reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-307 - Duties of interpreter

The duties of the interpreter may include:
(a)
Interpreting during court and court-related proceedings, including any and all meetings and conferences between client and his attorney;
(b)
Translating or interpreting documents;
(c)
Assisting in taking depositions;
(d)
Assisting in administering oaths; and
(e)
Such other duties as may be required by the judge of the court making the appointment.
Laws, 1984, ch. 414, § 4, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-309 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Laws, 1984, ch. 414, § 5.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-311 - List of qualified interpreters

It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through (a) the Mississippi Registry of Interpreters for the Deaf; (b) the community services program at the Mississippi School for the Deaf, or, (c) any community resource wherein the appointing authority or the deaf person is knowledgeable that such qualified interpreters can be found. It shall be the responsibility of the community services program at the Mississippi School for the Deaf to compile and update annually a listing of qualified interpreters and to make this listing available to authorities in possible need of interpreter services as provided in Sections
13-1-301
through
13-1-315
.
Laws, 1984, ch. 414, § 6, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-313 - Affirmation of true interpretation

Before participating in any proceedings subsequent to an appointment under the provisions of Sections
13-1-301
through
13-1-315
, an interpreter shall make an oath or affirmation that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such persons in the English language to the best of his skill and judgment. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates.
Laws, 1984, ch. 414, § 7, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › INTERPRETERS FOR THE DEAF (§§ 13-1-301 — 13-1-315) › Section 13-1-315 - Fees for interpreters

An interpreter appointed under the provisions of Sections
13-1-301
through
13-1-315
shall be entitled to a reasonable fee for such services in addition to actual expenses for travel and transportation. The court or appointing authority may consider standards established by the Mississippi Registry of Interpreters for the Deaf in determining a reasonable fee. When the interpreter is appointed by a court in a criminal case the fee shall be paid out of the general fund of the state, county or municipality, as the case may be. An interpreter's fee in a civil action shall be paid out of funds provided by law or by one or more of the parties as the court may direct and may be taxed ultimately as costs in the discretion of the court. When an interpreter is provided by an appointing authority pursuant to subsection (2) of Section
13-1-303
, the fee shall be paid out of funds available to the appointing authority.
Laws, 1984, ch. 414, § 8, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-401 - Applicability of special evidentiary provisions

The rules of evidence prescribed in Sections
13-1-401
through
13-1-415
shall be applicable in any youth court proceeding and in any criminal prosecution under the following sections of the Mississippi Code of 1972:
(a)
Section
97-5-21
, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18);
(b)
Section
97-5-23
, Mississippi Code of 1972, relating to the touching of a child for lustful purposes;
(c)
Section
97-5-35
, Mississippi Code of 1972, relating to the exploitation of children;
(d)
Section
97-5-39
, Mississippi Code of 1972, relating to contributing to the neglect or delinquency of a child and felonious battery of a child;
(e)
Section
97-5-41
, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child or child of a cohabitating partner;
(f)
Section
97-3-95
, Mississippi Code of 1972, relating to sexual battery; or
(g)
Section
97-29-59
, Mississippi Code of 1972, relating to unnatural intercourse.
Laws, 1986, ch. 345, § 1, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-403 - Admissibility of child's out-of-court statements

