Mississippi Code

Miss. R. Civ. P. 85 (2026)

Rule 85. Title

✓ current as of July 2026

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RULE 85. TITLE

These rules shall be known as the Mississippi Rules of Civil Procedure and may be cited as M.R.C.P.; e. g., M.R.C.P. 85.

APPENDIX A. FORMS [See Rule 84]

INTRODUCTORY STATEMENT

1. The forms contained in the Appendix of Forms are sufficient under the rules. They are limited in number. No attempt is made to furnish a manual of forms.

2. Except where otherwise indicated, each pleading, motion, and other paper should have a caption similar to that of the summons, with the designation of the particular paper substituted for the word “Summons.” In the caption of the summons and in the caption of the complaint all parties must be named but in other pleadings and papers it is sufficient to state the name of the first party on each side, with an appropriate indication of other parties. See M.R.C.P. 4(b), 7(b)(2), and 10(a).

3. Each pleading, motion, and other paper is to be signed by at least one attorney of record in his individual name (M.R.C.P. 11). The attorney’s name is to be followed by his address as indicated in Form 2. In forms following Form 2 the signature and address are not indicated.

4. If a party is not represented by an attorney, the signature and address of the party are required in place of those of the attorney (M.R.C.P. 11).

FORM 1A. SUMMONS

(Process Server)

IN THE COURT OF COUNTY, MISSISSIPPI

A.B., Plaintiff(s) v. Civil Action, File No. CD., Defendant(s)

SUMMONS

THE STATE OF MISSISSIPPI TO: (Insert the name and address of the person to be served)

NOTICE TO DEFENDANT(S)

THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS.

You are required to mail or hand deliver a copy of a written response to the Complaint to , the attorney for the Plaintiff(s), whose post office address is and whose street address is . Your response must be mailed or delivered within (30) days from the date of delivery of this summons and complaint or a judgment by default will be entered against you for the money or other things demanded in the complaint.

You must also file the original of your response with the Clerk of this Court within a reasonable time afterward.

Issued under my hand and the seal of said Court, this day of , 20 .

Clerk of County, Mississippi

(Seal)

[This form shall appear on the reverse side of Form 1A. Summons (Process Server)]

PROOF OF SERVICE--SUMMONS

(Process Server)

[Use separate proof of service for each person served]

Name of Person or Entity Served

I, the undersigned process server, served the summons and complaint upon the person or entity named above in the manner set forth below (process server must check proper space and provide all additional information that is requested and pertinent to the mode of service used):

FIRST CLASS MAIL AND ACKNOWLEDGEMENT SERVICE. By mailing (by first class mail, postage prepaid), on the date stated in the attached Notice, copies to the person served, together with copies of the form of notice and acknowledgement and return envelope, postage prepaid, addressed to the sender (Attach completed acknowledgement of receipt pursuant to M.R.C.P. Form 1B).

PERSONAL SERVICE. I personally delivered copies to on the day of , 20 , where I found said person(s) in County of the State of .

RESIDENCE SERVICE. After exercising reasonable diligence I was unable to deliver copies to said person within county, (state). I served the summons and complaint on the day of , 20 , at the usual place of abode of said person by leaving a true copy of the summons and complaint with who is the (here insert wife, husband, son, daughter or other person as the case may be), a member of the family of the person served above the age of sixteen years and willing to receive the summons and complaint, and thereafter on the day of , 20 , I mailed (by first class mail, postage prepaid) copies to the person served at his or her usual place of abode where the copies were left.

CERTIFIED MAIL SERVICE. By mailing to an address outside Mississippi (by first class mail, postage prepaid, requiring a return receipt) copies to the person served. (Attach signed return receipt or the return envelope marked “Refused.”)

At the time of service I was at least 18 years of age and not a party to this action.

Fee for service: $

Process server must list below: [Please print or type]

Name Address

Telephone No.

State of ) County of )

Personally appeared before me the undersigned authority in and for the state and county aforesaid, the within named who being first by me duly sworn states on oath that the matters and facts set forth in the foregoing “Proof of Service-Summons” are true and correct as therein stated.

Process Server (Signature)

Sworn to and subscribed before me this the day of 20 .

