PUBLIC RECORDS ACT REQUEST
(Comprehensive Template – Mississippi Public Records Act)
[// GUIDANCE: This template is designed for requests under the Mississippi Public Records Act (Mississippi PRA, Miss. Code § 25-61-1 et seq.). Modify sections as needed for your specific request.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Public Records Act Request Letter
Date: [DATE]
To:
[RECORDS CUSTODIAN NAME]
[AGENCY NAME]
[OFFICE STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [OFFICE E-MAIL]
From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]
Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]
Recitals
A. The Requester seeks access to public records pursuant to the Mississippi Public Records Act (the "Act").
B. The Requester submits this Request to obtain public disclosure of the records described herein and, where applicable, to secure timely processing, fee limitation, and/or waiver rights provided by the Act.
Effective Date. This Request is effective on the date first written above (the "Effective Date").
Jurisdiction. Issues arising under or relating to this Request shall be governed by the Act and other applicable Mississippi law and subject to judicial review in the state court(s) specified in Section 8.
2. DEFINITIONS
For purposes of this Request, capitalized terms have the meanings set forth below:
"Act" means the Mississippi Public Records Act (Miss. Code § 25-61-1 et seq.), as amended.
"Agency" means [AGENCY NAME], including all component offices, bureaus, divisions, and subordinate units that maintain possession or control of the requested Records.
"Business Day" means any day other than Saturday, Sunday, or a state legal holiday.
"Fee Waiver" means any waiver or reduction of fees permitted by the Act or agency policy.
"Records" includes any information that qualifies as a public record subject to the Act, regardless of physical form or characteristics, including without limitation writings, memoranda, e-mails, electronic files, audio recordings, photographs, data sets, and meta-data.
"Requester" means the individual or entity identified in Section 1 as the submitting party.
3. OPERATIVE PROVISIONS
3.1 Request for Specific Records.
The Requester hereby requests that the Agency conduct a reasonable search and promptly disclose the following Records:
(a) [DETAILED, ITEM-BY-ITEM DESCRIPTION OF EACH RECORD REQUESTED, WITH DATE RANGES, KEYWORDS, FILE TYPES, ETC.];
(b) Any indices, inventories, guides, or record-keeping systems that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.
3.2 Scope of Search.
a. Timeframe. Search all Records dated or created from [START DATE] through [END DATE].
b. Locations. Search all paper and electronic record systems reasonably likely to contain responsive Records, including e-mail servers, shared drives, individual custodians' files, cloud-based repositories, and backup systems.
3.3 Preferred Format of Production.
Produce all responsive, non-exempt Records electronically in native format, unless producing such format would impose an undue burden.
3.4 Fees & Limitation.
Requester agrees to pay direct costs of duplication or other fees permitted by the Act, up to US $[CAP AMOUNT]. If estimated fees exceed this cap, the Agency shall provide an itemized written estimate and obtain written authorization before proceeding.
3.5 Fee Waiver Request (Optional).
Requester respectfully seeks a Fee Waiver to the extent permitted by the Act or agency policy because the disclosure of the requested information is in the public interest. Detailed justification appears in Exhibit A.
3.6 Rolling Production.
To avoid delay, the Agency shall produce responsive Records on a rolling basis as they are located and processed.
3.7 Exemptions & Segregability.
If the Agency withholds any portion of a Record based on an exemption, it shall:
a. Identify each applicable exemption provision;
b. Provide a reasonably specific explanation of how the exemption applies;
c. Release all reasonably segregable non-exempt portions.
3.8 Preservation of Records.
The Agency shall take all reasonable steps to prevent the loss, removal, or destruction of any potentially responsive Records pending resolution of this Request.
3.9 Method of Delivery.
Deliver all productions electronically to [E-MAIL OR FTP DETAILS] or, if necessary, on encrypted USB flash drive sent to the address listed in Section 1.
4. REPRESENTATIONS & WARRANTIES
4.1 Identity. Requester represents that the contact information provided herein is accurate and complete.
4.2 Purpose. Requester warrants that the information requested is sought for lawful purposes consistent with the Act.
4.3 Compliance. Requester represents that submission of this Request complies with all applicable Agency regulations implementing the Act.
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant. Subject to the Fee Limitation in Section 3.4, Requester agrees to remit payment of properly assessed fees within thirty (30) calendar days of invoice.
5.2 Clarification Obligation. Requester shall promptly respond to reasonable Agency inquiries necessary to clarify the scope of this Request.
6. DEFAULT & REMEDIES
6.1 Agency Default. Each of the following constitutes an "Agency Default":
a. Failure to produce non-exempt Records within the time required by the Act;
b. Assessment of unauthorized fees; or
c. Unlawful withholding of Records.
6.2 Judicial Enforcement. Requester may file a civil action in the appropriate Mississippi state court seeking injunctive relief compelling disclosure as authorized by the Act.
6.3 Attorneys' Fees & Costs. In any judicial action, the court may award reasonable attorneys' fees and costs as provided by the Act.
7. RISK ALLOCATION
7.1 Fees (Processing Only). The sole monetary exposure assumed by Requester is the payment of statutorily-authorized fees, subject to the cap in Section 3.4.
7.2 No Indemnification. Neither party provides indemnity to the other.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Request shall be governed by the Act and other applicable Mississippi law.
8.2 Forum Selection. Jurisdiction and venue shall lie in the appropriate Mississippi state court.
8.3 Injunctive Relief. Nothing herein shall limit Requester's right to seek injunctive relief compelling disclosure of Records.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Request must be in writing and signed by Requester.
9.2 Severability. If any provision of this Request is held invalid, the remainder shall remain in full force and effect.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Requester hereby executes this Public Records Act Request as of the Effective Date.
__________________________________
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Organization: [ORGANIZATION (if any)]
Date: [DATE]
EXHIBIT A – FEE WAIVER JUSTIFICATION
[Insert detailed, fact-specific argument addressing fee waiver criteria under Mississippi PRA.]
[// GUIDANCE: Prior to submission, confirm the Agency's specific procedures under Miss. Code § 25-61-1 et seq.]