Miss. Code § 13-3-5

Current through the 2024 Regular Session

Section 13-3-5 - The summons

(1) The process to bring in defendants in all civil actions in all courts except justice court shall be a summons, the form, issuance, service, waiver, return, amendment and time limits of which shall be governed by the Mississippi Rules of Civil Procedure.

(2) The process to bring in defendants in all civil actions in justice court shall be a summons which shall be served in one of the following modes:

First. - Upon the defendant personally, if to be found in the county, by handing him a true copy of the process.

Second. - If the defendant cannot himself be found in the county, then by leaving a true copy of the process at his usual place of abode, with his wife or some other person of his family above the age of sixteen (16) years, and willing to receive such copy.

Third. - If the defendant cannot himself be found, and if no person of his family aged sixteen (16) years can be found at his usual place of abode who is willing to receive such copy, then by posting a true copy on a door of the defendant's usual place of abode; provided, however, that if this mode is used when the defendant's usual place of abode is a multi-family dwelling, a copy of the summons shall be mailed to the defendant by the clerk of the court upon return of service.

Miss. Code § 13-3-5

Codes, 1871, §§ 693, 1001; 1880, §§ 1523, 1848; 1892, § 3414; 1906, § 3913; Hemingway's 1917, § 2920; 1930, § 2965; 1942, § 1845; Laws, 1991, ch. 573, § 93; Laws, 1992, ch. 427 § 1, eff. 5/4/1992.