About Lafayette County Justice Court
Lafayette County Justice Court is a part of the state system of Mississippi Courts. The court is located at 711 Jackson Ave – Suite 202 (2nd Floor), Oxford, Mississippi.
The duty of Lafayette County Justice Court is to hear and decide matters that fall under its jurisdiction. The Court handles civil cases if they deal with a demand or a debt for an amount of up to $3,500. If the demand is $3,500 or more, the case goes to Circuit Court. In Lafayette County, Circuit Court is a court of general jurisdiction, meaning it handles all types of cases including civil, criminal, and domestic. The case can be moved to Circuit Court (also called transferral) if the amount in controversy is greater than $3,500. Also note that Justice Court is limited in civil process against the state and its agents unless the state consents. This means the state will probably not be in Justice Court very often.
If you have a claim or demand against the state, you will likely be filing your case in the Mississippi Court of Claims. This type of court handles cases involving monetary damages against the state for breaches of contract and torts.
Lafayette County Justice Court may handle landlord and tenant cases. Eviction of a tenant is one of those types of cases. Also, dispossessory cases, suits for rent, and distress actions are heard in Lafayette County Justice Court. Additional cases the Justice Court may have jurisdiction in include trespass to real or personal property, unlawful entry on property, suit for pollution or allowing waste onto property, injury to person or property from animals, suit for collection of debts, allowance of storage liens, wrongful execution, wrong delivery of goods and chattels , and judgment recovery.
Criminal cases heard in Lafayette County Justice Court involve felony and misdemeanor charges. NOTE: Felony cases should not be in Justice Court as those are subject to Circuit Court as described above previously in this article. Exceptions to the felony exclusivity in Circuit Court are post-conviction relief cases (Petition for Writ of Certiorari, Motion for a New Trial, and petition to Reopen Record) which can be filed in Justice Court.
Another important function of the Lafayette County Justice Court is the issuance of criminal arrest warrants. An arrest warrant is an order signed by the court that commands law enforcement to arrest a defendant named in the warrant. Generally, this happens after a complaint is made and a specific investigation is done (evidence is collected and witnesses are interviewed). After the investigation is complete, an Affidavit is completed by law enforcement and submitted to the Justice Court with a proposed arrest warrant. The warrant gives law enforcement the authority to go and arrest the defendant(s). It says that the defendant has committed a crime and is subject to arrest.
A perceived defect in the issuance of an arrest warrant can be the subject of later hearings in the Justice Court. This is often debatable as to the extent of hearings to be held in Justice Court. The question of defects in an arrest warrant was recently addressed by the Mississippi Supreme Court in Hurst v. State, 2012-CA-00276-SCT (June 27, 2013). The main point to take away from that case is the timing of the challenge. It is possible to enter a plea of former jeopardy in the Justice Court or assert other affirmative defenses. There is a set period of time to do this.
The importance of Lafayette County Justice Court cannot be understated. Even the smallest of inquiries can turn into a problem that ends up as a case in Justice Court. Be prepared to accept those challenges and navigate in the Justice Court system.
Court Address and Contact Information
The Lafayette County Justice Court can be found at 111 McLarty Road, Suite B in Oxford, Mississippi. It sits right off the north of McLarty Road at the intersection of the Oak Avenue block of Oxford. From Highway 6, take the Jackson Avenue exit eastbound toward the courthouse square. After crossing the railroad tracks, you will take a sharp left curve to the right where the road immediately forks into Jefferson Avenue and East Fiser Avenue. Take the immediate decline into the Walmart parking lot. You will find the Justice Center on your right.
Contact information is as such: (662) 234-7968 is the main courthouse number for the Lafayette County Circuit Court appears to be: 662-234-7958, the phone number for Lafayette Chancery Court appears to be: 662-234-7920; and the fax number appears to be: 662-234-7973. The aforementioned phone numbers are for the clerks working at the individual court levels. If going directly to the Justice Court, there is not an individual number listed anywhere to contact the courthouses.
Court Services and Procedures
The Lafayette County Justice Court in Oxford, Mississippi provides an array of services and operations to help maintain the law and order of the community. The Court is a trial court that primarily hears misdemeanor criminal cases, civil cases with claims of $2000-$200,000, some juvenile matters, all landlord-tenant cases, and is a small claims court. The Court also exercises limited appellate jurisdiction from municipal courts. The Court consists of two judges: Judge Allen E. Creel and Judge Linda W. Handy.
