Mississippi Code

Miss. Code Ann. § 13-3-63 (2026)

Service when defendant is nonresident motorist; appointment of secretary of state as agent

✓ current as of July 2026

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The acceptance by a nonresident of the rights and privileges conferred by the provisions of this section, as evidenced by his operating, either in person or by agent or employee, a motor vehicle upon any public street, road or highway of this state, or elsewhere in this state, or the operation by a nonresident of a motor vehicle on any public street, road or highway of this state, or elsewhere in this state, other than under this section, shall be deemed equivalent to an appointment by such nonresident of the Secretary of State of the State of Mississippi to be his true and lawful attorney, upon whom may be served all lawful processes or summonses in any action or proceeding against him, growing out of any accident or collision in which said nonresident may be involved while operating a motor vehicle on such street, road or highway, or elsewhere in this state, and said acceptance or operation shall be a signification of his agreement that any such process or summons against him which is so served shall be of the same legal force and validity as if served on him personally. Service of such process or summons shall be made by the sheriff of Hinds County, upon prepayment of the fees to which he is entitled by law, by serving two (2) copies of the process or summons for each nonresident defendant, with a fee of Fifteen Dollars ($15.00) for each such defendant on the Secretary of State or by leaving two (2) copies of said process or summons with the fee in the office of the Secretary of State, and such service shall be service upon said nonresident defendant with the same force and effect as if such nonresident had been personally served with such process or summons within the State of Mississippi. One (1) of the copies of such process or summons shall be preserved by the Secretary of State as a record of his office. Notice of such service, together with a copy of the process or summons, shall be mailed forthwith as certified or registered mail, restricted for delivery to addressee only and with postage prepaid, by the Secretary of State to each such nonresident defendant at his last known address, which address shall be written on the process or summons upon the issuance thereof by the clerk of the court wherein the action is pending, or notice of such service and copy of process or summons actually shall be delivered to the said defendant. The defendant's return receipt or evidence of defendant's refusal to accept delivery of such certified or registered mail, in case such notice and copy of process or summons are sent by certified or registered mail, or affidavit of the person delivering such notice and copy of process or summons, in case such notice and copy of process or summons actually are delivered, shall be filed in the court wherein such action is pending before judgment can be entered against such nonresident defendant. The Secretary of State, upon receipt of such return receipt or evidence of the refusal of such defendant to accept delivery of such certified or registered mail, shall promptly return same to the clerk of the court wherein such action is pending, and the said clerk of the court shall promptly file and preserve same among the records of such action or proceeding. The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.

Any cause of action arising out of such accident or collision against any such nonresident, in case of the death of such nonresident, shall survive against his administrator, executor or other personal representative of his estate, and service of all necessary and lawful process or summons, when had or obtained upon any such nonresident owner, nonresident operator or agent or employee, or upon the executor, administrator or other legal representative of the estate of such nonresident owner or nonresident operator, in the manner as hereinbefore provided, for the service of all lawful processes or summonses, herein, shall be deemed sufficient service of process or summons to give any court of this state, in which such action may be filed in accordance with the statutes of the State of Mississippi, jurisdiction over the cause of action and over the nonresident owner, nonresident operator or agent or employee, or the nonresident executor, or administrator of such nonresident owner or nonresident operator, defendant or defendants, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator, agent, employee, executor or administrator or other legal representative of the estate of such nonresident owner or nonresident operator, defendant or defendants, in the event the plaintiff in such cause of action shall prevail.

The agency or relationship created under the provisions of this section by and between the nonresident owner or nonresident operator of a motor vehicle operating upon the public road, street or highway of this state, or elsewhere in this state, as hereinbefore set forth, in the event of the death of such nonresident owner or nonresident operator of such motor vehicle, shall survive and continue and extend to his executor, administrator or other legal representative of his estate, and the Secretary of State of the State of Mississippi shall be in the same position and relationship with respect to the executor, administrator or other legal representative of the estate of such nonresident owner or nonresident operator of such motor vehicle, as he was in or would have been in with the nonresident owner or nonresident operator of said motor vehicle, had such nonresident owner or nonresident operator survived, and in any action arising or growing out of such accident or collision in which such nonresident owner or nonresident operator of a motor vehicle may be involved while operating a motor vehicle on such street, road or highway or elsewhere in this state, where the nonresident owner or nonresident operator of such motor vehicle has died prior to the commencement of an action against him because of or growing out of such accident or collision, service of process or summons may be had or made upon the nonresident executor, administrator or other legal representative of the estate of such nonresident owner or operator of the motor vehicle involved in such accident or collision, in the same manner and upon the same notice as hereinbefore provided in the case of process or summons upon the nonresident owner or nonresident operator of such motor vehicle. When such process or summons is served, made or had against the nonresident executor or administrator or such nonresident owner or such nonresident operator of such motor vehicle involved in such accident or collision, it shall be deemed sufficient service of such summons or process to give any court in this state in which such action may be filed, in accordance with the provisions of the statutes of the State of Mississippi, jurisdiction over the cause of action and over such nonresident executor or administrator of such nonresident owner or operator of such motor vehicle insofar as such cause of action is involved.

