HOW TO DOMESTICATE A FOREIGN SUBPOENA IN Mississippi
This article will provide guidance on How To Domesticate a Foreign Subpoena in Mississippi. As a general rule, as per the UIDDA Mississippi, a subpoena compels a person to testify. Whether a deposition and document subpoena is issued as one or two subpoenas is up to the discretion of the court.
Under Mississippi, there are no circumstances in which a judge must issue a discovery subpoena. Only the clerk of the court may issue a discovery subpoena. A subpoena for a deposition in Mississippi has some requirements they must follow, insofar as the subpoena should be issued in the court where the clerk works and must indicate the name of the case and the civil action number.
Uniform Interstate Depositions and Discovery Act (UIDDA)-Mississippi
Each person to whom the subpoena is addressed must appear and provide a witness. Alternatively, they must produce and authorize the examination and copying of specific books, papers, electronically stored information, or physical items; or enable inspection of premises at a given time and location.
In Mississippi, there are no standard forms for subpoenas for discovery. An attorney normally prepares a form for a subpoena, which is then delivered by hand to a clerk of court for execution, issuing, and delivery. The standard federal subpoena forms are often employed as a starting point when preparing a subpoena.
A subpoena in Mississippi may be served by a sheriff's deputy or sheriff or by non-parties who are at least eighteen years old and who are not a part of the action are eligible for a hearing. A discovery subpoena may be issued to anybody in Mississippi. In Mississippi, discovery subpoenas are often used to compel the production of information from third parties other than the parties themselves.
HOW A SUBPOENA IN MISSISSIPPI WORKS
A particular number of days prior to the compliance date must be served on a non-party witness by the issuing party prior to the compliance date mentioned in the subpoena as per the UIDDA and Mississippi. The ten-day notice requirement for service of subpoenas directing the production, inspection, and copying of specified books, papers, documents, electronic data, tangible items, or the inspection of premises, applies in Mississippi.
There is no time limit under UIDDA and Mississippi law for complying with a subpoena for a deposition. Although a deposition must be given fair warning, the rules of civil procedure stipulate that it must be given at least thirty days' notice, overturned in part on other grounds. Attorneys often issue subpoenas for depositions at least ten days before the scheduled deposition time.
Each party must be served with a copy of a subpoena directing the production of documents or authorizing the search of premises right away. Rule 45 permits a party to collect documents before actually notifying other parties. The issuing party had nothing to gain by delaying postal delivery until the Monday after the weekend.
A generic description of the person or group to whom the deponent belongs if the deponent's name is unknown.
HOW IS SERVICE OF A SUBPOENA DONE
The return endorsed thereon is prima facie evidence of service, or the person served may confirm service in writing on the subpoena. A sheriff or their deputy, or any other person who is not a party and is at least eighteen years old, may serve a subpoena. The witness must be personally served with the subpoena. If a non-party witness is served with a subpoena, they must pay the price for one day of attendance plus any travel permitted by law unless the court grants an exception based on the witness's financial need, which must be shown to the court. State of Mississippi officers or agencies may issue subpoenas, and costs and travel do not need to be paid in advance.
If the subpoena was served in a particular county, the names of the people who were served, the county in which they were served, and the identity of the person who served them must all be included in a proof of service that is filed with a clerk of that county's court. This must make sure that the subpoenaed persons' rights are safeguarded as per UIDDA and Mississippi regulations.
Upon timely motion, the court is required to quash or modify a subpoena if it fails to allow reasonable time for compliance as mandated under the UIDDA and Mississippi, requires disclosure of privileged or other protected matter, and no exception or waiver applies; designates an improper place for examination; or subjects a person to an undue burden or expense.
Subpoenaed persons need not appear in person at the location where they are ordered to produce and allow inspection and copying of designated books, papers, documents, electronically stored information, or tangible things unless summoned by the subpoena to appear for deposition, hearing or trial. A subpoena for production or inspection must provide the person on whom it is served at least ten days to comply with the subpoena unless the court orders otherwise for a good reason demonstrated as per the UIDDA and Mississippi laws.
OBJECTION TO A SUBPOENA
When a subpoena is served, the person to whom it is addressed has ten days to serve a written objection on the party serving it, stating that they object to the inspection or copying of any or all of the designated materials or the premises or that they will do so on or before that time specified in the subpoena for compliance. A party serving a subpoena may only view and copy evidence if the court is ordered to do so by the party serving the subpoena. If a person is served with a subpoena object, the party issuing the subpoena has the option of requesting an order to compel the production or inspection at any time.
The court may quash or modify the subpoena if it is unreasonable or oppressive or condition the denial of the motion on the advance by the person on whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things specified in the subpoena for compliance with it.
Responding to a subpoena requires the person issuing the subpoena to submit documents in the manner they are normally maintained or to arrange and mark them in accordance with the categories specified in the subpoena. The person replying does not have to give discovery of electronic information from sources that the person deems as not reasonably accessible owing to excessive difficulty or expense.
OUT-OF-STATE SUBPOENA IN MISSISSIPPI
When serving a Mississippi subpoena, Mississippi law provides that the discovery subpoena cannot be served on a non-party resident of another state. It is only possible to serve subpoenas in Mississippi. The issuing party should study the UIDDA and Mississippi laws of the jurisdiction where the witness is situated to decide how to get discovery from an out-of-state non-party witness. Foreign jurisdictions are often asked to comply with UIDDA and Mississippi requests for information from Mississippi courts, and this may be done through a letter of request.
