Mississippi Code

Miss. Code Ann. § 25-61-5 (2026)

[Repealed effective 7/1/2028] Public access to records; written explanation required when records cannot be produced within specified time; form and retention of denials

✓ current as of July 2026

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(1)
- (a) Except as otherwise provided by Sections 25-61-9, 25-61-11, 25-61-11.2 and 37-153-7, all public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body, or, if a public body has not adopted written procedures, the right to inspect, copy or mechanically reproduce or obtain a reproduction of a public record of the public body shall be provided within one (1) working day after a written request for a public record is made. No public body shall adopt procedures which will authorize the public body to produce or deny production of a public record later than seven (7) working days from the date of the receipt of the request for the production of the record.
- (b) If a public body is unable to produce a public record by the seventh working day after the request is made, the public body must provide a written explanation to the person making the request stating that the record requested will be produced and specifying with particularity why the records cannot be produced within the seven-day period. Unless there is mutual agreement of the parties, in no event shall the date for the public body's production of the requested records be any later than fourteen (14) working days from the receipt by the public body of the original request.

(2) If any public record contains material which is not exempted under this chapter, the public agency shall redact the exempted material and make the nonexempted material available for examination. Such public agency shall be entitled to charge a reasonable fee for the redaction of any exempted material, not to exceed the agency's actual cost.

(3) Denial by a public body of a request for access to or copies of public records under this chapter shall be in writing and shall contain a statement of the specific exemption relied upon by the public body for the denial. Each public body shall maintain a file of all denials of requests for public records. Public bodies shall be required to preserve such denials on file for not less than three (3) years from the date such denials are made. This file shall be made available for inspection or copying, or both, during regular office hours to any person upon written request.

(4) Where any public body is preparing or conducting a competitive procurement, the time limitations contained in this section shall be tolled until the public body determines it will not issue the procurement, cancels the procurement or issues a notice naming its intended awardee.

(5) This section shall stand repealed on July 1, 2028.

Laws, 1983, ch. 424, § 3; Laws, 2008, ch. 392, § 2; Laws, 2010, ch. 501, § 1, eff. 7/1/2010.

Amended by Laws, 2024, ch. 466, SB 2486,§ 2, eff. 7/1/2024.

Amended by Laws, 2024, ch. 323, SB 2308,§ 1, eff. 6/30/2024.

Amended by Laws, 2023, ch. 542, HB 588,§ 7, eff. 7/1/2023.

Amended by Laws, 2021, ch. 310, SB 2809,§ 1, eff. 7/1/2021.

Amended by Laws, 2019, ch. 443, SB 2046,§ 3, eff. 7/1/2019.

Amended by Laws, 2019, ch. 369, HB 1204,§ 1, eff. 7/1/2019.

Amended by Laws, 2016, ch. 356, SB 2593, 1, eff. 7/1/2016.

Notes of Decisions

Cited in 31 cases (2 in the last 5 years), 1985–2024 · leading case: Buckel v. Chaney, 47 So. 3d 148 (Miss. 2010).

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Buckel v. Chaney, 47 So. 3d 148 (Miss. 2010). · cites it 8× “However, MID did timely respond by letter on January 26, 2009, under the provisions of Mississippi Code Section 25-61-5 (Rev.2010), and informed Buckel that MID had searched for the requested documents but did not possess them.”

Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). · cites it 12× “Miss. Code Ann. § 25-61-5 (1) (Rev. 2010).”

Roberts v. Miss. Rep. Party State Exec. Comm., 465 So. 2d 1050 (Miss. 1985). · cites it 5× “Further, in section 25-61-5 the statute reads: (1) Except as otherwise provided by section 25-61-9 and 25-61-11, all public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction…”

Cellular South, Inc. v. BellSouth Telecomm., Inc., 214 So. 3d 208 (Miss. 2017). · cites it 4× “If the above-quoted language, in which the Legislature speaks of access to public records as something available to “any person” were not enough to convince us that the Public Records Act focuses on the right of the public to have access, Mississippi Code Section 25-61-5(1)(a)…”

Loftin v. Jefferson Davis Cnty. Sch. Dist., 142 So. 3d 1098 (Miss. Ct. App. 2014). · cites it 10× “However, public records are considered to be public property and open for inspection unless an exemption or privilege applies, in accordance with Mississippi Code Annotated section 25-61-5 (Rev.”

Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enf't Officers' Ass'n, 740 So. 2d 925 (Miss. 1999). · cites it 4× “Finally, Miss.Code Ann. § 25-61-5(1) specifically provides for “public access to records”: Except as otherwise provided by sections 25-61-9 and 25-61-11, all public records are hereby declared to be public property, and any person shall have the right to inspect, copy or…”

Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). · cites it 10× “Miss.Code Ann. § 25-61-5 (Rev.2006) (emphasis added).”

True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014). · cites it 3× “, § 25-61-5(1)(a). . Id., § 25-61-5(2). . Id.”

Bd. of Trs. of State Institutions of Higher Learning v. Van Slyke, 510 So. 2d 490 (Miss. 1987). · cites it 4× “STANDING AS TO THE OPEN RECORDS ACT The academic program review records of the Board were public records covered under Miss. Code Ann. § 25-61-5 (1972). [A]ll public records are hereby declared to be public property, and any person shall have the right to inspect, copy or…”

Mississippi State Univ. v. People for the Ethical Treatment of Animals, Inc., 992 So. 2d 595 (Miss. 2008). · cites it 10× “Miss.Code Ann. § 25-61-5 (Rev.2006) (emphasis added).”

Timothy Gene Pryer v. Thomas Gardner, III, 247 So. 3d 1245 (Miss. 2018). · cites it 3× “This Court found that Pryer had filed a motion to show cause in circuit court rather than following the statutory procedure set forth by the Public Records Act, which provides for the institution of a suit in chancery court by "any person denied the right granted by Section…”

Pryer v. State, 139 So. 3d 713 (Miss. 2014). · cites it 10× “The Mississippi Public Records Act states: “[a]ny person denied the right granted by Section 25-61-5 to inspect or copy public records may institute a suit in the chancery court of the county in which the public body is located, and the court shall determine whether such public…”

Show all 31 citing cases →

— Miss. Code Ann. § 25-61-5(1) — 7 cases

Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “Miss. Code Ann. § 25-61-5 (1) (Rev. 2010).”

Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enf't Officers' Ass'n, 740 So. 2d 925 (Miss. 1999). “Finally, Miss.Code Ann. § 25-61-5(1) specifically provides for “public access to records”: Except as otherwise provided by sections 25-61-9 and 25-61-11, all public records are hereby declared to be public property, and any person shall have the right to inspect, copy or…”

Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). “Miss.Code Ann. § 25-61-5 (Rev.2006) (emphasis added).”

Mississippi State Univ. v. People for the Ethical Treatment of Animals, Inc., 992 So. 2d 595 (Miss. 2008). “Miss.Code Ann. § 25-61-5 (Rev.2006) (emphasis added).”

Ms Dept. of Wildlife v. Wildlife Enf. Off., 740 So. 2d 925 (Miss. 1999).

— Miss. Code Ann. § 25-61-5(1)(a) — 3 cases

Cellular South, Inc. v. BellSouth Telecomm., Inc., 214 So. 3d 208 (Miss. 2017). “If the above-quoted language, in which the Legislature speaks of access to public records as something available to “any person” were not enough to convince us that the Public Records Act focuses on the right of the public to have access, Mississippi Code Section 25-61-5(1)(a)…”

True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014). “, § 25-61-5(1)(a). . Id., § 25-61-5(2). . Id.”

Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 235 So. 3d 1452 (Miss. Ct. App. 2016).

— Miss. Code Ann. § 25-61-5(1)(b) — 1 case

Mississippi True v. David J. Dzielak, Ph.D., in his Off. capacity as Exec. Dir. of the Div. of Medicaid, Off. of the Governor & Individually upon bond & The Div. of Medicaid, Off. of the Governor, State of Mississippi (Miss. 2020).

— Miss. Code Ann. § 25-61-5(2) — 1 case

True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014). “, § 25-61-5(1)(a). . Id., § 25-61-5(2). . Id.”

— Miss. Code Ann. § 25-61-5(l)(a) — 3 cases

Buckel v. Chaney, 47 So. 3d 148 (Miss. 2010). “However, MID did timely respond by letter on January 26, 2009, under the provisions of Mississippi Code Section 25-61-5 (Rev.2010), and informed Buckel that MID had searched for the requested documents but did not possess them.”

Scruggs v. Bd. of Supervisors Alcorn Cnty. Commissioners, 85 So. 3d 325 (Miss. Ct. App. 2012).

Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 235 So. 3d 1452 (Miss. Ct. App. 2016).

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