(1)
An out-of-court statement made by a child under the age of twelve (12) describing any act of child abuse, sexual abuse or any other offense involving an unlawful sexual act, contact, intrusion or penetration performed in the presence of, with, by or on the declarant child, not otherwise admissible, is admissible in evidence to prove the contents thereof, if:
(a)
Such statement is made for the purpose of receiving assistance or advice in order to prevent or mitigate the recurrence of the offenses, or in order to obtain advice about the psychological, social or familial consequences associated with the offenses; and
(b)
Such statement is made to a person on whom the child should reasonably be able to rely for assistance, counseling or advice; and
(c)
The child either:
(i)
Is available to testify; or
(ii)
Is unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. A finding of unavailability, except in those situations specified by Rule 804 of the Mississippi Rules of Evidence, shall require a finding by the court, based on the specific behavioral indicators described in Section
13-1-411
, that the child's participation in the trial would result in a substantial likelihood of traumatic emotional or mental distress; and
(d)
The court finds in a hearing conducted outside the presence of the jury that the time, content and circumstances of the statement provide sufficient guarantees of trustworthiness. In determining the trustworthiness of the statement, the court may consider the age and maturity of the child, the nature and duration of the abuse or offense alleged, factors which may detract from the declarant's credibility, information provided about the child's reliability based on the specific behavioral indicators described in Section
13-1-411
, or any other factor deemed appropriate.
(2)
The defendant shall be notified no later than ten (10) days before trial that an out-of-court statement as described in this section shall be offered in evidence at trial. The notice shall include a written statement of the content of the child's statement, the time the statement was made, the circumstances surrounding the statement which indicate its reliability and such other particulars as necessary to provide full disclosure of the statement.
(3)
The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.
Laws, 1986, ch. 345, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-405 - Use of closed circuit television to show child's testimony

(1)
Upon motion and hearing in camera, the trial court may order that the testimony of a child under the age of sixteen (16) that an unlawful sexual act, contact, intrusion, penetration or other sexual offense was committed upon him or her, or that he or she witnessed its perpetration upon another child, be taken outside of the courtroom and shown in the courtroom by means of closed circuit television, upon a finding based on specific behavioral indicators described in Section
13-1-411
, that there is a substantial likelihood that the child will suffer traumatic emotional or mental distress if compelled to testify in open court.
(2)
The motion may be filed by the child, his attorney, parent, legal guardian or guardian ad litem, or any party to the case. The court may also raise the matter on its own motion.
(3)
Upon stipulation of the parties, the court may appoint a person who is qualified as an expert and who has dealt with the child in a therapeutic setting concerning the offense to aid in formulating methods of questioning the child and to assist the court in interpreting the answers of the child.
(4)
Closed circuit television testimony may be taken by any method not inconsistent with the Mississippi Rules of Civil Procedure and the Mississippi Uniform Criminal Rules of Circuit Court Practice. After a determination that the defendant's presence would cause a substantial likelihood of traumatic emotional or mental distress to the child, the judge may exclude the defendant from the room where the testimony is taken. In any case in which the defendant is so excluded, arrangements must be made for the defense attorney to be in continual contact with the defendant by any appropriate private electronic or telephonic method throughout the questioning. The defendant and the jury must be able to observe the demeanor of the child witness at all times during the questioning.
(5)
The court shall make specific findings of fact, on the record, as to the basis for its rulings under this section.
(6)
All parties must be represented by counsel at any taking of any testimony under this section.
Laws, 1986, ch. 345, § 3, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-409 - Expert testimony as to meaning of child's testimony; appointment of expert

(1)
If scientific, technical or other specialized knowledge will assist the trier of fact in understanding the testimony of a child under the age of twelve (12) in a case in which the occurrence or non-occurrence of physical or sexual abuse of a child is a material issue, a witness qualified as an expert by knowledge, skill, experience, training or education, may testify, based on such expertise, in the form of an opinion or otherwise.
(2)
The facts or data in the particular case upon which such an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences about the occurrence or non-occurrence of physical or sexual abuse of children, or about children who may be victims or observers of such abuse, the facts or data need not be admissible in evidence.
(3)
Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
(4)
The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
(5)
The court, in a case where the occurrence or non-occurrence of physical or sexual child abuse is a material issue, may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nomination. The court may appoint any expert witnesses agreed upon by the parties, and may appoint witnesses of its own selection. An expert witness shall not be appointed by the court unless he consents to act. A witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of his findings, if any; his deposition may be taken by any party; and he may be called to testify by the court or any party. He shall be subject to cross-examination by each party, including a party calling him as a witness.
(6)
In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness.
(7)
Nothing in this subsection limits the parties in calling expert witnesses of their own selection.
Laws, 1986, ch. 345, § 5, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-411 - Behavioral indicators used to determine applicability of evidentiary provisions

