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Mississippi Subpoena of Witness

Mississippi Subpoena of Witness

Name: Mississippi Subpoena of Witness
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.69 (452 reviews)

Category:

Mississippi Workers Compensation - Official

State:

Mississippi

Control #:

MS-SKU-0328

Format:

Instant download

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Description

Subpoena of Witness A Mississippi Subpoena of Witness is a legal document issued by a court in the state of Mississippi to compel a witness to appear in court and give testimony in a case. It is most commonly used in civil cases, though it can be issued for criminal proceedings as well. There are two types of Mississippi Subpoena of Witness: a general subpoena and a subpoena duces tecum. The general subpoena requires the witness to appear in court and provide testimony, while the subpoena duces tecum requires the witness to provide documents or other physical evidence in addition to their testimony. Both types of subpoena are enforceable by law and can result in sanctions for non-compliance.

A Mississippi Subpoena of Witness is a legal document issued by a court in the state of Mississippi to compel a witness to appear in court and give testimony in a case. It is most commonly used in civil cases, though it can be issued for criminal proceedings as well. There are two types of Mississippi Subpoena of Witness: a general subpoena and a subpoena duces tecum. The general subpoena requires the witness to appear in court and provide testimony, while the subpoena duces tecum requires the witness to provide documents or other physical evidence in addition to their testimony. Both types of subpoena are enforceable by law and can result in sanctions for non-compliance.

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FAQ

(1) 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.

Witnesses in the county, circuit, and chancery courts shall receive One Dollar and Fifty Cents ($ 1.50) per day and Five Cents (5 cent(s) ) for each mile going to and returning from the courthouse to their homes by the nearest route, and such tolls and ferriages as they may actually be obliged to pay; but mileage, toll

(1) Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony, or to produce and permit inspection and copying of designated books, documents or tangible things

Except as otherwise provided by law, witness' fees for each day's actual attendance, when legally required to attend a civil action or proceeding in the superior courts, are thirty-five dollars ($35) a day and mileage actually traveled, both ways, twenty cents ($0.20) a mile.

Section 25-7-47. The party causing the subpoena to be served on the witness is liable for the payment of such fee and mileage to the witness. Mississippi Code of 1972, Ann.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

Determining Federal Case Witness Fees For US federal cases, witnesses must be paid an attendance fee of $40 for each day that they appear in court, as well as a 57.5 cents mileage fee for transportation going to and from the place of attendance.

More info

A witness subpoena is a court order requiring you to appear at the stated place and time, even if you do not see a judge's signature on the document. A Witness Subpoena is a court order requiring a person to appear in court on a certain date and testify as a witness, usually in a trial. ii.1. Take a blank Subpoena to the clerk to have it issued. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. I declare under penalty of perjury that this information is true. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice in the issuing court. You must then submit your completed subpoena form to the clerk who will "issue" the subpoena (meaning the clerk will sign or stamp it). The best practice is to request the witness sign an acknowledgment accepting the subpoena. 1. Complete the subpoena form. 2.

Mississippi Subpoena of Witness

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