Injunctive Relief Against a Municipality in Mississippi
When bringing an action against a city government, the Plaintiff may demand an immediate remedy before the case is finalized. For example, to prevent a city government from taking an action, or in other instances, force a city to take action, one may file a Petition for Preliminary Injunction in connection with the underlying lawsuit. According to the The Mississippi...[ read more ]
Judgment Debtor Examination in Mississippi
Upon being awarded judgment by a Mississippi court, the prevailing party may petition to examine the Defendant's assets Mississippi Code Ann 13-1-261 provides: (1) To aid in the satisfaction of a judgment of more than One Hundred Dollars ($ 100.00), the judgment creditor may examine the judgment debtor, his books, papers or documents, upon any matter relating to his property...[ read more ]
Responding to Subpoenas for Documents in Mississippi
Miss. R. Civ. P. 45 governs how to respond to subpoenas for documents in Mississippi. (2) Subpoenas for Production or Inspection. (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or to permit inspection of premises need not appear in person at the place of production or inspection unless commanded...[ read more ]
Quashing a Subpoena in Mississippi
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...[ read more ]
Service of Subpoena
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...[ read more ]
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 ]