The phrase "specific behavioral indicators" when used herein to refer to evidence (regardless of admissibility) that a child has suffered physical or sexual abuse or might suffer traumatic emotional or mental distress if required to testify in court, shall include, by way of illustration and not of limitation, indications of physical or psychological trauma which are (a) well defined, (b) positively correlated or causally linked with the likelihood of traumatic emotional or mental distress on testifying, and (c) rarely, if at all, present in children who have not suffered child abuse, considering the combination or intensity present in the child at issue.
The evidence described in this section shall be provided by competent witnesses, including but not limited to child psychologists, child psychiatrists and other qualified witnesses.
Laws, 1986, ch. 345, § 6, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-413 - Court's power to prohibit contact with child not affected by evidentiary provisions

Sections
13-1-401
through
13-1-415
do not in any way affect any court's power to order any person to refrain from contacting, or being in the presence of, any child.
Laws, 1986, ch. 345, § 7, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 1 - EVIDENCE (§§ 13-1-1 — 13-1-415) › EVIDENCE OF CHILD ABUSE (§§ 13-1-401 — 13-1-415) › Section 13-1-415 - Implementation of evidentiary provisions by rule

The Mississippi Supreme Court may, by rule, provide procedures to implement Sections
13-1-401
through
13-1-415
.
Laws, 1986, ch. 345, § 8, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-1 - Provisions of chapter applicable to all courts

The law of process as declared in this chapter, except where its provisions are provided for by the Mississippi Rules of Civil Procedure or by the nature of the subject matter, shall govern in all courts.
Codes, 1892, § 3501; 1906, § 3999; Hemingway's 1917, § 3006; 1930, § 3052; 1942, § 1940; Laws, 1991, ch. 573, § 92, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-3 - Style and date of process

The style of all process shall be, "The State of Mississippi." It shall not be necessary that any process bear teste in the name of any judge or of any term of the court, but all process, except where otherwise provided, shall be issued and signed by the clerk of the court, with the seal of his office affixed, and shall bear date of the day on which the process shall be issued.
Codes, Hutchinson's 1848, ch. 58, art. 1 (20); 1857, ch. 61, art. 60, ch. 62, art. 26; 1871, §§ 689, 1002; 1880, § 2284; 1892, § 3413; 1906, § 3912; Hemingway's 1917, § 2919; 1930, § 2964; 1942, § 1844.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › 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.
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.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-7 - through 13-3-13 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-7. [Codes, 1857, ch. 62, art. 29; 1871, § 1008; 1880, § 1853; 1892, § 3415; 1906, § 3914; Hemingway's 1917, § 2921; 1930, § 2966; 1942, § 1846] § 13-3-9. [Codes, Hutchinson's 1848, ch. 58, art. 1 (24); 1857, ch. 61, art. 66; 1871, § 697; 1880, § 1524; 1892, § 3416; 1906, § 3915; Hemingway's 1917, § 2922; 1930, § 2967; 1942, § 1847] § 13-3-11. [Codes, Hutchinson's 1848, ch. 58, art. 1 (20); 1857, ch. 61, art. 62; 1871, § 695; 1880, § 1525; 1892, § 3417; 1906, § 3916; Hemingway's 1917, § 2923; 1930, § 2968; 1942, § 1848] § 13-3-13. [Codes, 1857, ch. 62, art. 26; 1871, § 1005; 1880, § 1848; 1892, § 3418; 1906, § 3917; Hemingway's 1917, § 2924; 1930, § 2969; 1942, § 1849: Laws, 1924, ch. 151]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-15 - Separate or additional summons; attachment against estate of defendant

Upon the request of the plaintiff, separate or additional summons shall issue against any defendants. When the defendant shall not be found, the plaintiff may have an attachment against the estate of the defendant. If, upon such attachment, the sheriff shall seize or attach any property of the defendant, the same proceedings shall thereafter be had as if the suit had been originally commenced by attachment.
Codes, Hutchinson's 1848, ch. 58, art. 1 (40); 1857, ch. 61, art. 67; 1871, § 718; 1880, §§ 1534, 1851; 1892, § 3419; 1906, § 3918; Hemingway's 1917, § 2925; 1930, § 2970; 1942, § 1850; Laws, 1991, ch. 573, § 94, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-17 - Substitution of parties in case of death of party

