Mississippi

Mississippi Public Records Act

Miss. Code Ann. section 25-61-1 et seq.

Open Records Transparency: 52/100 (moderate) Transparency Score: 52/100

Response Timeline

Mississippi has no fixed statutory deadline. The statute requires 'reasonable access' to public records. Agencies must provide records within a reasonable time, but what constitutes 'reasonable' is not defined.

No residency requirement. Any person may request public records regardless of location or citizenship.

How to Submit a Request

Accepted Methods

  • Written — Email, mail, or delivered to agency
  • In person — Accepted at agency offices during business hours
  • Oral — Oral requests may be accepted for readily available records

No specific format required. Written requests recommended for complex requests. Must describe records with enough specificity for the agency to locate them.

Required Elements

  • Description of records requested
  • Requester contact information

Optional Elements

  • Preferred format (paper vs electronic)
  • Preferred delivery method

Fees

Fee Type Amount Notes
Copies (per page) USD0.15

Fees must be reasonably calculated to reflect actual costs. The standard photocopying rate is $0.15 per page. Advance payment may be required for large requests. There is no statutory provision for fee waivers.

Fee Waivers

  • No statutory waiver provision - waivers are entirely at agency discretion

Mississippi has no statutory fee waiver provision. Any fee reductions are purely at agency discretion.

Exemptions

  • Personnel and employment records (section 25-1-100)
  • Attorney work product and trial preparation materials (section 25-1-102)
  • Trade secrets protected under the Uniform Trade Secrets Act (section 79-23-1)
  • Law enforcement investigatory records (section 25-61-12)
  • Medical examiner records and autopsy reports (section 41-61-63)
  • Hospital and medical facility records (section 41-9-68)
  • Individual tax returns and related financial records
  • Attorney-client privileged communications
  • Juvenile court records and proceedings
  • Adoption records and sealed court records

Mississippi exemptions are scattered across various code sections rather than consolidated in the Public Records Act itself. The personnel/employment exemption under section 25-1-100 is broadly applied. The medical examiner and hospital records exemptions are specific to Mississippi.

Appeal Process

1

1

File complaint with the Mississippi Ethics Commission for review of denial

2

2

File action in chancery court for judicial review - cases are placed on priority docket

Requesters may file complaints with the Mississippi Ethics Commission or go directly to chancery court. Chancery court cases receive priority docket treatment, meaning they are heard on an expedited basis. Court reviews denials de novo.

Request Templates

NFOIC Mississippi Sample Request →

National Freedom of Information Coalition

RCFP Open Government Guide - Mississippi →

Reporters Committee for Freedom of the Press

Records Retention

Retention Law
Mississippi Archives and Records Management Law of 1981

Miss. Code Ann. §§ 25-59-1 through 25-59-31

View retention law →

Retention schedule catalog →

The Department of Archives and History administers records management for both state and local governments. Records may not be destroyed except in accordance with schedules approved by the State Records Committee or Local Government Records Committee, which have the force of law.