Mississippi Code

Miss. Code Ann. § 13-3-83 (2024)

Service of notices, summonses, subpoenas, orders, pleadings, motions, etc

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All notices provided for by law appertaining to actions, suits or proceedings of any kind in any court shall be served and returned by the sheriff or any constable of the county, or the marshal of any city, town or village therein in which such notices are to be served, to whom such notices may be delivered for that purpose. However, service of summonses and subpoenas in all courts except justice court shall be governed by the Mississippi Rules of Civil Procedure and in every instance, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper shall be served and filed in accordance with the provisions of the Mississippi Rules of Civil Procedure.

Codes, 1880, § 2289; 1892, § 3442; 1906, § 3941; Hemingway's 1917, § 2948; 1930, § 2994; 1942, § 1876; Laws, 1971, ch. 353, § 1; Laws, 1991, ch. 573, § 99; Laws, 1992, ch. 427 § 2, eff. 5/4/1992.


Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1974–2021 · leading case: MESC v. Parker, 903 So. 2d 42 (Miss. 2005).
MESC v. Parker, 903 So. 2d 42 (Miss. 2005). · cites it 4× “Whether the decision rendered by the Court of Appeals of the State of Mississippi on April 13, 2004 is contrary to the Employment Security Laws of the State of Mississippi.”
Wal-Mart Super Ctr. v. Long, 852 So. 2d 568 (Miss. 2003). · cites it 2× “00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery…”
Mississippi Emp. Sec. Com'n v. Parker, 905 So. 2d 613 (Miss. Ct. App. 2004). · cites it 2× “On December 6, 2002, the circuit judge reversed the decision of the Board of Review and found that pursuant to Rule 6 of the Mississippi Rules of Civil Procedure and Mississippi Code Annotated section 13-3-83, Parker was entitled to an additional three days in which to appeal…”
Owen v. Payne, 301 So. 2d 293 (Miss. 1974). · cites it 2× “There does not appear to be a Mississippi statute dealing with the filing of pleadings by mail, although Mississippi Code Annotated section 11 — 5—59 and section 13-3-83 expressly permit the mailing of amendments and supplements to pleadings and of certain notices.”
Mississippi Emp. Sec. Comm'n v. Alberta Parker, No. 2003-CT-00114-SCT (Miss. Dec. 6, 2002). · cites it 4× “Whether the Circuit Court of Pearl River County erred by applying Rule 6 of the Mississippi Rules of Civil Procedure and Miss. Code Ann. § 13-3-83 (1972), extending the administrative appeal deadline of the Claimant, Alberta Parker and II.”
McCurley v. Holmes, No. 3:19-cv-00513 (S.D. Miss. Oct. 5, 2021). · cites it 2× “00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery…”
Wal-Mart Super Ctr. v. Eva Long, No. 2001-IA-01372-SCT (Miss. Aug. 21, 2001). · cites it 2× “00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross- bill, the county court shall transfer the case to the circuit or chancery…”
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