Substitution of parties in case of death of a party shall be governed by the Mississippi Rules of Civil Procedure.
[Codes, 1857, ch. 62, art. 32; 1871, § 1072; 1880, § 1852; 1892, § 3420; 1906, § 3919; Hemingway's 1917, § 2926; 1930, § 2971; 1942, § 1851.]; Laws, 1991, ch. 573, § 95, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-19 - through 13-3-23 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-19. [Codes, 1857, ch. 62, art. 34; 1871, § 1013; 1880, § 1855; 1892, § 3421; 1906, § 3920; Hemingway's 1917, § 2927; 1930, § 2972; 1942, § 1852; Laws, 1924, ch. 151; Laws, 1946, ch. 170] § 13-3-21. [Codes, 1857, ch. 62, art. 34; 1871, § 1013; 1880, § 1856; 1892, § 3422; 1906, § 3921; Hemingway's 1917, § 2928; 1930, § 2973; 1942, § 1853] § 13-3-23. [Codes 1880, § 1857; 1892, § 3423; 1906, § 3922; Hemingway's 1917, § 2929; 1930, § 2974; 1942, § 1854]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-25 - Summons by publication for unknown heirs and unknown defendants

When unknown heirs are made parties defendant in any proceeding in the chancery court, upon affidavit that the names of such heirs are unknown, the complainant may have publication of summons for them and such proceedings shall be had thereupon in all respects as are authorized in the case of a nonresident defendant. When the parties in interest are unknown, and affidavit of that fact be filed, they may be made parties by publication to them as unknown parties in interest.
Codes, 1857, ch. 62, art. 35; 1871, § 1069; 1880, § 1858; 1892, § 3424; 1906, § 3923; Hemingway's 1917, § 2930; 1930, § 2975; 1942, § 1855.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-27 - Publication of summons

Publication of summons in all cases and in every court, when authorized by law, shall be made as prescribed in the Mississippi Rules of Civil Procedure.
Codes, 1892, § 3425; 1906, § 3924; Hemingway's 1917, § 2931; 1930, § 2976; 1942, § 1856; Laws, 1991, ch. 573, § 96, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-29 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1880, § 462; 1892, § 3426; 1906, § 3925; Hemingway's 1917, § 2932; 1930, § 2977; 1942, § 1857.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-32 - Publication-in what newspaper-presumption of continued qualification

All newspapers which were qualified to publish legal notices and which were publishing legal notices prior to July 1, 1976, shall be presumed to qualify under Section
13-3-31
unless and until a determination has been made by competent authority that such newspaper fails to meet the requirements and provisions of Section
13-3-31
.
Laws, 1976, ch. 479, § 2, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-33 - and 13-3-35 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-33. [Codes, Hutchinson's 1848, ch. 58, art. 1 (44); 1857, ch. 61, art. 64; 1871, § 701; 1880, § 1527; 1892, § 3427; 1906, § 3926; Hemingway's 1917, § 2933; 1930, § 2978; 1942, § 1859] § 13-3-35. [Codes, 1892, § 3428; 1906, § 3927; Hemingway's 1917, § 2934; 1930, § 2980; 1942, § 1861]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-37 - Sheriff to mark and return process