The processing of actions begins with the filing of a complaint and the scheduling of a summons or citation for defendants. After the defendant’s answer to the original complaint is filed and after discovery has been concluded, the court conducts a hearing in which the parties are each represented by counsel of their choosing, and after no less than seven (7) days notice of such hearing is given, the court renders its decision.
If there results an appeal to the Circuit Court from Justice Court, the Clerk of Justice Court transmits the original papers, record and exhibits to the Circuit Clerk, who shall transmit the records to the Supreme Court if an appeal is taken from the Circuit Court to the Supreme Court, and such papers will await the parties in the circuit clerk’s office when they are ready for trial.
Calender Call is held to allow defendants to come forth and plead guilty or innocent and to schedule trials or Default hearings. After being assigned for trial consideration by the Justice Court, litigation continues in either a juvenile or adult context. If disposition is reached by settlement or otherwise, a full order or memorandum must be written and filed with the court. Otherwise, the case is settled or continued and a new Order or memorandum entered. Default Judgments are taken in accordance with Mississippi justice Court Rule 2.3 with any disputes resolved by Consent Judgment. When cases are settled by Default, they remain on the docket for a period of 30 days during which time a Motion to Set Aside the Default may be filed.
Disputes with Neighboring Board and other Justice Courts occur via notice (not required by any rules) and hearing before an Administrative Judge; when the error is not corrected at this level the case is reset before one of the Justices of this Court or transferred to the Justice Court presiding in the adjoining district where the alleged error occurred.
Bringing a Case Before Lafayette County Justice Court
The Lafayette County Justice Court, located in the heart of Oxford, serves as the venue for cases ranging from small claims to misdemeanors. In this section, we will delve into the court rules and procedures that govern the filing and litigation process for cases before the Lafayette County Justice Court.
The Lafayette County Justice Court is the courthouse located in Oxford closest the university and the most likely to handle cases of interest to students. In order to file a case in the Justice Court, the Plaintiff must first draft a complaint, which is nothing more than a simple statement explaining the facts and issues underlying the dispute, and file the complaint with the Justice Court Clerk. The Plaintiff then pays a filing fee, which is around $100.00.
If the Plaintiff is a student at Ole Miss, they can almost certainly qualify for a waiver of the filing fee, which will save them having to pay that $100.00. A Request to Waiver the Filing Fee must be filed with the complaint in order for the Plaintiff to be excused from having to pay the filing fee. If the Plaintiff files a Request to Waiver the Filing Fee, the Court will send a Subpoena to the Plaintiff, ordering the Plaintiff to appear and explain why they cannot afford to pay the $100.00 filing fee. A majority of the time the Court will listen to the Plaintiff’s explanation, find that the Plaintiff can’t afford the $100.00 filing fee, and excuse the Plaintiff from having to pay the filing fee.
After the complaint is filed and any necessary filing fees have been paid (or waived), the Court Clerk will issue a summons to the Defendant. After the summons has been issued, the Plaintiff must find the Defendant, and have the summons personally issued and served on the Defendant by an independent, third party. Many lawyers and other third parties will serve these Summons in exchange for a fee.
Once the Defendant has been served with the Summons and Complaint, that Defendant must file a written answer, usually within thirty days . Once the Defendant has filed his answer, the Plaintiff can schedule a date for trial. Just as with service, the Plaintiff must find an independent, third party to serve the Defendant with a Notice of Trial, informing him of the trial date.
If the Defendant has filed an Answer, both the Plaintiff and the Defendant have a right to request a trial by jury. If either party makes such a request, the case will be moved to Circuit Court.
In almost all cases in the Justice Court, the potential for settlement exists, and mediation is often successful in settling Justice Court cases before trial. Once all issues have been completely resolved, a Judgment is entered in favor of the Plaintiff or the Defendant, and either party may appeal the case to the Circuit Court.
Cases in Justice Court are not as complicated as cases in Circuit Court. Motions do not need to be drafted and filed. Parties do not normally have a right to conduct extensive discovery. In short, the cost of litigating a case in Justice Court is a much less than the cost of litigating a case in Circuit Court.
More than 95% of the time, cases in Justice Court will resolve themselves without the need to spend tens of thousands of dollars in legal fees. Because of this, most simple cases do not require the expertise of a lawyer. A good layperson will have little trouble handling a simple case.
