SERVICE OF PROCESS

(a) Service of process defined. Service of process for civil actions in justice court means serving a true copy of the summons and complaint upon the defendant in accordance with this rule. (b) Issuance of summons and form. Summons shall be issued by the justice court clerk. Any summons issued under this rule shall name the court and the parties; be directed to the defendant; state the name and address of the plaintiff’s attorney or, if unrepresented, of the plaintiff; state the date and time within which the defendant must appear and defend; notify the defendant that a failure to appear and defend may result in a default judgment against the defendant for the relief demanded in the complaint; be signed and dated by the justice court clerk; and bear the court’s seal. (c) SERVICE BY CONSTABLE. Upon the filing of the complaint, the justice court clerk shall promptly deliver a true copy of the summons and complaint to the constable of the county of the 8 defendant’s usual place of abode or, if the defendant is an entity, to the constable of the county of the entity’s place of business, to serve process upon the defendant. Within ten (10) days thereafter, unless service has been waived, the constable shall file an affidavit showing proof of service, or of attempted service after diligent search and inquiry pursuant to section 25-7-27 of the Mississippi Code, with the justice court clerk. (d) Manner of service upon an individual. (1) Personal service. The constable shall deliver a true copy of the summons and complaint to the defendant or to an agent authorized by appointment or by law to receive process. Service shall be deemed complete upon the date of service. (2) Service upon a family member. If service under paragraph (d)(1) cannot be made with reasonable diligence, then the constable shall deliver a true copy of the summons and complaint at the defendant’s usual place of abode with the defendant’s spouse or some other person of the defendant’s family above the age of sixteen (16) years, and within three (3) days thereafter, by mailing a true copy of the summons and complaint, by first class mail, postage prepaid, to the defendant at the address where the true copy of the summons and complaint were properly delivered. Service shall be deemed complete on the 10th day after the mailing. (3) Service by posting. If service under paragraphs (d)(1) and (d)(2) cannot be made with reasonable diligence, then the constable shall serve process by posting a true copy of the summons and complaint on a door of the defendant’s usual place of abode that is reasonably calculated to provide notice of the action and, within three (3) days thereafter, by mailing a true copy of the summons and complaint, by first class mail, postage prepaid, to the defendant at the address where the true copy of the summons and complaint was posted. Service shall be deemed complete on the 10th day after the mailing. (e) Manner of service upon all others. The constable shall serve process in the manner provided by Rule 4 of the Mississippi Rules of Civil Procedure for mentally incompetent persons or entities located in the state. (f) SERVICE BY SHERIFF. When any process has not been returned by the constable as required by this rule, then the justice court clerk may direct the sheriff of the county of the defendant’s usual place of abode or, if the defendant is an entity, to the sheriff of the county of the entity’s place of business, to serve process upon the defendant in like manner as required of a constable under this rule. (g) SERVICE BY PROCESS SERVER. When any process has not been returned by the constable as required by this rule, the plaintiff may make a written request for service by a process server. Upon receiving a written request, the justice court clerk shall promptly deliver a true copy of the summons and complaint to the plaintiff or the plaintiff’s attorney for service of process by a process server in like manner as required of a constable under this rule. The process server must be at least eighteen (18) years of age and not be a party to the action. 9 (h) Service by certified mail, return receipt requested, upon persons or entities located outside the state. When the defendant is a person or entity located outside the state, the plaintiff may make a written request for service by certified mail, return receipt requested. Upon receiving a written request, the justice court clerk shall promptly deliver a true copy of the summons and complaint to the plaintiff or the plaintiff’s attorney for service of process by certified mail, return receipt requested. Within twenty (20) days thereafter, the sender shall file with the justice court clerk the return receipt or the return envelope marked “Refused.” Where the defendant is a natural person, the envelope shall be marked “Restricted Delivery.” Service of process by this method shall be deemed complete from the date of delivery as evidenced by the return receipt or the return envelope marked “Refused.” (i) Service upon multiple defendants. If there are multiple defendants, then a separate true copy of the summons and complaint shall be served on each defendant named in the action. (j) Validity of service. Nothing in this rule shall invalidate any service of process for being made untimely or for an untimely filed return. (k) Waiver. Any defendant who is not a mentally incompetent person may waive the service of process or enter an appearance, with the effect of being duly served with lawful process, in the manner provided under Rule 4(e) of the Mississippi Rules of Civil Procedure. (l) Amendment. The justice court judge may allow any service of process or proof of service under this rule to be amended for good cause shown, unless it clearly appears that material prejudice would result to the substantial rights of the defendant. (m) Time limit for service. The justice court judge may dismiss without prejudice any action where, without good cause, it appears from the court file that service of process has not been made upon the defendant within one hundred and twenty (120) days after the filing of the complaint. A party may file a motion for enlargement of time any time prior to a dismissal by the court. (n) Fees for service of process. (1) By constable. Service of process by the constable may be taxed as court costs for an amount not exceeding the statutory amount allowed by law. No fees for service shall be paid to a constable who has neither served nor attempted to serve process in substantial compliance to this rule. (2) By sheriff. Service of process by the sheriff may be taxed as court costs for an amount not exceeding the statutory amount allowed by law. No fees for service shall be paid to a sheriff who has neither served nor attempted to serve process in substantial compliance to this rule. (3) By process server. Service of process by a process server may be taxed as court costs for an amount not exceeding the statutory amount allowed by law to the constable for service of process. 10 (4) By certified mail, return receipt requested. Service of process by certified mail, return receipt requested, on a person or entity located outside the state may be taxed as court costs for an amount not exceeding the amount of postage for the mailing.