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The summons and a copy of the complaint must then be served on each defendant. This rule provides for personal service, residence service, first-class mail and acknowledgement service, certified mail service, and publication service.
All discovery must be completed within ninety days from service of an answer by the applicable defendant.
The temporary order will set forth who gets to live in the marital residence, what the custody and visitation arrangements will be, who will pay the bills and support to the other spouse, and so forth.
Having successfully removed the case to federal court, be sure to identify the deadline for filing an answer or other responsive pleading in that forum. Note that the deadline for a responsive pleading can be as short as seven days after the notice of removal is filed.
Legal and Physical Custody Each parent can receive joint legal and physical custody. Both parents might receive joint legal custody, but one parent will have physical custody. Both parents might receive joint physical custody, but one parent will have legal custody.
A temporary order generally lasts until the court hearing that you must have in order to receive a permanent order. This usually takes place within ten days after the abuser has been served with the temporary order.
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.
Rule 81(d) recognizes that there are certain actions and matters whose nature requires special rules of procedure. Basically these are matters of which the State has an interest in the outcome or which because of their mature should not subject a defendant/respondent to a default judgment for failure to answer.
In order to be granted an emergency custody hearing, you must be able to prove there is a real emergency. This typically means that you will have to prove that there will be immediate and irreparable harm if the court does not issue an emergency order. The Miss. R.
The youth court judge or referee, a chancellor sitting as a youth court judge, or the judge's designee, and no other judge of another court, may issue an order to take into temporary custody or custody a child within the original exclusive jurisdiction of the youth court, for a period not to exceed forty-eight (48) ...