Notary Public

(Seal) My Commission Expires:

[Adopted effective March 1, 1985; amended effective May 2, 1985; amended March 17, 1995; amended December 21, 2022.]

FORM 1AA. SUMMONS

(Sheriff)

IN THE COURT OF COUNTY, MISSISSIPPI

A.B., Plaintiff(s) v. Civil Action, File No. C.D., Defendant(s)

SUMMONS

THE STATE OF MISSISSIPPI TO: (Insert the name and address of the person to be served)

NOTICE TO DEFENDANT(S)

THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS.

You are required to mail or hand-deliver a copy of a written response to the Complaint to , the attorney for the Plaintiff(s), whose post office address is , and whose street address is . Your response must be mailed or delivered within (30) days from the date of delivery of this summons and complaint or a judgment by default will be entered against you for the money or other things demanded in the complaint.

You must also file the original of your response with the Clerk of this Court within a reasonable time afterward.

Issued under my hand and the seal of said Court, this day of , 20 .

Clerk of County, Mississippi

(Seal)

[This form shall appear on the reverse side of Form 1AA: Summons (Sheriff)]

RECEIVED THIS DAY OF , 20 .

BY SHERIFF

SHERIFF’S RETURN

State of Mississippi ) County of )

( ) I personally delivered copies of the summons and complaint on the day of , 20 , to: .

( ) After exercising reasonable diligence I was unable to deliver copies of the summons and complaint to within County, Mississippi. I served the summons and complaint on the day of , 20 , at the usual place of abode of said , by leaving a true copy of the summons and complaint with , who is the (here insert wife, husband, son, daughter or other person so as the case may be), a member of the family of the person served above the age of sixteen years and willing to receive the summons and complaint, and thereafter on the day of , 20 , I mailed (by first class mail, postage prepaid) copies to the person served at his or her usual place of abode where the copies were left.

( ) I was unable to serve the summons and complaint.

This the day of , 20 .

Sheriff of County, Mississippi

By: , Deputy Sheriff

[Note: All summons issued to the sheriff must be returned within thirty days from the day the summons was received by the sheriff pursuant to the requirements of Mississippi Rule of Civil Procedure 4(c)(2)].

[Adopted effective March 1, 1985; amended effective February 1, 1990; amended December 21, 2022.]

FORM 1B. NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL

IN THE COURT OF COUNTY, MISSISSIPPI

A.B., Plaintiff(s) (include appropriate designation of other plaintiffs) v. Civil Action, File No. C.D., Defendant(s) (include appropriate designation of other defendants)

NOTICE

TO: (Insert the name and address of the person to be served)

The enclosed summons and complaint are served pursuant to Rule 4(c)(3) of the Mississippi Rules of Civil Procedure.

You must sign and date the acknowledgment at the bottom of this page. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.

If you do not complete and return the form to the sender within 20 days of the date of mailing shown below, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint.

If you do complete and return this form, you (or the party on whose behalf you are being served) must respond to the complaint within 30 days of the date of your signature. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

I declare that this Notice and Acknowledgement of Receipt of Summons and Complaint was mailed on (Insert date)

Signature

THIS ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT MUST BE COMPLETED

I acknowledge that I have received a copy of the summons and of the complaint in the above-captioned matter in the State of .

Signature

(Relationship to Entity/Authority to Receive Service of Process)

Date of Signature

State of ) County of )

Personally appeared before me, the undersigned authority in and for the State and County aforesaid, the above named , who solemnly and truly declared and affirmed before me that the matters and facts set forth in the foregoing Acknowledgement of Receipt of Summons and Complaint are true and correct as therein stated.

Affirmed and subscribed before me this day of , 20 .

Notary Public My Commission Expires

(Seal)

[Adopted effective March 1, 1985; amended effective May 2, 1985; amended March 17, 1995; amended December 21, 2022.]

FORM 1C. SUMMONS BY PUBLICATION

IN THE COURT OF COUNTY, MISSISSIPPI

A.B., Plaintiff(s) (It is sufficient here to state the name of the first plaintiff with an appropriate designation of other plaintiffs.) v. Civil Action, File No. CD., Defendant(s) (It is sufficient here to state the name of the first defendant with an appropriate designation of other defendants.)

