3 Miss. Code. R. 4-02-203 - Award of Attorney's Fees and Costs

a. In any civil litigation resulting from a transaction involving a violation of the Act, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs from the nonprevailing party.

b. The attorney for the prevailing party shall submit a sworn affidavit of his time spent on the case and his costs incurred for all the motions, hearings, and appeals to the trial judge who presided over the civil case.

c. The trial judge shall award the prevailing party the sum of reasonable costs incurred in the action plus a reasonable legal fee for the hours actually spent on the case as sworn to in an affidavit.

d. Any award of attorney's fees or costs shall become a part of the judgment and subject to execution as the law allows.

e. In any civil litigation initiated by the Attorney General, the court may award to the prevailing party reasonable attorney's fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party, or if the court finds bad faith on the part of the losing party.

Notes

3 Miss. Code. R. 4-02-203

Adopted 10/5/2018