The sheriff shall mark on all process the day of the receipt thereof by him, and he shall return the same promptly and in any event within the time during which the person served must respond to the process, with a written statement of his proceedings thereon, and of his fees, for serving it. For failing to note the time of the receipt of process, or for failing to return the same, the sheriff shall forfeit to the party aggrieved the sum of One Hundred Dollars ($100.00), and shall be liable for all damages, and the court may enforce return of the process by fine and imprisonment for contempt. Whenever a sheriff of any county shall receive from another county any writ or other process directed to him, he shall not be liable for a failure to return the same to the county from which the same was issued if he shall show to the court that he mailed the same in the post office, directed to the clerk of the court by whom the same was issued, at least two (2) days before the sitting of the court to which the same was returnable.
Codes, 1857, ch. 61, art. 63; 1871, § 700; 1880, § 1526; 1892, § 3429; 1906, § 3928; Hemingway's 1917, § 2935; 1930, § 2981; 1942, § 1862; Laws, 1991, ch. 573, § 97, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-39 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1942, § 2910-09; Laws, 1962, ch. 257, § 9, eff. 6/1/1962.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-41 - Service on one carrying on business in state by or through trustee or attorney in fact

All persons, firms, copartnerships or corporations carrying on business in the State of Mississippi, by or through trustees or attorneys in fact, may be served with process in all suits or proceedings in any court, by serving a copy of such process upon an agent of such trustees or attorneys in fact, in the same manner as is now provided for service of process upon foreign corporations.
Codes, 1930, § 2979; 1942, § 1860; Laws, 1924, ch. 185.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-43 - through 13-3-47 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-43. [Codes, 1857, ch. 61, art. 64; 1871, § 704; 1880, § 1530; 1892, § 3430; 1906, § 3929; Hemingway's 1917, § 2936; 1930, § 2982; 1942, § 1863] § 13-3-45. [Codes, 1857, ch. 61, art. 64; 1871, § 705; 1880, § 1531; 1892, § 3431; 1906, § 3930; Hemingway's 1917, § 2937; 1930, § 2983; 1942, § 1864] § 13-3-47. [Codes, 1892, § 3432; 1906, § 3931; Hemingway's 1917, § 2938; 1930, § 2984; 1942, § 1865]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-49 - Service when defendant is a corporation

If the defendant in any suit or legal proceeding be a corporation, process may be served on the president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, or agent of the corporation, or upon any one of the directors of such corporation. If the defendant corporation be a sleeping-car company, process may be served upon any conductor thereof. If the defendant corporation be a steamboat company, process may be served upon the captain or other officer of a boat thereof. If no such person or persons be found in the county, then it shall be sufficient to post a true copy of the process on the door of the office or principal place of business of the corporation. In suits against railroads, sleeping-car, telegraph, telephone, express, steamboat, and insurance companies or corporations, or in suits against a receiver or receivers in charge of the property of any such companies or corporations, the process may be served on any agent of the defendant or sent to any county in which the office or principal place of business may be located, and there served as herein directed and authorized, or process may be served on any one of the foregoing officers of such corporation or company, and upon the secretary, cashier, treasurer, clerk, depot agent, attorney or any other officer or agent of such receiver or receivers, or upon them in person. When any writ or process against such corporation, company, receiver or receivers has been returned executed, the defendant or defendants shall be considered in court, and the action shall proceed as actions against natural persons. All process and notices to be served upon such companies, corporations, or receivers may be served as herein directed.
Codes, Hutchinson's 1848, ch. 15, art. 3 (1); 1857, ch. 61, art. 64; 1871, § 703; 1880, §§ 1035, 1529; 1892, § 3433; 1906, § 3932; Hemingway's 1917, § 2939; 1930, § 2985; 1942, § 1866; Laws, 1894, ch. 61.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-51 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1857, ch. 61, art. 64; 1871, § 706; 1880, § 1532; 1892, § 3434; 1906, § 3933; Hemingway's 1917, § 2940; 1930, § 2986; 1942, § 1867.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-53 - Service on one of several executors or administrators

If there be two or more executors or administrators of the same estate, if process cannot be served on all of them in suits against them, service on one shall be sufficient to authorize a judgment against all.
Codes, 1857, ch. 60, art. 134; 1871, § 1192; 1880, § 1513; 1892, § 3435; 1906, § 3934; Hemingway's 1917, § 2941; 1930, § 2987; 1942, § 1868.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-55 - Suits by or against partnerships; service on one of several partners