SUMMONS

THE STATE OF MISSISSIPPI TO: (Insert name of the person(s) to be served)

You have been made a Defendant in the suit filed in this Court by (Insert name of all Plaintiffs), Plaintiff(s), seeking (Insert a brief description of the relief being sought). Defendants other than you in this action are (insert names of all defendants other than the person or persons who are the subject of this summons).

You are required to mail or hand deliver a written response to the Complaint filed against you in this action to , Attorney for Plaintiff(s), whose post office address is and whose street address is .

YOUR RESPONSE MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE DAY OF , 20 , WHICH IS THE DATE OF THE FIRST PUBLICATION OF THIS SUMMONS. IF YOUR RESPONSE IS NOT SO MAILED OR DELIVERED, A JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT.

You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward.

Issued under my hand and the seal of said Court, this day of , 20 .

Clerk of County, Mississippi

(Seal)

[Adopted effective March 1, 1985; amended effective May 2, 1985; amended December 21, 2022.]

FORM 1D. RULE 4(i) SUMMONS

(Sheriff or Process Server)

IN THE COURT OF COUNTY, MISSISSIPPI

A. B., Plaintiff(s) v. Civil Action, File No. C. D., Defendant(s)

SUMMONS

THE STATE OF MISSISSIPPI TO: (Insert the name

NOTICE TO DEFENDANT(S)

THE COMPLAINT OR PETITION WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS.

You are summoned to appear and defend against said complaint or petition at ___O’clock ____.M. on the day of 20 , in the courtroom of the County Courthouse at , Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the complaint or petition.

You are not required to file an answer or other pleading but you may do so if you desire.

Issued under my hand and the seal of said Court, this day of , 20 .

Clerk of County, Mississippi (Seal) (Note: All summons issued to the sheriff must be returned prior to the time the defendant is summoned to appear.)

[Adopted effective January 10, 1986; amended December 21, 2022.]

FORM 1DD. RULE 4(i) SUMMONS

(Summons by Publication)

IN THE COURT OF COUNTY, MISSISSIPPI

A.B., Plaintiff(s) (It is sufficient here to state the name of the first plaintiff with an appropriate designation of other plaintiffs.) v. Civil Action, File No. C.D., Defendant(s) (It is sufficient here to state the name of the first defendant with an appropriate designation of other defendants.)

SUMMONS

THE STATE OF MISSISSIPPI TO: (Insert name of the person(s) to be served.)

You have been made a Defendant in the suit filed in this Court by , (Insert name of all Plaintiffs) Plaintiff(s) seeking (Insert a brief description of the relief being sought). Defendants other than you in this action are (Insert names of all defendants other than the person or persons who are the subject of this summons)

You are summoned to appear and defend against the complaint or petition filed against you in this action at o’clock _. M. on the day of , 20 , in the courtroom of the County Courthouse at , Mississippi, and in case of your failure to appear and defend, a judgment will be entered against you for the money or other things demanded in the complaint or petition.

You are not required to file an answer or other pleading but you may do so if you desire.

Issued under my hand and the seal of said Court, this day of , 20 .

Clerk of County,

Mississippi (Seal)

FORM 1E. WAIVER OF PROCESS

IN THE COURT OF COUNTY, MISSISSIPPI

A.B. Plaintiff v. Civil Action, File No. C.D. Defendant WAIVER OF PROCESS

The undersigned (name ), whose post office address is and whose street address is , does hereby waive the service of summons and (designate any pleading on which service is being waived ) upon myself in this cause.

In executing this document I certify that I am not an unmarried minor and am not mentally incompetent.

(In addition the person executing the waiver may add any or all of the following to the document:)

[Furthermore, by the filing of this document, I enter my appearance in this cause]

just as if I had been served more than 30 days prior to this date]

[and agree that this action may be heard and disposed of without further notice to me]

[and join in this action and in the prayer for relief]

This the day of , 20 .

