Subpoena rules in Mississippi
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...[ read more ]
Alimony Determination in Mississippi
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...[ read more ]
Child Custody Determination in Mississippi
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: Age, health and gender of the child. Parent having continuity of care prior to the separation. Parent with best parenting skills and willingness and capacity to provide primary child care. Employment of the parent and responsibilities of...[ read more ]
Subpoena service in Mississippi
Mississippi Rules of Civil Procedure provides as follows: (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...[ read more ]
Bail Agents Arresting Defendants In Mississippi
§ 99-5-27. Bail agent may arrest and surrender principal; return of defendant out on bond (2) (a) A bail agent, at any time, may surrender the principal to any law enforcement agency or in open court in discharge of the bail agent's liability on the principal's bond if the law enforcement agency that was involved in setting the original bond...[ read more ]
Dissolving an Limited Liability Company in Mississippi
A valid Limited Liability Company must be registered with the State of Mississippi. Terminating its existence as a state-registered business entity begins with a formal process called “dissolution.” To voluntarily dissolve your LLC, you first review the company’s formation documents--the certificate of formation and the operating agreement. Typically, one of those two documents will contain a section with rules pertaining...[ read more ]
Plea Bargaining in Federal Court
The Federal Rules of Criminal Procedure and specifically, Rule 11(e), provide for the concept of plea agreements. However, due to United States Sentencing Guideline provisions, prosecutors are restricted in what they may offer in a plea agreement. And as many federal offenses carry mandatory sentences, there may be no room for plea bargaining. Statutes codifying many federal offenses expressly prohibit...[ read more ]
Continuances in Mississippi
In Mississippi, judges may grant what is known as a "continuance," which is a temporary postponement of the trial or court hearing. Either the plaintiff or the defendant may request a continuance, but the Court may also issue a continuance without consulting with either party to a case. Continuances may be requested when unforeseen events - such as illness or...[ read more ]
Kidnapping in Mississippi
§ 97-3-53. Kidnapping; punishment. Any person who, without lawful authority and with or without intent to secretly confine, shall forcibly seize and confine any other person, or shall inveigle or kidnap any other person with intent to cause such person to be confined or imprisoned against his or her will, or without lawful authority shall forcibly seize, inveigle or kidnap...[ read more ]
False Advertising in Mississippi
§ 97-23-3. Advertising; untrue, deceptive, or misleading. Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to...[ read more ]
