Code Ann. § 11-55-5 (2026)

Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

(1) Except as otherwise provided in this chapter, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorney's fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including, but not limited to, abuse of discovery procedures available under the Mississippi Rules of Civil Procedure.

(2) No attorney's fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within a reasonable time after the attorney or party filing the action, claim or defense knows or reasonably should have known that it would not prevail on the action, claim or defense.

(3) When a court determines reasonable attorney's fees or costs should be assessed, it shall assess the payment against the offending attorneys or parties, or both, and in its discretion may allocate the payment among them, as it determines most just, and may assess the full amount or any portion to any offending attorney or party.

(4) No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorney's fees unless the court finds that the party clearly knew or reasonably should have known that such party's action, claim or defense or any part of it was without substantial justification.

Laws, 1988, ch. 495, § 3, eff. 7/1/1988.

Notes of Decisions

Cited in 150 cases (20 in the last 5 years), 1991–2026 · leading case: Hooker v. Greer, 81 So. 3d 1103 (Miss. 2012).

Sort: Relevance Newest Treatment

Hooker v. Greer, 81 So. 3d 1103 (Miss. 2012). · cites it 20× “[5] Miss.Code Ann. § 11-55-5 (Rev.2002). [6] It is undisputed that Hooker was acting without counsel when he filed the lis pendens.”

Rose v. Tullos, 994 So. 2d 734 (Miss. 2008). · cites it 10× “This Court has held that there is no conflict between Rule 11 of the Mississippi Rules of Civil Procedure and Mississippi Code Annotated Section 11-55-5 (Rev.2002). Stevens, 615 So.”

Tupelo Redevelopment Agency v. Gray Corp., 972 So. 2d 495 (Miss. 2007). · cites it 5× “Pursuant to Miss.Code Ann. § 11-55-5 (Rev.2002), "any court of record in this state .”

In Re Spencer, 985 So. 2d 330 (Miss. 2008). · cites it 6× “" Miss.Code Ann. § 11-55-5 (Rev.2002). "Without substantial justification" is defined as any claim that is "frivolous, groundless in fact or in law, or vexatious, as determined by the court.”

Miss. Dept. of Human Servs. v. Shelby, 802 So. 2d 89 (Miss. 2001). · cites it 6× “Rule 11 and Miss.Code Ann. § 11-55-5 allow for monetary remedy of reasonable fees and costs if a court finds that a party has frivolously filed a motion or pleading without substantial justification.”

Illinois Cent. R.R. v. Broussard, 19 So. 3d 821 (Miss. Ct. App. 2009). · cites it 12× “Miss.Code Ann. § 11-55-5 (Rev.2002); M.R.”

Leaf River Forest Prods., Inc. v. Deakle, 661 So. 2d 188 (Miss. 1995). · cites it 6× “1992), citing Miss. Code Ann. § 11-55-5 (1) (Supp. 1991).”

Anderson v. BH Acquisition, Inc., 771 So. 2d 914 (Miss. 2000). · cites it 7× “Anderson asserts that the circuit court erred by awarding attorney's fees pursuant to Miss.Code Ann. § 11-55-5 (Supp.2000), which provides in relevant part as follows: Except as otherwise provided in this chapter, in any civil action commenced or appealed in any court of record…”

Ashley Healthcare Plan v. Michael Dillard, 177 So. 3d 175 (Miss. 2015). · cites it 12× “Miss. Code Ann. § 11-55-5 (1) (Rev. 2012).”

Collins v. Koppers, Inc., 59 So. 3d 582 (Miss. 2011). · cites it 8× “Miss.Code Ann. § 11-55-5(1) (Rev.2002) (emphasis added).”

Tunica Cnty., Mississippi v. Town of Tunica, Mississippi, 227 So. 3d 1007 (Miss. 2017). · cites it 4× “Miss. Code Ann. § 11-55-5 (1) (Rev. 2012) (emphasis added).”

Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001). · cites it 4× “The court found that Wyssbrod's complaints were filed without substantial justification entitling Wittjen and First State Bank to recover attorney's fees and expenses pursuant to the Litigation Accountability Act of 1988, Miss.Code Ann. § 11-55-5(1) (Supp.2000). The court also…”

Show all 150 citing cases →

— Miss. Code Ann. § 11-55-5(1) — 62 cases

Hooker v. Greer, 81 So. 3d 1103 (Miss. 2012). “[5] Miss.Code Ann. § 11-55-5 (Rev.2002). [6] It is undisputed that Hooker was acting without counsel when he filed the lis pendens.”

Rose v. Tullos, 994 So. 2d 734 (Miss. 2008). “This Court has held that there is no conflict between Rule 11 of the Mississippi Rules of Civil Procedure and Mississippi Code Annotated Section 11-55-5 (Rev.2002). Stevens, 615 So.”

In Re Spencer, 985 So. 2d 330 (Miss. 2008). “" Miss.Code Ann. § 11-55-5 (Rev.2002). "Without substantial justification" is defined as any claim that is "frivolous, groundless in fact or in law, or vexatious, as determined by the court.”

Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001). “The court found that Wyssbrod's complaints were filed without substantial justification entitling Wittjen and First State Bank to recover attorney's fees and expenses pursuant to the Litigation Accountability Act of 1988, Miss.Code Ann. § 11-55-5(1) (Supp.2000). The court also…”

Covington v. McDaniel, 126 So. 3d 49 (Miss. Ct. App. 2013).

— Miss. Code Ann. § 11-55-5(2) — 1 case

Brooks Monaghan v. Robert Autry, 229 So. 3d 201 (Miss. Ct. App. 2017).

— Miss. Code Ann. § 11-55-5(3) — 5 cases

Collins v. Koppers, Inc., 59 So. 3d 582 (Miss. 2011). “Miss.Code Ann. § 11-55-5(1) (Rev.2002) (emphasis added).”

Foster v. Ross, 804 So. 2d 1018 (Miss. 2002).

Bill Wyssbrod v. Jackson H. Wittjen (Miss. 1999).

Rodney Foster v. Tony Ross (Miss. 2000).

— Miss. Code Ann. § 11-55-5(4) — 6 cases

Wilson v. Greyhound Bus Lines, Inc., 830 So. 2d 1151 (Miss. 2002).

Ashley Healthcare Plan v. Michael Dillard, 177 So. 3d 175 (Miss. 2015). “Miss. Code Ann. § 11-55-5 (1) (Rev. 2012).”

Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001).

Balius v. Gaines, 95 So. 3d 730 (Miss. Ct. App. 2012).

Jesus v. Lamar Co. (S.D. Miss. 2022).

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.