Name

STATE OF ) COUNTY OF )

Personally appeared before me, the undersigned authority for the jurisdiction aforesaid, the within named who acknowledged that he signed and delivered the above and foregoing instrument on the day and year therein mentioned.

Given under my hand this the day of , 20 .

Notary Public

My Commission Expires:

[In lieu of the above acknowledgment the following oath may be used:]

STATE OF ) COUNTY OF )

Personally appeared before me the undersigned authority in and for the jurisdiction aforesaid the within named who, being first by me duly sworn, states on oath that the matters and facts set forth in the foregoing instrument are true and correct as therein stated.

Name

Sworn to and subscribed before me this the day of , 20 .

Notary Public

My Commission Expires:

[Adopted effective February 1, 1990; amended effective July 1, 2009 to delete convicted felony exception; amended December 21, 2022.]

FORM 2. MOTION FOR SUBSTITUTION - DECEASED PLAINTIFF OR DECEASED DEFENDANT

[Plaintiff, defendant or any party’s successor or representative] shows to the court that , the above-named [plaintiff or defendant], died intestate (or testate) on or about the day of , 20 ; that letters of administration upon the estate of the said were issued on the day of , 20 , to as administrator by the Court of the State of Mississippi (or, that was duly appointed executor of the last will of by the Court of the State of Mississippi and qualified as such executor on the day of , 20 ): and this is an action for [state briefly nature of action] and the claim [of Plaintiff _______ or against Defendant _______] was not extinguished by the death of [Plaintiff _______ or Defendant_______].

Wherefore [plaintiff, defendant or any party’s successor or representative] moves the court for an order substituting , administrator (or, as the case may be, executor) of the estate of , deceased, as party [plaintiff or defendant] herein.

FORM 3. APPLICATION TO CLERK FOR ENTRY OF DEFAULT AND SUPPORTING AFFIDAVIT

The clerk is requested to enter default against the defendant in the above entitled action for failure to plead, answer or otherwise defend as set out in the affidavit hereto annexed.

Attorney for Plaintiff

State of Mississippi) County of )

, being duly sworn, deposed and says:

1. That he is attorney of record of the plaintiff, and has personal knowledge of the facts set forth in this affidavit.

2. That the defendant was duly served with a copy of the summons, together with a copy of plaintiffs complaint, on the day of , 20 .

3. That more than 30 days have elapsed since the date on which the said defendant was served with summons and a copy of the complaint.

4. That the defendant has failed to answer or otherwise defend as to plaintiffs complaint, or serve a copy of any answer or other defense which he might have upon the undersigned attorney of record for the plaintiff.

5. That this affidavit is executed by affiant herein in accordance with Rule 55(a) of the Mississippi Rules of Civil Procedure, for the purpose of enabling the plaintiff to obtain an entry of default against the defendant, for his failure to answer or otherwise defend as to the plaintiffs complaint.

Attorney for Plaintiff

Sworn to and subscribed before me this the day of , 20 .

Notary Public

FORM 4. DOCKET OF ENTRY OF DEFAULT

Default entered against defendant this day of , 20 .

FORM 5. DEFAULT JUDGMENT ENTERED BY COURT

This action came on for hearing on the motion of the plaintiff for a default judgment pursuant to Rule 55(b) of the Mississippi Rules of Civil Procedure, and the defendant having been duly served with the summons and complaint and not being an infant or an unrepresented incompetent person and having failed to plead or otherwise defend, and his default having been duly entered and the defendant having taken no proceedings since such default was entered, It is Ordered and Adjudged that [here set forth relief granted to plaintiff].

This day of , 20 .

Judge

FORM 6

Court of County, Mississippi

) Plaintiff(s) ) Case No. v. ) ) Defendant(s) )

SUBPOENA TO PRODUCE MATERIALS OR TO PERMIT INSPECTION OF A PREMISES (CIVIL ACTION)

To: (Name of person or entity to whom this subpoena is directed)

Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or things within your possession, custody or control, and to permit inspection and copying of the materials:

Place: Date and Time:

Inspection of Premises: YOU ARE COMMANDED to permit entry onto the premises designated below at the time, date, and location set forth below, so that the requesting party may inspect the premises:

Place: Date and Time:

YOU SHALL NOT PRODUCE DOCUMENTS OR THINGS OR PERMIT INSPECTION UNTIL TEN DAYS AFTER YOU WERE SERVED WITH THIS SUBPOENA.

