Mississippi Code

Miss. Code Ann. § 11-55-7 (2026)

Award of costs and attorney's fees; amount of award; factors to consider

✓ current as of July 2026

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In determining the amount of an award of costs or attorney's fees, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney's fees and costs and the amount to be assessed:

(a) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted, and the time remaining within which the claim or defense could be filed;

(b) The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;

(c) The availability of facts to assist in determining the validity of an action, claim or defense;

(d) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;

(e) Whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict;

(f) The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;

(g) The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;

(h) The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;

(i) The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;

(j) The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and

(k) The period of time available to the attorney for the party asserting any defense before such defense was interposed.

Laws, 1988, ch. 495, § 4, eff. 7/1/1988.

Notes of Decisions

Cited in 49 cases (8 in the last 5 years), 1992–2026 · leading case: Tunica Cnty., Mississippi v. Town of Tunica, Mississippi, 227 So. 3d 1007 (Miss. 2017).

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Tunica Cnty., Mississippi v. Town of Tunica, Mississippi, 227 So. 3d 1007 (Miss. 2017). · cites it 12× “” Miss. Code Ann. § 11-55-7 (emphasis added).”

Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001). · cites it 12× “In the resulting order of the court, the court considered each factor of Miss.Code Ann. § 11-55-7 and concluded that Wyssbrod and Aussenberg should be jointly and severally liable to First State Bank and Wittjen for attorney's fees and expenses because the Third Amended…”

In Re Spencer, 985 So. 2d 330 (Miss. 2008). · cites it 5× “Miss.Code Ann. § 11-55-7 (Rev.2002). The same is true for sanctions awarded under Rule 11 of the Mississippi Rules of Civil Procedure.”

Leaf River Forest Prods., Inc. v. Deakle, 661 So. 2d 188 (Miss. 1995). · cites it 6× “11 and Miss. Code Ann. § 11-55-7 , particularly subsections (g) and (i).”

Miss. Dept. of Human Servs. v. Shelby, 802 So. 2d 89 (Miss. 2001). · cites it 4× “Furthermore, Miss.Code Ann. § 11-55-7 states that "When granting an award of costs or attorney's fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney's fees and…”

Foster v. Ross, 804 So. 2d 1018 (Miss. 2002). · cites it 4× “In addition to arguing that the action was not without hope of success, Foster asserts that this Court must reverse the chancellor's award because the chancellor did not specifically address each factor set forth in Miss.Code Ann. § 11-55-7 (Supp.2001) (the statute lists factors…”

Moeller v. Am. Guar. & Liab. Ins. Co., 812 So. 2d 953 (Miss. 2002). · cites it 2× “Miss.Code Ann. § 11-55-7. This Court is really not in the position to examine these factors, and thus it would be appropriate to remand for consideration of these factors.”

Mark S. Bounds Realty Partners, Inc. v. Lawrence, 34 So. 3d 1224 (Miss. Ct. App. 2010). · cites it 4× “Similarly, Rule 11(b) of the Mississippi Rules of Civil Procedure allows a court to award attorney’s fees if it finds that a “party files a motion or pleading which ... is frivolous or is filed for the purpose of harassment or delay.”

Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001). · cites it 2× “Although the circuit court judge did not specifically address each factor set forth in Miss.Code Ann. § 11-55-7 (Supp. *394 2000) (the statute which lists factors to be considered by the trial court when granting an award of costs and attorney's fees), we find that his opinion…”

Jordan v. McAdams, 85 So. 3d 932 (Miss. Ct. App. 2012). · cites it 4× “See Miss.Code Ann. § 11-55-7 (Rev.2002). However, those statutory findings are not required if sanctions are denied, nor are they required where sanctions were awarded pursuant to Rule 11.”

Collins v. Koppers, Inc., 59 So. 3d 582 (Miss. 2011). · cites it 2× “See Miss.Code Ann. § 11-55-7 (Rev.2002). . These factors are also known as the "McKee factors.”

First State Bank of Holly Springs v. Wyssbrod, 124 S.W.3d 566 (Tenn. Ct. App. 2003). · cites it 2× “In the resulting order of the court, the court considered each factor of Miss. Code Ann. § 11-55-7 and concluded that Wyssbrod and Aussenberg should be jointly and severally hable to First State Bank and Wittjen for attorney’s fees and expenses because the Third Amended…”

Show all 49 citing cases →

— Miss. Code Ann. § 11-55-7(a) — 2 cases

Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001). “In the resulting order of the court, the court considered each factor of Miss.Code Ann. § 11-55-7 and concluded that Wyssbrod and Aussenberg should be jointly and severally liable to First State Bank and Wittjen for attorney's fees and expenses because the Third Amended…”

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

— Miss. Code Ann. § 11-55-7(k) — 1 case

Bank of Miss. v. Miss. Life & Health Ins. Guar. Assn., 850 So. 2d 127 (Miss. Ct. App. 2003).

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