Mississippi Service of Process Rules
Mississippi
State Serve Rules
Additional Rules
Additional rules - TM
Certified mail counts as personal service, if returned accepted within 20 days.
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
<12, parent/guardian; 12+ minor and parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Required
Minimum age for substitute service
16
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Optional
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** A summons and complaint shall … be served by any person who is not a party and is not less than 18 years of age. When a summons and complaint are served by process server, an amount not exceeding that statutorily allowed to the sheriff for service of process may be taxed as recoverable costs in the action.
**Personal Service, Individuals.** …By delivering a copy of the summons and complaint to him personally.
**Substituted.** if service under subparagraph (1) (A) cannot be made with reasonable diligence, by leaving a copy … at the defendant’s usual place of abode with the defendant’s spouse or some other person of the defendant’s family above the age of 16 years who is willing to receive service, and [by thereafter sending a copy by first class mail to the defendant at the service address]. Service … is deemed complete on the 10th day after mailing.
**Corporations.** Upon a domestic or foreign corporation … by delivering a copy … to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process.
**Return of Service.** The person serving the process shall make proof of service thereon to the court promptly and in any event within the time during which the person must respond to the process. If service is made by a person other than a sheriff, such person shall make affidavit thereof…
