Mississippi Code
Miss. Code Ann. § 77-3-77 (2026)
Burden of proof on party seeking to vacate commission order
✓ current as of July 2026
In all actions and proceedings arising under the provisions of this article or growing out of the exercise of the authority and powers herein granted to the commission, the burden of proof shall be on the party seeking to vacate an order of said commission.
Codes, 1942, § 7716-31; Laws, 1956, ch. 372, § 31.
Notes of Decisions
Cited in 6
cases, 1985–2017 · leading case: Mississippi Rural Water Ass'n, Inc v. Mississippi Pub. Serv. Comm'n, 222 So. 3d 288 (Miss. 2017).
Mississippi Rural Water Ass'n, Inc v. Mississippi Pub. Serv. Comm'n, 222 So. 3d 288 (Miss. 2017). “” Miss. Code Ann. § 77-3-77 (Rev. 2009). ¶ 21.”
Arnold Line Water Ass'n v. Mississippi Pub. Serv., 744 So. 2d 246 (Miss. 1999). “Miss.Code Ann. § 77-3-77 (1991). The special chancellor underscored this point when he observed that ALWA had not bothered to subpoena or present testimony from either the "person who was responsible for sending [ALWA] a copy of the September 25, 1992, Order nor the person at…”
State ex rel Pittman v. Mississippi Pub. Serv. Comm'n, 481 So. 2d 302 (Miss. 1985). “Because of these and other mandated changes in the organization and operations in all the Bell System, SCB on November 18, 1983, filed its Notice of Intent to increase rates, effective January 1, 1984, to produce $131,443,000 additional revenue, as provided under Miss.Code Ann.…”
Shadburn v. Tishomingo Cnty. Water Dist., Inc., 710 So. 2d 1227 (Miss. Ct. App. 1998). “In addition, “In all actions and proceedings arising under the provisions of this article [Regulation of Public Utilities] or growing out of the exercise of the authority and powers herein granted to the Commission, the burden of proof shall be on the party seeking to vacate an…”
Forest Woods Util. Co. v. Siwell Util. Co., 798 So. 2d 616 (Miss. Ct. App. 2001). “2000) establishes who carries the burden of proof, In all actions and proceedings arising under the provisions of this article or growing out of the exercise of the authority and powers herein granted to the commission, the burden of proof shall be on the party seeking to…”
Arnold Line Water Ass'n, Inc. v. Mississippi Pub. Serv. Comm'n (Miss. 1997). “Miss. Code Ann. § 77-3-77 (1991). The special chancellor underscored this point when he observed that ALWA had not bothered to subpoena or present testimony from either the "person who was responsible for sending [ALWA] a copy of the September 25, 1992, Order nor the person at…”
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