Rule 4(c) of the Mississippi Rules of Civil Procedure provides:
A summons and complaint shall, except as provided in subparagraphs (2) and (4) of this subdivision, 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.
Rule 4 of the Mississippi Rules of Civil Procedure is a crucial provision that sets guidelines related to the service of summons and complaints during a civil lawsuit. This rule outlines the proper procedures for the delivery of legal documents, ensuring that defendants are officially notified about the claims against them. Understanding the different types of Rule 4 under the Mississippi Rules of Civil Procedure is essential for both individuals involved in lawsuits and legal professionals. The various categories of Rule 4 in Mississippi include: 1. Rule 4(c) — Personal Service: This provision outlines the process of delivering summons and complaints directly to the defendant, usually through a designated process server or law enforcement officer. Personal service ensures that the defendant receives the documents in person, thus guaranteeing proper notice. 2. Rule 4(c)(4) — Service by Mail: This subsection allows for an alternative method of service, specifically through certified mail with return receipt requested. However, service by mail is only permissible if the defendant agrees in writing to accept this form of service. 3. Rule 4(d) — Waiver of Service: Rule 4(d) encourages defendants to voluntarily waive formal service of process, simplifying the legal proceedings. If the defendant agrees to waive service, they acknowledge receipt of the summons and complaint, granting the plaintiff additional time to file a response. 4. Rule 4(e) — Service Upon Individuals Within the State: This provision focuses on how to properly serve individuals who reside within the state of Mississippi. It stipulates that service can be made by either personal delivery, leaving copies at the individual's dwelling with someone of suitable age and discretion, or delivering the documents to an agent authorized to receive service. 5. Rule 4(g) — Service Upon Corporations and Associations: Rule 4(g) addresses the service of process upon corporations and associations. It indicates that service can be made by delivering the documents to an officer, managing or general agent, or to any other agent authorized by appointment or law to receive service. Understanding the nuances of Rule 4 under the Mississippi Rules of Civil Procedure is crucial to ensure that legal documents are properly delivered to defendants, offering them the opportunity to respond to allegations and participate in the litigation process. Compliance with Rule 4 guarantees that all parties involved are provided with adequate notice to protect their rights and interests throughout the lawsuit.
