Opinion
No. 89-R-99001-SCT.
March 24, 2009.
ORDER
This matter is before the Court sitting en banc on the Court's own motion to amend the Waiver of Process Form 1E of the Rules of Civil Procedure. After due consideration, the Court finds that the proposed amendment should be approved.
IT IS THEREFORE ORDERED that the Waiver of Process Form 1E of the Rules of Civil Procedure is amended as set forth in Exhibit A to this Order.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition).
SO ORDERED, this the 24th day of March, 2009.
AGREE: ALL JUSTICES.
Exhibit A FORM 1E. WAIVER OF PROCESS IN THE ________________ COURT OF COUNTY, MISSISSIPPI
A.B. Plaintiff
v.
C.D. Defendant
Civil Action, File No.___________
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 minorand am not mentally incompetent, and am not a convict of any felony.
(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 _____________, 19 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 _______,19 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 ________,19 20___.
_____________ Notary Public My Commission Expires:
_____________________________
[Adopted effective February 1, 1990; amended effective July 1, 2009 to delete convicted felony exception.]