Mississippi Civil Subpoena
What is this form?
A Civil Subpoena is a legal document that compels a specific individual to appear in court or a related legal proceeding in the State of Mississippi. Unlike other forms of subpoenas, this document specifically requests the recipient to produce specified documents at a certain time and place. It is an essential tool in civil litigation to ensure that relevant evidence is presented during trials or depositions.
Key parts of this document
- Identification of the subpoena issuer and recipient
- Date and time when the recipient must appear
- Specific documents or evidence the recipient is required to bring
- Signature of the issuing attorney or court official
- Instructions for service of the subpoena
When to use this document
You should use this Civil Subpoena when you need to require an individual to bring documents or evidence to a legal proceeding. Common scenarios include cases where testimony or documentation is crucial for supporting a claim or defense in civil litigation. This form is often used during depositions, trials, or hearings when parties seek to gather pertinent information directly from individuals or organizations.
Who this form is for
This form is intended for:
- Attorneys representing clients in civil cases
- Individuals involved in civil litigation who need evidence to support their case
- Parties seeking to compel witness testimony or document production
Steps to complete this form
- Identify the parties involved, including the issuer and recipient of the subpoena.
- Clearly state the date, time, and location where the recipient must appear.
- List the specific documents or evidence that must be produced.
- Sign the form as the issuing attorney or authorized official.
- Ensure proper service of the subpoena according to local rules.
Notarization requirements for this form
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Mistakes to watch out for
- Failing to include a clear description of the documents needed.
- Not providing sufficient notice for the recipient to appear.
- Omitting the signature of the issuing attorney or official.
- Not following proper procedure for serving the subpoena.
Benefits of completing this form online
- Convenience of downloading and customizing the form at any time.
- Access to templates that ensure compliance with Mississippi laws.
- Ability to edit the document to fit specific needs before printing.
Form popularity
FAQ
If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena. Subpoenas are used in both criminal and civil cases.If you get a Subpoena and do not want to testify or turn over documents, do not just ignore it.
Opening Statements and Examination of Witnesses The plaintiff has the burden of proof in civil cases, so their attorney will start with presenting their case. This involves calling witnesses to testify on their behalf, as well as presenting any documents or other tangible items that are relevant.
You must engage legal counsel to file a motion to quash in the appropriate court, and you must also be prepared for the possibility that the agency or party that sought or issued the subpoena will simply seek to have it re-served by authorized means.
Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
As a subpoena is a court order, failing to respond to a subpoena without lawful excuse is a contempt of court. There may be civil or criminal penalties. A subpoena must be served by giving it to an individual, or delivering it to the registered office of a company (including by post).
You can Subpoena the witness, which requires them to come to court. You can also use a Subpoena during discovery.Fill in the name of the case, the name and address of the witness, and the courtroom for the case. When you Subpoena a witness, you must pay them a witness fee and travel costs.
A refusal to testify is considered civil contempt. But even civil contempt is considered quasi-criminal in nature. That means that a person is entitled to certain constitutional procedures. For example, the witness is entitled to consult with a lawyer.