However, there are some types of cases that do require a lawyer, where even the most knowledgeable layperson would have difficulty achieving a fair and just result. These cases include: violations of Mississippi’s laws regulating trade and commerce; landlord-tenant disputes involving breach of warranty of habitability; suits against businesses under the Mississippi Consumer Protection Act; and cases involving significant issues of damages.
If you think you need a lawyer, consult a lawyer. If you don’t think you need a lawyer, you probably don’t.
Plaintiffs’ Rights and Obligations
Having a right to defend yourself in a civil or criminal proceeding does not mean you always have the resources to do so. The law provides for legal counsel to be provided by the state in criminal matters if you cannot afford it. In a civil matter there may only be limited circumstances where the court may appoint counsel to represent you. In all cases, you have a right to due process and appeal on certain issues.
The United States Constitution creates a right to a jury trial in certain instances. In Mississippi, this right is expanded beyond the federal’s bill of rights.
Mississippi’s Constitution Article 3: Section 31 The right of trial by jury shall remain inviolate, and shall extend to all cases, civil and criminal, and shall not be violated. And he who is found guilty by a jury of his peers shall not be twice put in jeopardy of life or limb for the same offense. And he against whom a charge is made in any court, shall be allowed counsel or other defense by himself and counsel, to make his defense, and in all cases where the punishment may be death or imprisonment for life, he shall be allowed counsel at least two days before any hearing in the case, or at least two days before any trial upon the merits in the circuit or chancery court; but the General Assembly may provide by law a shorter time in the circuit court as to circuit judges for all civil cases except divorce, lunacy, and homicide; and in all other cases, except divorce and lunacy, may restrict the right of the parties to introduce evidence or to be heard by counsel; but no law shall ever be passed that shall deprive a party of his right to make his defense by himself and counsel.
From literature provided by the Lafayette County Justice Court from an information sheet:
What to Expect at Justice Court: Upon arriving at Justice Court you will check in with the clerk. You may go into the courtroom where the Judge will come out and speak with everyone about that day’s proceeding. At that point, you will either be given a trial date or taken in front of the Judge. If you are taken before the Judge, he will ask the names of the parties in the case, bring them up one at a time, and let each party have their say. You will be placed under oath, and questions will be asked to find out what happened. Each party will be allowed to speak on their behalf, the plaintiff going first, then the defendant. The plaintiff then has the option to go back up and speak a second time. Either party may present evidence, witnesses and/or exhibits.
Miss. Code Ann. § 11-53-81 provides for the preparation of forms for Justice and Municipal Courts.
Rule 1 Rule on Court of Appeals and Civil Procedure for Justice or Municipal Courts of Mississippi.
Rule 2 Rule on Criminal Procedure for Justice or Municipal Courts of Mississippi.
Winning Your Case: Court Rulings and Appeals
Understanding the Ins and Outs of Court Decisions and Appeals
Criminal charges must be proven "beyond a reasonable doubt" to the judge or a jury before a defendant can be ultimately found guilty. But what about if you’re found guilty and disagree with the judge’s decision? What are your options and process to appeal?
In Lafayette County Justice Court, the Court Judge makes the ultimate decision in cases, after hearing and considering all of the evidence and testimony presented at the trial. After the Judge issues a decision and enters a judgment, either party may then have the right to appeal.
To appeal a case in this Court, the aggrieved party must request, in writing, an appeal within ten days of the entry of judgment. This request is known as a Notice of Appeal and the appellant must explain why they disagree with the decision issued by the Court Judge. This written notice must then be filed in Circuit Court. Within ten days of the filing of the Notice of Appeal , all of the Court documents from the Lafayette County Justice Court must be transferred to the Circuit Court. All parties to the action and the Justice Court must be served with a copy of the Notice of Appeal filed in Circuit Court.
The Circuit Court then hears the appeal. While an appeal is pending in the Circuit Court, money or property is not transferred from one party to another until a new judgment from the Circuit Court is entered. Typically, the Circuit Court Judge sits on appeal review cases that are heard in Lafayette County, but the Circuit Court Judge is not required to do so. The Circuit Court Judge may also appoint an additional Judge as part of the review process.
If an appellant loses their appeal, they may request that the Court reconsider its opinion and conclusions of law. If the appellant is successful in their appeal, the Circuit Court Judge may enter a new judgment, order a new trial in the Circuit Court, or enter an order for a new trial in the Justice Court.
The Mississippi Supreme Court handles appeals in capital murder cases and will only hear pre-trial motions or post-trial petitions in Lafayette County Justice Court cases.