Mississippi Subpoena
Mississippi puts no witness fee figure in its witness statute. Your county board of supervisors sets it at whatever it pays a juror, inside a statutory band, and the records subpoena carries a ten-day hold on its face. Attorney review available.
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Introduction
Looking for the Mississippi witness fee in the witness statute is a dead end, because it is not there. Miss. Code Ann. Section 25-7-47 says witnesses in the county, circuit, chancery and justice courts receive the same pay per day as the board of supervisors sets for service as a juror, which means the number you owe is a county number and you confirm it with the clerk for the county where the case sits. The juror statute brackets that figure: Section 25-7-61 directs the board to set jury pay in the chancery, county, circuit and special eminent domain courts at not less than $25.00 and not more than $40.00 per day, and at $10.00 to $15.00 in the justice courts. Mileage is handled the same indirect way. Section 25-7-47 grants mileage as authorized under Section 25-3-41 for each mile going to and returning from the courthouse to the witness's home by the nearest route, plus actual tolls and ferriages, and makes no charge payable for mileage except that traveled in this state. Section 25-3-41 sets the federal-employee vehicle rate for state personnel and twenty cents a mile for county and municipal personnel, with the county free to raise its rate. Procedure is far more definite. M.R.C.P. 45(d)(2)(A) holds production until the tenth day after service unless the court orders otherwise, and requires that hold to be conspicuously noted on the face of the subpoena, while Rule 45(a)(5) makes you copy every party the moment the subpoena is filled out. DocDraft builds your Mississippi subpoena from your facts, with attorney review available before service.
Key Things to Know
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A Mississippi subpoena is a command issued in a pending Mississippi action, under M.R.C.P. 45, directing a named person to attend and give testimony, to produce and permit inspection and copying of designated books, documents, electronically stored information or tangible things, or to permit inspection of premises.
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Mississippi has no single statewide witness fee figure. Witnesses in the county, circuit, chancery and justice courts receive the same pay per day the board of supervisors sets for jury service (Miss. Code Ann. Section 25-7-47), so confirm the current amount with the clerk for that county.
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The juror statute brackets what the board can set: not less than $25.00 and not more than $40.00 per day in the chancery, county, circuit and special eminent domain courts, and $10.00 to $15.00 per day in the justice courts (Section 25-7-61).
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Mileage runs for each mile going to and returning from the courthouse to the witness's home by the nearest route, plus actual tolls and ferriages, as authorized under Section 25-3-41, and no charge may be made for mileage except that traveled in this state (Section 25-7-47).
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Service must be executed on the witness personally, and unless the court excuses it on a showing of indigence the serving party must tender one day's attendance fee plus mileage at the time of service (M.R.C.P. 45(c)(1)).
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Absent a court order, production or inspection may not be made until the tenth day after the date of service, and that ten-day hold must be conspicuously noted on the face of the subpoena (M.R.C.P. 45(d)(2)(A)).
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A Mississippi resident may be required to attend a deposition, production or inspection only in the county where that person resides, is employed or transacts business in person, unless a court order fixes another convenient place (M.R.C.P. 45(b)).
Key decisions before you file
Before you file a Subpoena in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Mississippi Requirements for Subpoena
Witness Fee Set by the County Board of Supervisors
Witnesses in the county, circuit, chancery and justice courts receive the same pay per day the board of supervisors sets for service as a juror (Miss. Code Ann. Section 25-7-47). There is no statewide figure, so confirm the current rate with the clerk for the county where the case is pending.
The Statutory Band on That Daily Figure
Section 25-7-61 bounds the board: not less than $25.00 and not more than $40.00 per day in the chancery, county, circuit and special eminent domain courts, and $10.00 to $15.00 per day in the justice courts. The pre-2014 flat figure is repealed and no longer applies.
Mileage Cross-Referenced to the Travel Statute
Mileage runs for each mile going to and returning from the courthouse to the witness's home by the nearest route, plus actual tolls and ferriages, as authorized under Section 25-3-41, and no charge may be made for mileage except that traveled in this state (Section 25-7-47). Section 25-3-41 carries a state rate tied to the federal employee vehicle rate and a twenty cents a mile county rate the county may raise.
Personal Service and Tender at Service
Service must be executed upon the witness personally, and except when the court excuses it on a showing of indigence the party causing the subpoena to issue must tender the fee for one day's attendance plus mileage allowed by law at the time of service (M.R.C.P. 45(c)(1)). Subpoenas issued for the State of Mississippi or its officers or agencies need no advance tender.
Ten-Day Hold Noted on the Face of the Subpoena
Unless the court shortens the time for good cause, a subpoena for production or inspection must allow not less than ten days to comply, and absent a court order production may not be made until the tenth day after service, which must be conspicuously noted on the face of the subpoena (M.R.C.P. 45(d)(2)(A)).
Copy to Every Party the Moment It Is Filled Out
Once a Mississippi subpoena has been issued and filled out, a copy must be served immediately upon each party under M.R.C.P. 5, even though the subpoena itself has not yet been served on the witness (M.R.C.P. 45(a)(5)). Proof of service is then filed promptly with the issuing clerk and copied to all parties.
Clerk or Attorney as Officer of the Court
The clerk issues a subpoena signed and sealed but otherwise in blank to a requesting party. An attorney admitted in Mississippi or admitted pro hac vice, and who is counsel of record, may also issue and sign one as an officer of the court, stating name, address, email address, phone number and which party the attorney represents (M.R.C.P. 45(a)(4)).
County Place of Examination and Contempt
A Mississippi resident may be required to attend a deposition, production or inspection only in the county where that person resides, is employed or transacts business in person, and a non-resident served in state only in the county of service, absent a court order fixing another place (M.R.C.P. 45(b)). Failure without adequate excuse to obey may be deemed a contempt of the issuing court (Rule 45(g)).