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Civil procedure

summons and complaint

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (the complaint) (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In Mississippi, the process of serving a defendant with a summons or citation, along with a copy of the complaint, is a critical step in the commencement of a lawsuit. This procedure ensures due process by notifying the defendant of the legal action against them and granting them the opportunity to appear in court to defend themselves. Additionally, it establishes the court's personal jurisdiction over the defendant. Mississippi Rule of Civil Procedure 4 outlines the specific methods of service, which include personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's dwelling or usual place of abode, or delivery to an authorized agent. If these methods are not successful, other methods such as service by publication may be used under certain conditions. The service must be executed by a person authorized under the rules, such as a sheriff or process server, and proof of service must be filed with the court to proceed with the lawsuit.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

Articles

Mississippi State Code

Civil procedure

summons and complaint

Mississippi State Code

Articles