A partnership may sue or be sued in the partnership name, or in the names of the individuals composing the partnership, or both and service of process on any partner shall be sufficient to maintain the suit against all the partners so as to bind the assets of the partnership and of the individual summoned.
Codes, 1880, § 1519; 1892, § 3436; 1906, § 3935; Hemingway's 1917, § 2942; 1930, § 2988; 1942, § 1869; Laws, 1977, ch. 405, eff. 4/1/1977.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-57 - Service on nonresident business not qualified to do business in state; survival of cause of action in case of death or inability to act; service on nonresident executor, administrator, etc

Any nonresident person, firm, general or limited partnership, or any foreign or other corporation not qualified under the Constitution and laws of this state as to doing business herein, who shall make a contract with a resident of this state to be performed in whole or in part by any party in this state, or who shall commit a tort in whole or in part in this state against a resident or nonresident of this state, or who shall do any business or perform any character of work or service in this state, shall by such act or acts be deemed to be doing business in Mississippi and shall thereby be subjected to the jurisdiction of the courts of this state. Service of summons and process upon the defendant shall be had or made as is provided by the Mississippi Rules of Civil Procedure.
Any such cause of action against any such nonresident, in the event of death or inability to act for itself or himself, shall survive against the executor, administrator, receiver, trustee, or any other selected or appointed representative of such nonresident. Service of process or summons may be had or made upon such nonresident executor, administrator, receiver, trustee or any other selected or appointed representative of such nonresident as is provided by the Mississippi Rules of Civil Procedure, and when such process or summons is served, made or had against the nonresident executor, administrator, receiver, trustee or other selected or appointed representative of such nonresident 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 or the Mississippi Rules of Civil Procedure, jurisdiction over the cause of action and over such nonresident executor, administrator, receiver, trustee or other selected or appointed representative of such nonresident 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, §§ 1437, 1438; Laws, 1940, ch. 246; Laws, 1958, ch. 245, § 1; Laws, 1964, ch. 320, § 1; Laws, 1968, ch. 330, § 1; Laws, 1971, ch. 431, § 1; Laws, 1978, ch. 378, § 1; Laws, 1980, ch. 437; Laws, 1991, ch. 573, § 98, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-59 - and 13-3-61 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-59. [Codes, 1942, § 1439; Laws, 1940, ch. 246] § 13-3-61. [Codes, 1942, § 1440; Laws, 1940, ch. 246]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-65 - and 13-3-67 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-65. [Codes, Hutchinson's 1848, ch. 58, art. 1 (43); 1857, ch. 61, art. 73; 1871, § 715; 1880, § 1535; 1892, § 3437; 1906, § 3936; Hemingway's 1917, § 2943; 1930, § 2989; 1942, § 1870] § 13-3-67. [Codes, Hutchinson's 1848, ch. 58, art. 1 (95); 1857, ch. 61, art. 69; 1871, § 711; 1880, § 2285; 1892, § 3438; 1906, § 3937; Hemingway's 1917, § 2944; 1930, § 2990; 1942, § 1871]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-69 - Process not void for certain defects

If any matter required to be inserted in or indorsed on any process be omitted, such process shall not on that account be void, but it may be set aside as irregular, or amended on such terms as the court shall deem proper. The amendment may be made upon an application to set aside or quash the writ.
Codes, 1857, ch. 61, art. 70; 1871, § 712; 1880, § 2286; 1892, § 3439; 1906, § 3938; Hemingway's 1917, § 2945; 1930, § 2991; 1942, § 1873.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-71 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1942, § 1872; Laws, 1936, ch. 244; Laws, 1956, ch. 238; Laws, 1966, ch. 355, § 1; Laws 1981, ch. 358, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-73 - Plaintiff's options when sheriff kept off by force

When the sheriff shall return, on any process, that he has been kept off by force, the plaintiff may issue an alias or pluries, as the case may be, or he may proceed in the action against the defendant as if the process had been returned executed.
Codes, Hutchinson's 1848, ch. 58, art. 1 (41); 1857, ch. 61, art. 71; 1871, § 713; 1880, § 2287; 1892, § 3440; Laws, 1906, § 3939; Hemingway's 1917, § 2946; Laws, 1930, § 2992; Laws, 1942, § 1874.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-75 - Return of alias where first writ served

