2013 Mississippi Code
Title 97 - CRIMES
§ 97-44-7 - Filing of complaint

MS Code § 97-44-7 (2013) What's This?

(1) An action may be commenced under this chapter by the filing of a complaint as in civil cases.

(2) A complaint filed under this chapter, and all other ancillary or collateral matters arising therefrom, including matter relating to discovery, motions, trial and the perfection or execution of judgments shall be subject to the Rules of Civil Procedure, except as may be otherwise provided in this chapter, or except as the court may otherwise order upon motion of the prosecutor in matters relating to immunity or the physical safety of witnesses.

(3) The complaint shall name the Attorney General or his designee, if a complainant, each complaining district attorney or his designee, each complaining county attorney, and the public authority represented by him or by them.

(4) The complaint shall also name as defendants the gang, all known gang officers, and any gang members specifically identified or alleged in the complaint as having participated in a gang-related criminal activity. The complaint may also name, as a class of defendants, all unknown gang members.

(5) When, at any point prior to trial, other specific gang officers or members become known, the complaint may be amended to include any such person as a named defendant.

(6) Any individual who suffers any injury under the provisions of this chapter shall have the right to file a civil action in his or her name.

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