The following provisions of M.R.C.P. 45 are attached – Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e), relating to your duty to respond to the subpoena.

Date:

CLERK OF COURT OR

Signature of Clerk Attorney’s Signature

The name, email address, and telephone number of the attorney representing (name of party) , who issued or requested this subpoena are:

Notice to the person who issues or requests this subpoena: This subpoena must first be served upon each party pursuant to M.R.C.P. 5 before it is served on the person to whom it is directed. M.R.C.P. 45(a)(5).

____________________________________________________________________________________________________________________________________________________________________________________________________________________

PROOF OF SERVICE (This section shall be promptly filed with the court as required by M.R.C.P. 45(c)(2).)

I received this subpoena for (name of individual and title, if any)

on (date) .

I served the subpoena by delivering a copy on the named person as follows:

on (date) .

I returned the subpoena unexecuted because:

I declare under penalty of perjury under the laws of the State of Mississippi that the foregoing information contained in the Proof of Service is true and correct.

Date:

Server’s Signature

Printed Name and Title

Address of Server

Additional information regarding attempted services, etc.:

____________________________________________________________________________________________________________________________________________________________________________

NOTICE TO PERSONS SUBJECTED TO SUBPOENAS

Mississippi Rule of Civil Procedure 45 (d) and (e)

(d) Protection of Persons Subject to Subpoenas.

(1) In General. (A) On timely motion, the court from which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, (iii) designates an improper place for examination, or (iv) subjects a person to undue burden or expense. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, the court may order appearance or production only upon specified conditions. (2) Subpoenas for Production or Inspection. (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents, electronically stored information, or tangible things, or to permit inspection of premises need not appear in person at the place of production or inspection unless commanded by the subpoena to appear for deposition, hearing or trial. Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days for the person upon whom it is served to comply with the subpoena. Absent order of the court, production or inspection shall not be made until the tenth day after the date of service of the subpoena on the recipient and this shall be conspicuously noted on the face of the subpoena. A subpoena commanding production or inspection will be subject to the provisions of Rule 26(d). (B) The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance, if such time is less than ten days after service, serve upon the party serving the subpoena written objection to inspection or copying of any or all of the designated materials, or to inspection of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the material except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move at any time upon notice to the person served for an order to compel the production or inspection. (C) The court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (i) quash or modify the subpoena if it is unreasonable or oppressive, or (ii) condition the denial of the motion upon the advance by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, electronically stored information, or tangible things.

(e) Duties in Responding to Subpoena.

(1) Producing Documents or Electronically Stored Information. (A) Documents. A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery, motion for a protective order, or motion to quash, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(5). The court may specify conditions for the discovery, including those listed in Rule 26(b)(5). (2) Claiming Privilege or Protection. (A) Information Withheld. When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial- preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

CERTIFICATE OF SERVICE

I hereby certify that a copy of this subpoena has been served on:

Name of Counsel or Unrepresented Party

Address

If serving counsel, name of represented party

Method of Service

So certified, this the day of . Signature Counsel for

FORM 7

Court of County, Mississippi

) Plaintiff(s) ) Case No. v. ) ) Defendant(s) )

DEPOSITION SUBPOENA (CIVIL ACTION)

To: (Name of person or entity to whom this subpoena is directed)

Testimony: YOU ARE COMMANDED to appear at the place, date and time specified below to testify at a deposition. If you are an entity, you must designate one or more person to testify on the entity’s behalf about the following matters:

The persons so designated shall testify as to matters known or reasonably available to the entity.

Place: Date and Time:

The deposition will be recorded by this method: .

Production: You must also bring with you the following books, papers, documents, electronically stored information or tangible things, and must permit inspection, copying, testing or sampling of the materials:

YOU SHALL NOT PRODUCE DOCUMENTS OR THINGS OR PERMIT INSPECTION UNTIL TEN DAYS AFTER YOU WERE SERVED WITH THIS SUBPOENA.

