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What is a Rule 81 summons in Mississippi?

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

How many days do you have to answer a complaint in Mississippi?

A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty days after the service upon him.

How do you serve someone in Mississippi?

Service. A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena.

How many days before court must you be served in Mississippi?

The defendant shall have thirty (30) days from the date of first publication in which to appear and defend.

Can you be served by mail in Mississippi?

(A) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment

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How far in advance must a subpoena be served in MS?

Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days for the person upon whom it is served to comply with the subpoena.

How long does a defendant have to serve an answer to a complaint filed in the District or Superior court in NC?

Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendants responses to the plaintiffs allegations and any defenses.

What does answer to the complaint mean?

Answer To a Complaint In Civil Law, an answer is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

What are the rules of 81?

Hence, under the original wording of Rule 81(c), where a case is filed less than 20 days before the term and is removed within a few days but before answer, it is possible for the defendant to delay interposing his answer or presenting his defenses by motion for six months or more.

What happens if someone does not respond to a complaint?

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

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