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Overview of Responding to a State Complaint. 1. When must a defendant respond to the complaint? In Mississippi, a defendant must answer or otherwise respond within 30 days of being served with a summons and complaint (Miss.
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.
Remand means that a higher court sends back, or returns a case to the lower court. Our law firm will frequently file a motion to remand a case back to state court.
Remanded Appeals This occurs when the appellate court finds that the lower courts judge made some error related to the laws or facts in your case. Improper rulings, errors in procedure, or the exclusion of admissible evidence may result in a lower courts decision being overturned and sent back for further action.
Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.
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remand. v. to send back. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court, or after a preliminary hearing a judge may remand into custody a person accused of a crime if the judge finds that a there is reason to hold the accused for trial.
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.
The criminal statute of limitations requires prosecutors to file criminal charges against a suspect within two years for misdemeanors and within five years for certain felonies, but there is no time limit in Mississippi for charges of murder, kidnapping, rape, burglary, robbery, larceny, and several other serious
The defendant shall have thirty (30) days from the date of first publication in which to appear and defend.
Unless charged, the police must release the defendant. Laws may vary from state to state. Unlike California, where the police can only hold someone for 48 hours without charging them, Mississippi has no maximum time limits.

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