The following provisions of M.R.C.P. 45 are attached – Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e), relating to your duty to respond to the subpoena.

Date: CLERK OF COURT OR

Signature of Clerk Attorney’s Signature

The name, email address, and telephone number of the attorney representing (name of party) , who issued or requested this subpoena are:

Notice to the person who issued or requested this subpoena: This subpoena must first be served upon each party pursuant to M.R.C.P. 5 before it is served on the person to whom it is directed. M.R.C.P. 45(a)(5).

PROOF OF SERVICE (This section shall be promptly filed with the court as required by M.R.C.P. 45(c)(2).)

I received this subpoena for (name of individual and title, if any)

on (date) .

I served the subpoena by delivering a copy on the named person as follows:

on (date) .

Unless the subpoena was issued on behalf of the State of Mississippi or an officer or agency thereof, or unless excused by the court upon a showing of indigence, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ .

I returned the subpoena unexecuted because:

I declare under penalty of perjury under the laws of the State of Mississippi that the foregoing information contained in the Proof of Service is true and correct.

Date:

Server’s Signature

Printed Name and Title

Address of Server

Additional information regarding attempted services, etc.:

____________________________________________________________________________________________________________________________________________________________________________

NOTICE TO PERSONS SUBJECTED TO SUBPOENAS

Mississippi Rule of Civil Procedure 45 (d) and (e)

(d) Protection of Persons Subject to Subpoenas.

(e) Duties in Responding to Subpoena.

CERTIFICATE OF SERVICE

I hereby certify that a copy of this subpoena has been served on:

Name of Counsel or Unrepresented Party

Address

If serving counsel, name of represented party

Method of Service

So certified, this the day of . Signature Counsel for

FORM 8

Court of County, Mississippi

) Plaintiff(s) ) Case No. v. ) ) Defendant(s) )

SUBPOENA TO APPEAR AND TESTIFY AT A HEARING OR TRIAL (CIVIL ACTION)

To: (Name of person to whom this subpoena is directed)

YOU ARE COMMANDED to appear in the Court of County, Mississippi at the place, date and time specified below to testify in the above case.

Place of Testimony: Courtroom:

Date and Time:

You must also bring with you the following documents, electronically stored information or things (leave blank if inapplicable):

YOU SHALL NOT PRODUCE DOCUMENTS OR THINGS OR PERMIT INSPECTION UNTIL TEN DAYS AFTER YOU WERE SERVED WITH THIS SUBPOENA.

The following provisions of M.R.C.P. 45 are attached – Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e), relating to your duty to respond to the subpoena.

Date:

CLERK OF COURT OR

Signature of Clerk Attorney’s Signature

The name, email address, and telephone number of the attorney representing (name of party) , who issued or requested this subpoena are:

PROOF OF SERVICE (This section shall be promptly filed with the court as required by M.R.C.P. 45(c)(2).)

I received this subpoena for (name of individual and title, if any)

on (date) .

I served the subpoena by delivering a copy on the named person as follows:

on (date) .

I returned the subpoena unexecuted because:

I declare under penalty of perjury under the laws of the State of Mississippi that the foregoing information contained in the Proof of Service is true and correct.

Date:

Server’s Signature

Printed Name and Title

Address of Server

Additional information regarding attempted services, etc.:

____________________________________________________________________________________________________________________________________________________________________________

NOTICE TO PERSONS SUBJECTED TO SUBPOENAS

Mississippi Rule of Civil Procedure 45 (d) and (e)

(d) Protection of Persons Subject to Subpoenas.

(e) Duties in Responding to Subpoena.

CERTIFICATE OF SERVICE

I hereby certify that a copy of this subpoena has been served on:

Name of Counsel or Unrepresented Party

Address

If serving counsel, name of represented party

Method of Service

So certified, this the day of . Signature Counsel for

APPENDIX B. STATUTES AFFECTED

[DELETED IN ITS ENTIRETY.] [Effective June 24, 1992.]

APPENDIX C. TIME TABLE FOR PROCEEDINGS UNDER THE MISSISSIPPI RULES OF CIVIL PROCEDURE

[DELETED IN ITS ENTIRETY.] [Effective June 24, 1992.]