The provisions of this section shall likewise apply to any person who is a nonresident at the time any action or proceeding is commenced against him, even though said person was a resident at the time any action or proceeding accrued against him.

Codes, 1942, § 9352-61; Laws, 1938, chs. 148, 345; Laws, 1946, ch. 266, § 61; Laws, 1952, ch. 265, § 1; Laws, 1954, ch. 299, §§ 1, 2; Laws, 1958, ch. 262; Laws, 1964, ch. 376, §§ 1-4; Laws, 1978, ch. 378, § 2; Laws, 1991, ch. 443, § 1, eff. 7/1/1991.

Notes of Decisions

Cited in 29 cases (1 in the last 5 years), 1974–2025 · leading case: Bloodgood v. Leatherwood, 25 So. 3d 1047 (Miss. 2010).

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Bloodgood v. Leatherwood, 25 So. 3d 1047 (Miss. 2010). · cites it 28× “The ultimate issue in this appeal is whether the trial judge properly denied Bloodgood's motion to dismiss for insufficiency of process.”

City of Cherokee v. Parsons, 944 So. 2d 886 (Miss. 2006). · cites it 14× “Section 13-3-63 establishes that Deputy Mays and Officer McClurg, are subject to personal jurisdiction in the circuit court.”

Sealy v. Goddard, 910 So. 2d 502 (Miss. 2005). · cites it 10× “1964), which was the predecessor statute to Miss.Code Ann. § 13-3-63 (Rev.2002). We quote only so much of our non-resident motorist statute as was quoted in Hill , and in so doing, we will quote the language from the 1942 Code section as it appeared in Hill with footnotes to…”

Trailer Exp., Inc. v. Gammill, 403 So. 2d 1292 (Miss. 1981). · cites it 18× “The declaration was filed on September 14, 1979, and summons was issued under Section 13-3-63, Mississippi Code Annotated (1972).”

Horne v. Mobile Area Water & Sewer Sys., 897 So. 2d 972 (Miss. 2004). · cites it 4× “There, however, we applied Miss.Code Ann. § 13-3-63 (Rev.2002), the nonresident motorist statute *978 [2] for jurisdiction, not Miss.”

Flagstar Bank, FSB v. Danos, 46 So. 3d 298 (Miss. 2010). · cites it 4× “Miss.Code Ann. § 13-3-63 (Rev.2002). The Danoses were not required to send the letter restricted delivery; the fact that they went the extra step should not be viewed as noncompliance with Rule 4(c)(5).”

Wesley v. Mississippi Transp. Comm'n, 857 F. Supp. 523 (S.D. Miss. 1994). · cites it 8× “Plaintiffs further assert that Miss.Code Ann. § 13-3-63 (Supp. 1993) governs the proper form of service upon a nonresident motorist and that they have complied with the requirements of this statute by serving process on the Secretary of State.”

Ashley Darville v. Hector Mejia, 184 So. 3d 312 (Miss. Ct. App. 2016). · cites it 14× “Miss. Code Ann. § 13-3-63 . The Secretary of State attempted to forward the summons to Mejia, but it was returned unclaimed.”

Gulf Nat. Bank v. King, 362 So. 2d 1253 (Miss. 1978). · cites it 4× “As a practical matter, the rule urged by plaintiff would require a non-resident defendant to prove that the plaintiff knew defendant's address so that process could be served on him in accord with Section 13-3-63 Mississippi Code Annotated (1972).”

Arceneaux v. Davidson, 325 F. Supp. 2d 742 (S.D. Miss. 2004). · cites it 5× “1994), held that Miss. Code Ann. § 13-3-63 and cases interpreting it “do not require proof that [the defendant] actually received the summons and complaint” in order for there to have been valid service but rather “only require proof that the Secretary of State mailed the…”

W. Chain Co. v. Brownlee, 317 So. 2d 418 (Miss. 1975). · cites it 6× “"Service of any process herein provided for to be made upon the secretary of state shall be made in like manner and procedure, inclusive of notice of service, and with the same force and effect, as is provided by law for service on nonresident motorist defendants under section…”

Lámar v. Thomas Fowler Trucking, Inc., 956 So. 2d 878 (Miss. 2007). · cites it 2× “However, we have examined the term in the context of a previous version of our non-resident motorist statute, Miss.Code Ann. § 13-3-63 (Rev.2002). ¶ 35.”

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