[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Letter Transmitting Summons by Publication Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to officially transmit the Summons by Publication on behalf of [Plaintiff's Name], in the matter of [Case Name], filed in the [Mississippi State Court/Judicial District/County Court/Chancery Court], with the case number [Case Number]. As per the court's order, attempts have been made to personally serve the defendant, [Defendant's Full Name], at their last known address or place of residence. However, these attempts have been unsuccessful, and it is believed that the defendant is purposely evading service or their whereabouts are unknown. In compliance with the Mississippi Rules of Civil Procedure, we now seek authorization for service by publication. This method will ensure that the defendant receives notice of the pending legal action against them. Enclosed within this letter, you will find the following documents: 1. Official Summons by Publication: This document notifies the defendant of the pending legal proceedings against them and provides details about the case, including the court's location, the case number, and the deadline for response. 2. Affidavit of Diligent Search: This affidavit outlines the diligent efforts made by our process server to locate and personally serve the defendant. It demonstrates to the court that all feasible means have been exhausted and that service by publication is necessary. 3. Proposed Order for Service by Publication: This document requests the court's approval for service by publication. It presents the reasons for selecting this method and provides legal grounds for its implementation. We kindly request your review and approval of the enclosed documents. Once authorized, we will proceed with the publication of the Summons by Publication in a newspaper of general circulation within the jurisdiction specified by the court. Please note that any response or objection from the defendant must be filed within the time frame specified by the court. Failure to respond may result in a default judgment being entered against the defendant. If you require any additional information or have any questions regarding this matter, please do not hesitate to contact me at the details provided above. Thank you for your prompt attention to this urgent matter. We greatly appreciate your cooperation and assistance in effectuating service upon the defendant. We look forward to receiving the court's approval for service by publication. Yours sincerely, [Your Name]
Mississippi Sample Letter for Letter transmitting Summons by Publication
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How to fill out Mississippi Sample Letter For Letter Transmitting Summons By Publication?
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FAQ
Id. 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.
(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.
Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...
(A) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment ...
Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, ?These are court papers.? Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.
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.
Effective July 1, 1997 a new Rule 45 was adopted. Effective July 1, 2013, Rule 45 was amended to specifically authorize a subpoena to command the person to whom it is directed to produce and permit inspection and copying of electronically stored information.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