If any process be executed, and for want of a return thereof other process be issued, the sheriff or other officer shall not execute the subsequent process, but shall return the first process by him executed, if it be in his possession, and, if it be not in his possession, he shall return the subsequent process, with an indorsement of the execution of the first process, and how it was executed, on which there shall be the same proceedings as if the said first process had been duly returned.
Codes, Hutchinson's 1848, ch. 58, art. 1 (42); 1857, ch. 61, art. 72; 1871, § 714; 1880, § 2288; 1892, § 3441; 1906, § 3940; Hemingway's 1917, § 2947; 1930, § 2993; 1942, § 1875.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-77 - Process may be executed by an officer out of his county

The sheriff or other proper officer of a county may execute process out of his county, in case the person to be served or property to be seized was in the officer's county when the writ was received, but had removed or been carried into another county before its execution. In such case the officer shall state the facts in his return, and the writ and return shall have the same effect as if the process had been returned not executed and a testatum or duplicate writ had been issued to and executed and returned by an officer of the county where served.
Codes, 1892, § 3500; 1906, § 3998; Hemingway's 1917, § 3005; 1930, § 3051; 1942, § 1939.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-79 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1880, § 2291; 1892, § 3443; 1906, § 3942; Hemingway's 1917, § 2949; 1930, § 2995; 1942, § 1877; Laws, 1986, ch. 459, § 26.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-81 - When justice court judge may execute process

If there be no sheriff in any county, or if good cause of exception exists against him, by reason of his being a party to or interested in the suit, or otherwise, the process may be directed to any justice court judge of the county, who shall be bound to execute the same, and to do all things which the sheriff would be bound to do if no exception existed against him. In case of any neglect or breach of such duty, the justice court judge shall be liable to the same penalties and subject to the same actions and remedies as sheriffs are subject to in like cases.
Codes, 1857, ch. 61, art. 75; 1871, § 699; 1880, § 2290; 1892, § 3445; 1906, § 3944; Hemingway's 1917, § 2951; 1930, § 2997; 1942, § 1879; Laws, 1986, ch. 459, § 27, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-83 - Service of notices, summonses, subpoenas, orders, pleadings, motions, etc

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.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-85 - Notice by summons of motions against officers for neglect of duty

In all cases where motions are made against officers, or officers and their sureties, for neglect of official duty under any law, five days' notice shall be given by summons, to be served as in other cases, and this shall apply to motions against the personal representative of a deceased officer.
Codes, 1892, § 3444; 1906, § 3943; Hemingway's 1917, § 2950; 1930, § 2996; 1942, § 1878.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-87 - Return of officer may be questioned by parties

The return of the officer serving any process may, in the same action, be shown to be untrue by either of the parties, but the officer himself shall not be permitted to question its truth.
Codes, 1857, ch. 61, art. 65; 1871, § 707; 1880, § 1533; 1892, § 3446; 1906, § 3945; Hemingway's 1917, § 2952; 1930, § 2998; 1942, § 1880.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-89 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
Codes, 1892, § 3447; 1906, § 3946; Hemingway's 1917, § 2953; 1930, § 2999; 1942, § 1881.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-91 - Reversal, on appeal by defendant, for want of service or defective service as an appearance

Where a judgment or decree is reversed on appeal taken by defendant for the want of service, or because of defective service of process, a new summons or citation need not be issued or served, but the defendant shall, without such process or service, be presumed to have entered his appearance to the cause in the court from which the appeal was taken when the mandate shall be filed therein.
Codes, 1892, § 3448; 1906, § 3947; Hemingway's 1917, § 2954; 1930, § 3000; 1942, § 1882.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-93 - Subpoenas for witnesses

