11-19-53 - Right to discover details of claim or title to premises. - Mississippi Statutes

§ 11-19-53. Right to discover details of claim or title to premises.
 

After issue joined in ejectment, either party may discover the details of the other's claim or title to the premises in question, and the response thereto shall include a short abstract of such documentary evidences of title as the party may intend to give in evidence on the trial, and a clear and succinct statement of the substance of any and all lost or destroyed documents the contents of which he may expect to prove. If title be claimed by inheritance, or if claimed on any fact which rests in parol, the facts shall be stated. In case of claim by inheritance, if either party demand it, the other shall give the ages of the several persons to whom the land descended, and the date of the death of the person from whom they inherited the premises. If any document referred to in the response to such discovery request made by law be recorded, it shall also state where it is recorded, or, if not recorded, then it shall include copies of such as are in the possession of the party, with the names of the subscribing witnesses thereto, if any. The discovery response shall be served within the time and in the manner prescribed by the Mississippi Rules of Civil Procedure and, in default thereof, evidence of such title shall not be given on the trial. In all cases, the evidence of title shall be confined to the matters contained in the discovery response. 
 

Sources: Codes, 1857, ch. 55, art. 12; 1871, § 1551; 1880, § 2491; 1892, § 1652; 1906, § 1827; Hemingway's 1917, § 1460; 1930, § 1453; 1942, § 804; Laws,  1991, ch. 573, § 42, eff from and after July 1, 1991.