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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.
Process servers in the state of Mississippi are not required to be licensed.
The purpose of the hearing shall be to determine if adequate probable cause exists for the issuance of a warrant. All parties testifying in these proceedings shall do so under oath.
If the motion is denied, the defendant can appeal the masters order to a judge, but an appeal from a judges order can only be brought with leave of another judge to the Divisional Court.
The defendant shall have thirty (30) days from the date of first publication in which to appear and defend.
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Presenting Exculpatory Evidence The Prosecutor needs to believe that you committed the offense to be able to charge you. But if you can provide any evidence, in the form of witnesses or physical evidence, that proves you did not commit the offense, the Prosecutor will get your charges dropped.
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.
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.
When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
Probable cause means there is a very good reason to believe a person has committed a crime, or that evidence of a crime can be found in a specific space. Isnt a Warrant Necessary? Generally speaking, a warrant is necessary to search a person or that persons home or vehicle.

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