This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.
Mississippi Subpoena in an Adversary Proceeding - B 255
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US-B-255
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How to fill out Subpoena In An Adversary Proceeding - B 255?
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FAQ
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
The form ?Subpoena (Call to Appear as a Witness)? enables a party to call a witness before the Court at the date and time set for the hearing.
(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.
Effective february 22, 2023, Rule 45(a) was amended to permit an attorney admitted to practice in Mississippi, as an officer of the court, to issue subpoenas in a Mississippi case in which he or she is counsel of record.
Rule 45(c)(3) provides a non-party, subpoenaed to appear at trial more than fifty miles from the place of service, the opportunity to move to quash the subpoena unless a special showing of need is made and reasonable compensation is provided to the witness.
5. Tariff A of the Federal Court Rules provides that a witness or expert is entitled to be paid, by the party who arranged for or subpoenaed his or her attendance, the prescribed per diem plus reasonable travel expenses.
The Subpoena Requires the Disclosure of Privileged or Confidential Information. Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information.