The Uniform Interstate Depositions and Discovery Act has been implemented in Mississippi. A subpoena issued by a court in the forum state may be presented to a Mississippi clerk or court when discoverable papers are requested. The clerk will issue a subpoena for UIDDA and Mississippi service on the person or organization to whom the original subpoena was addressed after receiving the overseas subpoena. There must be identical UIDDA and Mississippi provisions in the issued subpoena, as well as the contact information for all attorneys of record and any party not represented by counsel in order to comply with the subpoena.
For a party to seek the issue of a subpoena, a clerk of court in the county in which discovery is sought must receive a foreign subpoena, according to the UIDDA and Mississippi. It is not necessary to attend in person in the state's courts when a subpoena is requested. The clerk of court in this state must quickly issue a subpoena for service on the person to whom a foreign subpoena is addressed, in accordance with the UIDDA and Mississippi process of that court.
It is necessary to include the language of the foreign subpoena in the one emanating from Mississippi. Additionally, UIDDA and Mississippi law requires that the subpoena also provide the names, addresses, and contact information of any parties who are not represented by an attorney in the case to which the subpoena pertains.
To be valid, subpoenas must be issued by the court's clerk under seal. They must include the court's name and the action's title, and they must order anyone named in them to appear in court to testify or to produce and allow inspection of any books, documents, electronically stored information, or tangible items in their possession, custody, or control. Subpoenas issued by the clerk must be signed and sealed but, otherwise, be blank and must be filled up by the party seeking them.
A clerk of a court in the county where the discovery is to be taken will issue a subpoena in the event of overseas litigation. When a foreign subpoena is issued, the clerk of the court in the county where the investigation is taking place must receive it. This state's court clerks are bound by the rules of their respective jurisdictions to issue a subpoena to the person named in a foreign subpoena and serve it on that person.
A foreign subpoena’ refers to any summons issued by a foreign court of record. To avoid misunderstanding, UIDDA and Mississippi law provides that a person who is not a party to the case but has access to discoverable material cannot be forced to disclose it without being sworn as a witness and deposed. Unless there are issues of privilege or unreasonableness, a subpoena for the production of documentary evidence normally affects all papers in the control of the person ordered to provide.
FEES FOR COMPLIANCE IN MISSISSIPPI
Each county in Mississippi sets its non-party witness fee, which is determined by the board of supervisors. Per-day costs should not exceed USD 40. Although the Mississippi Rules of Civil Procedure do not directly ban payment in cash, most attorneys in the state prefer that their clients use checks to cover their costs. For subpoenas served on behalf of Mississippi or an official state agency, fees must be paid before the subpoena is delivered.
Non-party witnesses may be subpoenaed via a variety of means (for example, a request for compelled testimony or a motion for contempt). Non-party witnesses in Mississippi who have been served with a subpoena may petition for an order to compel the production or examination of documents at any time the following notification to the non-party witness if the issuing party objects to the subpoena.
Complaints must include a certificate from the movant that they attempted to settle the matter in good faith but were unsuccessful. Interlocutory appeals of discovery orders in Mississippi may only be filed by parties who have a sufficient reason for disagreement on an issue of UIDDA and Mississippi law that an appellate resolution may perform one or more of these things.
Uniform Interstate Depositions and Discovery Act Adopted - 2011
Bill Number: SB 2264 Sponsor Hopson
MISS. CODE ANN. § 11-59-5 (2013)
To request the issuance of a subpoena, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.
(b) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) must:
(1) Incorporate the terms used in the foreign subpoena; and
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
FOR ASSISTANCE DOMESTICATING AND SERVING A SUBPOENA IN Mississippi
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1. In the possession, custody, or control of that individual are books, papers, electronically stored information (ESI), or physical items that may be inspected.
2. As set out in Mississippi Rule of Civil Procedure 45(a)(1)
3. A subpoena for a document should make sure that:
- The clerk issued it in the name of the court for whom they work.
- Indicate the name of the case and the civil action number.
- Permit the examination and copying of specific books, papers, electronic information, or physical items in the possession or control of that person; or allow an inspection of premises at a given time and location.
4. The considerations set out in Miss. R. Civ. P. 26(d) (Blossom v. Blossom, 66 So. 3d 124, 127 (Miss. 2011)) must be considered when considering whether a subpoenaed witness is entitled to a protection order.
5. Miss. R. Civ P. 45(d)(2)A);
see Mitcham v. Illinois Central Gulf R&R Co., 515 So.2d 852, 856 (Miss. 1987)
Miss. R. Civ. P. 45(d)(1)(A) provides that a subpoena may be quashed or amended if it fails to afford a reasonable time for compliance.
6. Miss. RC 30(b)(1); Ill. CR v Winters, 815 So. 2d 1168, 1172 (Miss. 2002
7. Cooper Tire & Rubber Co. v McGill, 890 S.2d 859
8. According to Rule 5, a copy of each of these subpoenas must be served to each party as soon as possible. Rule 26 governs the use of subpoenas to compel production or inspection
9. For the first time, a subpoena may require the individual to whom it is addressed to produce and allow review and copying of electronic material. It was included in the same amendment that outlined the method to be employed if privileged or trial-preparation material is accidentally released.
10. Syngenta Crop Prot., Inc., 908 So.2d at 128
11. Rule 45(d)(2)
12. Sections 25-7-47 and 26-7-61 of the Mississippi Code Ann.
Using the federal rate given by Mississippi Code Ann. 25-3-41, the mileage cost is 56 cents per mile for a round journey from the witness's house to the location the witness is scheduled to appear, plus tolls.
13. If the party that issued the subpoena does not pay the witness fee, the subpoena cannot be properly served (East v. East, 775 So. 2d 741, 747 (Miss. Ct. App. 2000)).
14. Ms. R. Uniform Ct. and CIrc. Rule 4.03(C); Ms. Unif. Chanc Ct. Rule 1.10(C)