Mississippi Code
Miss. Code Ann. § 9-5-91 (2024)
Information to be provided to Administrative Office of Courts by chancery clerk in chancery cases in which guardian ad litem is appointed
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) In a chancery case in which a guardian ad litem is appointed by the court, it is the duty of the chancery clerk to prepare and forward to the Administrative Office of Courts the information described by subsection (2) of this section not later than the last day of the month following the entry of an order approving any payment to the guardian ad litem.
- (2) The clerk shall prepare and forward the following information when filed in a contested case where the guardian ad litem fees exceed One Thousand Dollars ($1,000.00):
- (a) A copy of any invoice for guardian ad litem fees;
- (b) A copy of any order directing payment of guardian ad litem fees; and
- (c) A copy of any petition seeking recovery of guardian ad litem fees, as well as any orders concerning payment of guardian ad litem fees, including, but not limited to, orders of contempt.
- (3) If an order previously reported under subsection (1) of this section is amended by order of the court, the clerk shall forward the subsequent court order not later than the last day of the month following the entry of the amended order.
- (4) The duty of a clerk to prepare and forward information under this section is not affected by:
- (a) Any subsequent appeal of the court order;
- (b) Any subsequent modification of the court order; or
- (c) The expiration of the court order.
- (5) This section does not apply to youth court matters.
Added by Laws, 2017, ch. 418, SB 2673, 2, eff. 4/1/2017.
Notes of Decisions
Cited in 3
cases, 1982–2002 · leading case: Lindsey v. Lindsey, 818 So. 2d 1191 (Miss. 2002).
Lindsey v. Lindsey, 818 So. 2d 1191 (Miss. 2002). “Elizabeth argues that since Miss.Code Ann. § 9-5-91 (referenced above in § 93-5-17) was repealed in 1991, there is no longer a statute that authorizes a chancellor to hear divorce proceedings while in recess or in vacation from its scheduled terms of court.”
Bornaschella v. Orcutt, 418 So. 2d 768 (Miss. 1982). “Under Miss.Code Ann. § 9-5-91 (Supp.1972), a chancellor has jurisdiction, and is empowered to conduct a hearing and enter a decree in vacation on a date different than that set by a decree rendered during a term, and even where there has been no decree in term time setting a…”
Elizabeth Lindsey v. Mark Lindsey, No. 2001-CA-00098-SCT (Miss. Sept. 27, 2000). “Elizabeth argues that since Miss. Code Ann. § 9-5-91 (referenced above in § 93-5-17) was repealed in 1991, there is no longer a statute that authorizes a chancellor to hear divorce proceedings while in recess or in vacation from its scheduled terms of court.”
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