Responsibilities of the Clerk

Our Duties by Mississippi Statute include but are not limited to:

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-135. Clerk to attend court and keep minutes

(1) The clerk shall, in person or by deputy, attend all the sessions of the court, and shall keep minute books, in which he shall record, under the directions of the chancellor, all the proceedings of the court; and the minutes of the preceding day shall be read by him each morning of the session in open court, and the last day's proceedings shall be read by him in open court before adjournment, and the minutes must be signed by the chancellor.

(2) The clerk, at his option, may elect to keep the minute books by means of electronic filing or storage or both, as provided in Sections 9-1-51 through 9-1-57 in lieu of or in addition to any paper records.

Sources: Codes, 1857, ch. 62, art. 15; 1871, 991; 1880, 1808; 1892, 461; Laws, 1906, 510; Hemingway's 1917, 267; Laws, 1930, 326; Laws, 1942, 1236; Laws, 1994, ch. 521, 4, eff from and after passage (approved March 25, 1994).

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-137. Other Duties of the Clerk.

It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all accounts allowed; all inventories, appraisements, and reports duly returned; all instruments which are duly proved, and which by law are required to be recorded in his office, in well-bound books to be kept for that purpose, each class in a separate book or books, or by means of electronic filing or storage or both in addition to or in lieu of any such physical records as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect; all records shall be properly indexed. He shall issue all process which may be required of him by law or by order of the court, or the chancellor in vacation; and shall discharge all other duties which may be required of him by law, or which properly appertain to the duties of his office. The clerk shall be under the direction of the court in termtime, and of the chancellor in vacation.

Sources: Codes, 1871, 996; 1880, 1822; 1892, 477; Laws, 1906, 526; Hemingway's 1917, 283; Laws, 1930, 327; Laws, 1942, 1237; Laws, 1994, ch. 521, 5, eff from and after passage (approved March 25, 1994).

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-141. Acts Clerk May Perform at Any Time.

The clerk or his deputy may at any time receive and file all bills, petitions, motions, accounts, inventories, reports, or other papers offered for that purpose, and may issue all process authorized by law and proper in any matter or proceeding. He may also at any time, in termtime or vacation, perform the following functions; issue warrants of appraisement to appraise the personal estate of decedents; allow and register claims against estates being administered in the court of which he is clerk; make all orders and issue all process necessary for the collection and preservation of estates of decedents, minors, and persons of unsound mind; appoint some person to collect and preserve the estate of any decedent in the state in any case provided for; grant letters of administration to the husband or wife, or other person entitled thereto; take the proof of wills, admit wills to probate, in common form, grant letters testamentary, letters of administration with the will annexed, and de bonis non; appoint guardians for minors, persons of unsound mind, and convicts of felony; grant letters of administration; institute suits in cases provided for, and, whenever an appeal shall be taken from the grant of letters testamentary, of administration, or guardianship, appoint some fit person to discharge the duties pending the appeal. He may do all such other acts as are provided by law and by the Mississippi Rules of Civil Procedure.

Sources: Codes, 1871, 995; 1880, 1814; 1892, 468; Laws, 1906, 517; Hemingway's 1917, 274; Laws, 1930, 337; Laws, 1942, 1248; Laws, 1914, ch. 212; Laws, 1974, ch. 449, 1; Laws, 1991, ch. 573, 7, eff from and after July 1, 1991.

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-157. Register of Sureties on Bonds to Be Kept.

The clerk of the chancery court shall either procure a well-bound book, arranged alphabetically and properly ruled, lined and headed to show the name of the principal and surety, name of principal obligor, name of obligee, date of bond, penalty of bond, kind of bond, where recorded if recorded, number of suit in which filed and date of discharge or provide for the electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57 of this information. In one of these manners he shall abstract each bond, when filed in his office, by entering in such record the name of each principal and surety, under the proper letter, the name of principal obligor, name of obligee, date, penalty, kind of bond, where recorded if recorded, and number of suit in which filed. And when such bond has been discharged, the date thereof shall be entered in said record under the proper heading. The clerk of the chancery court shall also, as soon as said record has been obtained, thus abstract all executor's, administrator's and guardian's bonds in matters at that time pending in the chancery court of his county.

Sources: Codes, 1906, 527; Hemingway's 1917, 284; Laws, 1930, 345; Laws, 1942, 1256; Laws, 1994, ch. 521, 7, eff from and after passage (approved March 25, 1994).

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-159. Abstract of Certain Decrees Furnished Circuit Clerk.

The clerk of the chancery court shall, within ten days after the expiration of the term at which any decree for money shall be made, which is enforceable by execution against the defendant, furnish an abstract of such decree to the clerk of the circuit court of the county in which such decree is made; and it shall be the duty of the circuit clerk forthwith to enroll the same on the "Judgment Roll" in his office as judgments of the circuit court are required to be enrolled.

Sources: Codes, 1880, 1823; 1892, 478; Laws, 1906, 528; Hemingway's 1917, 285; Laws, 1930, 346; Laws, 1942, 1257.

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-161. Clerk to Make Final Record of Causes. 