The first process, in all civil actions, and in all courts, to compel the attendance of a witness, shall be a subpoena, the procedural aspects of which shall be governed by the Mississippi Rules of Civil Procedure.
Codes, Hutchinson's 1848, ch. 60, art. 1 (102); 1857, ch. 61, art. 194; 1871, § 761; 1880, § 1586; 1892, § 3449; 1906, § 3948; Hemingway's 1917, § 2955; 1930, § 3001; 1942, § 1883; Laws, 1991, ch. 573, § 100, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-95 - through 13-3-101 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-3-95. [Codes, Hutchinson's 1848, ch. 60, art. 1 (119); 1857, ch. 61, art. 195; 1871,§ 762; 1880, §§ 1587, 1616; 1892, § 3450; 1906, § 3949; Hemingway's 1917, § 2956; 1930, § 3002; 1942, § 1884.] § 13-3-97. [Codes, 1857, ch. 61, art. 195; 1871, § 763; 1880, § 1587; 1892, § 3451; 1906, § 3950; Hemingway's 1917, § 2957; 1930, § 3003; 1942, § 1885.] § 13-3-99. [Codes, 1880, § 1594; 1892, § 3452; 1906, § 3951; Hemingway's 1917, § 2958; 1930, § 3004; 1942, § 1886; Laws, 1936, ch. 250.] § 13-3-101. [Codes, 1857, ch. 61, art. 196; 1871, § 764; 1880, § 1588; 1892, § 3453; 1906, § 3952; Hemingway's 1917, § 2959; 1930, § 3005; 1942, § 1887.]
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-103 - Attachment for non-appearing subpoenaed witness

If any person subpoenaed as a witness shall fail to appear and attend as required, an attachment shall be issued by order of the court or other authority before which he was subpoenaed to appear, returnable at such time as the court or authority may appoint. The court or authority shall, on ordering the attachment, direct whether the witness shall enter into bond for his appearance, and in what sum, and whether with or without sureties, which bond the sheriff, or other officer by whom the attachment is executed, is authorized to take, payable to the state. In case the witness shall appear in answer to the attachment, the court may discharge him therefrom, on good cause shown, or may require him to enter into recognizance or bond for his appearance until discharged, to testify in the cause. In case the witness shall not appear, in pursuance of his recognizance or bond, the same proceedings shall be had as upon the forfeiture of a recognizance in a criminal case.
Codes, Hutchinson's 1848, ch. 60, art. 1 (121); 1857, ch. 61, art. 197; 1871, § 765; 1880, § 1589; 1892, § 3454; 1906, § 3935; Hemingway's 1917, § 2960; 1930, § 3006; 1942, § 1888.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-105 - Subpoenaed witness to attend until discharged; scire facias for defaulters

Every witness subpoenaed in any case, civil or criminal, shall attend, from day to day, and from term to term without further notice, until discharged by the court or by the party at whose instance he was subpoenaed, and in default thereof he shall be fined by the court not more than Five Hundred Dollars ($500.00), and a scire facias shall issue thereon, requiring him to appear at the next term of the court, to show cause why the fine should not be made absolute. If cause be not then shown, the fine shall be made final. In criminal cases, the court may cause the witnesses on either side to be bound by bond or recognizance to appear and testify until discharged.
Codes, Hutchinson's 1848, ch. 60, art. 1 (103, 105); 1857, ch. 61, arts. 196, 198; 1871, § 766; 1880, §§ 1590, 1591, 1592; 1892, § 3455; 1906, § 3954; Hemingway's 1917, § 2961; 1930, § 3007; 1942, § 1889.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-107 - Settlement of certain civil suits; notice to be given to subpoenaed witnesses and effect of failure to do so

If a civil suit shall be settled in vacation, notice thereof shall be given to the witnesses subpoenaed to appear. If such notice is not given, they shall be entitled to the same compensation for their subsequent attendance in pursuance of the subpoena as if the suit had not been settled.
Codes, 1857, ch. 61, art. 196; 1871, § 764; 1880, § 1588; 1892, § 3453; 1906, § 3952; Hemingway's 1917, § 2959; 1930, § 3005; 1942, § 1887.