Monthly Archives: January 2015

Quashing a Subpoena in Mississippi

Posted on by

Miss. R. Civ. P. 45 governs the quashing of subpoenas in Mississippi. 

(1) In General. (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, (iii) designates an improper place for examination, or (iv) subjects a person to undue burden or expense. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, the court may order appearance or production only upon specified conditions. – 

Service of Subpoena

Posted on by

Miss. R. Civ. P. 45 governs the service of subpoenas in Mississippi: 

(c) Service. (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. Service of the subpoena shall be executed upon the witness personally. Except when excused by the court upon a showing of indigence, the party causing the subpoena to issue shall tender to a non-party witness at the time of service the fee for one day’s attendance plus mileage allowed by law. When the subpoena is issued on behalf of the State of Mississippi or an officer or agency thereof, fees and mileage need not be tendered in advance. (2) Proof of service shall be made by filing with the clerk of the court from which the subpoena was issued a statement certified by the person who made the service, setting forth the date and manner of service, the county in which it was served, the names of the persons served, and the name, address and telephone number of the person making the service. – See more at: http://www.rcfp.org/mississippi-privilege-compendium/v-procedures-issuing-and-contesting-subpoenas#sthash.hOCxKsrL.dpuf

Subpoena rules in Mississippi

Posted on by

In Mississippi, if you are served with a subpoena, the following rules apply:

A subpoena that fails to allow reasonable time for compliance is subject to a motion to quash. Miss. R. Civ. Proc. 45(d)(1)(A) (amended eff 7/1/13).

Subpoena for Production or Inspection – 10 Days for Compliance

Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days for the person upon whom it is served to comply with the subpoena. Miss. R. Civ. Proc. 45(d)(2)(A) (amended eff 7/1/13).

Subpoena for Production or Inspection – Immediate Service on Other Parties

A copy of any subpoena for production or inspection must be served immediately upon each party and is subject to the provisions of Rule 26(d). Miss. R. Civ. Proc. 45(d)(2)(A) (amended eff 7/1/13).

Objection to Subpoena for Production or Inspection – Within 10 Days

The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance, if such time is less than ten days after service, serve upon the party serving the subpoena written objection to inspection or copying of any or all of the designated materials, or to inspection of the premises. Miss. R. Civ. Proc. 45(d)(2)(B) (amended eff 7/1/13).

Motion to Quash – Timely Made

A motion to quash must be “timely” made. Miss. R. Civ. Proc. 45(d)(1)(A) (amended eff 7/1/13).

Notice of Deposition – Reasonable Notice

A party desiring to take the deposition of any person upon oral examination must give reasonable notice in writing to every other party to the action. Miss. R. Civ. Proc. 30(b).

Alimony Determination in Mississippi

Posted on by
Factors for spousal support or alimony in Mississippi:
In Armstrong v. Armstrong, 618 So. 2d 1278, 1280 (Miss. 1993), the Mississippi Supreme Court outlined twelve factors that must be considered by a chancellor in arriving at findings and entering a judgment for alimony. These factors are:

1. the income and expenses of the parties;
2. the health and earning capacity of the parties;
3. the needs of each party;
4. the obligations and assets of each party;
5. the length of the marriage;
6. the presence and absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide child care;
7. the age of the parties;
8. the standard of living of the parties, both during the marriage and at the time of the support determination;
9. the tax consequences of the spousal support order;
10. any fault or misconduct;
11. wasteful dissipation of the assets by either party;
12. any other factor deemed by the court to be “just and equitable” in connection with the setting of spousal support. 

Child Custody Determination in Mississippi

Posted on by

The factors that the court must consider in awarding child custody are set out in Albright vs. Albright, 437 So.2d 1003, 1005 (Miss. 1983). 

The factors are:

  1. Age, health and gender of the child.
  2. Parent having continuity of care prior to the separation.
  3. Parent with best parenting skills and willingness and capacity to provide primary child care.
  4. Employment of the parent and responsibilities of that employment.
  5. Physical and mental health and age of the parent.
  6. Emotional ties of parent to child.
  7. Moral fitness of the parent.
  8. Home, school and coomunity record of the child.
  9. Preference of the child at age sufficient to express a preference.
  10. Stability of parent’s home environment and employment of each parent.
  11. Relative financial situation of the parents.
  12. Difference in religion of the parents.
  13. Differences in personal values of the parents.
  14. Differences in lifestyle of the parents.
  15. Other factors relevant to the parent-child relationship.