Mississippi Third-Party Summons - B 250D

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US-B-250D
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Description

This form is third-party summons. A answer or a motion must be filed within 30 days after the date of the issuance of the summons.

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FAQ

The plaintiff must send a copy of the summons and complaint to the person to be served by certified mail, return receipt requested [and must thereafter mail by first-class mail, postage prepaid, a copy of the summons and complaint to the person to be served at the same address.

Rule 4(h) provides that if service is not made upon a defendant within 120 days after the filing of the complaint, the claims against that defendant will be dismissed without prejudice absent good cause for the failure to timely serve the defendant.

If a defendant is not served within 90 days after the complaint is filed, and if the party required to serve the defendant cannot show good cause why service was not made within that period, the court?on its own with notice to that party or on a motion?must dismiss the action as to that defendant without prejudice.

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.

(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 ...

Rule 45(a)(1) provides that a subpoena shall command each person to whom it is directed to attend and give testimony, or to produce and permit inspection of evidence, or to permit inspection of premises, and provides further that a command to produce evidence or to permit inspection may be joined with a command to ...

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Mississippi Third-Party Summons - B 250D