(1) The clerk shall, within three months after the final termination of each suit involving real estate, record all the pleadings, proofs, exhibits and proceedings therein, or such part thereof as may be required by order of the chancellor, in a book to be kept for that purpose, and to be styled "The Book of Final Records in Chancery." He shall likewise make a final record of all other proceedings or suits, if required by the decree or by order of the chancellor, omitting such portions from the record books as the chancellor may direct. The clerk shall also make final record of all or such portions of a former terminated proceeding or suit as may be requested by any person, upon payment by such person of the cost thereof. (2) It shall be the duty of the chancery clerk of any county in which there is a county court established, to record in the final record the proceedings of all or any part thereof of proceedings in said court, affecting the title of lands in said county, when requested so to do by any person interested in said lands, and upon the payment of the fee therefor by the person requesting same, and the clerk shall index same in the deed records of the county, and the filing of said proceedings or parts thereof shall be constructive notice from the date of said filing to all persons of said proceedings the same as if they had been decided by the chancery court. (3) The records required by subsections (1) and (2) of this section may be kept by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect.

Sources: Codes, 1857, ch. 62, art. 15; 1871 991; 1880, 1808; 1892, 462; Laws, 1906, 511; Hemingway's 1917, 268; Laws, 1930, 347; Laws, 1942, 1258; Laws, 1946, ch. 469, 1, 2; Laws, 1994, ch. 521, 8, eff from and after passage (approved March 25, 1994).

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-163. Custodian of Certain Records and Papers.

The clerk of the chancery court shall be the custodian of all documents, records, books and papers belonging, or in any way appertaining, to the probate court, and of the board of police, formerly existing, except as to such as may be required by law to be kept by the clerk of the circuit court; and, as such custodian, he shall do and perform all acts in relation to such records, books and papers which were heretofore required of, or might lawfully have been done by, the clerk of the said probate court or board of police. All such documents, records, books and papers may be kept by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect.

Sources: Codes, 1871, 997; 1880, 1824; 1892, 479; Laws, 1906, 529; Hemingway's 1917, 286; Laws, 1930, 348; Laws, 1942, 1259; Laws, 1994, ch. 521, 9, eff from and after passage (approved March 25, 1994).

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-171. Destruction of Records.

[With respect to those counties which have exempted themselves from the provisions of Section 25-60-1, this section shall read as follows:]

(1) The chancery clerk of each of the counties of the State of Mississippi, with the approval of the board of supervisors of such county, after an inventory has been made and checked by the board and an order spread on its minutes listing the reference, is authorized to destroy the following records:

The following records after fifteen (15) years:

• Uniform Commercial Code.

The following records after ten years:

• Proof of Publication, except when proof of publication is placed in a court file.
• Personal assessment rolls.
• Personal tax receipts.
• Bank statements.
• Cancelled warrants and pay certificates.
• Board of supervisors paid bills.
• Bids to furnish county with supplies.
• Sheriff's cashbook.

The following records after seven years:

• Justice court records of fines collected.
• Motor Vehicle tag reports.
• Automobile tag receipts.
• Privilege tax receipt books.
• Tax collector's reports of tax collection to county auditor and county superintendent of education.

The following records after five years:

• Depository receipt warrants.
• Chancellor's trial docket sheets.
• Original of board of supervisors' orders after such orders have been recorded in the minute book.
• Cancelled bonds and coupons.
• Poll tax receipts.
• Duplicate warrants.
• Purchase orders.
• Purchase requisitions.
• Receiving reports.

The following records after three years:

• Homestead exemption applications.

The following records after two years:

• Notice of federal tax lien with certificate of discharge attached thereto.

(2) Provided, however, that no records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of said audits and litigation.

(3) The shorthand books, notes, transcripts, tapes or other records of court reporters may be destroyed after six years without the necessity of an inventory if the board of supervisors, of the county in which the court wherein such records were reported is located, enters an order spread on its minutes authorizing the destruction of all such records pertaining to any matters reported prior to that six-year period.

(4) Any of the records referred to in this section may be preserved by means of electronic storage as provided in Sections 9-1-51 through 9-1-57, whether the record is to be destroyed or not.

[With respect to those counties which have not exempted themselves from the provisions of Section 25-60-1, this section shall read as follows:]

(1) The chancery clerk of each of the counties of the State of Mississippi, with the approval of the board of supervisors of such county, after an inventory has been made and checked by the board and an order spread on its minutes listing the reference, is authorized to dispose of records pursuant to a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.

(2) No records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of the audits and litigation.

(3) Records may be filed and retained by electronic means as provided in Sections 9-1-51 through 9-1-57, whether the record is to be destroyed or not; provided, however, that destruction of such records shall be carried out in accordance with Sections 25-59-21 and 25-59-27, Mississippi Code of 1972.

Sources: Codes, 1942, 1261.5; Laws, 1952, ch. 208, 1-3; Laws, 1966, ch. 337, 1-3; Laws, 1987, ch. 420; Laws, 1994, ch. 521, 11; Laws, 1996, ch. 537, 7; Laws, 1998, ch. 439, 1, eff from and after July 1, 1998.

Mississippi Code: Title 9 Courts: Chapter 5 Chancery Courts: Chancery Clerks: 9-5-173. Register of Claims Against Estates.

The clerk shall keep in his office a well-bound book, or by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect, to be called the "Register of Claims," each page of which shall be divided into five columns, the first to contain the creditor's name, the second the description of the claim, the third the time when due, the fourth the amount of the claim, and the fifth the day of the registry. He shall register in said book all claims proved and allowed against any estate administered in his court.

Sources: Codes, 1871, 996; 1880, 1822; 1892, 477; Laws, 1906, 526; Hemingway's 1917, 283; Laws, 1930, 335; Laws, 1942, 1246; Laws, 1994, ch. 521, 12, eff from and after passage (approved March 25, 1994).