SUBPOENAS

(a) Generally. Subpoenas for a trial or hearing in justice court shall conform to Rule 45 of the Mississippi Rules of Civil Procedure. (b) Requests. Every request for a subpoena of a witness in a civil action shall: (1) be in writing; (2) contain the mailing and physical addresses of the witness and other information so as to furnish a sure guide to the person serving the subpoena; (3) be delivered to the justice court clerk in a reasonable time before the trial date; and (4) be signed and dated by the party requesting the subpoena. The justice court clerk shall preserve each written request for subpoena within the court file. (c) Issuance. Every subpoena in civil actions shall: (1) be issued by the justice court clerk under the seal of the justice court; (2) state the name and address of the court and the title of the action; and (3) command each person to whom it is directed to attend and give testimony at a specified date, time, and place, and to bring to the hearing specified books, papers, documents, or other objects in the control and possession of the witness that are to be offered into evidence. (d) Service. A subpoena in civil actions shall be served upon the witness personally by: (1) the sheriff; (2) the deputy sheriff; (3) a constable; or (4) any other person who is not a party and eighteen (18) years of age or older. The endorsed return, or a written acknowledgment on the subpoena by the witness, shall be prima facie proof of service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state. (e) Enforcement. The judge may enforce a subpoena in civil actions by any means allowed by the Mississippi Code, including the issuance of an attachment pursuant to section 11-9-115 of the Mississippi Code, or these rules.