1997 Regular Session
To: Judiciary B
By: Representative Wells-Smith
House Bill 1305
AN ACT TO AMEND SECTIONS 11-9-107, 11-9-109, 11-9-113, 13-3-81 AND 13-3-83, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PRIVATE PERSONS OR COMPANIES TO EXECUTE PROCESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-9-107, Mississippi Code of 1972, is amended as follows:
11-9-107. When any process has not been returned by a constable within ten (10) working days after issuance by the clerk of the justice court, the clerk shall direct the sheriff of his county and his deputies or a private person or company to execute any such process of the justice court; and the sheriff and his deputies or a private person or company shall execute any process so directed to him by any clerk of the justice court.
SECTION 2. Section 11-9-109, Mississippi Code of 1972, is amended as follows:
11-9-109. In cases of emergency, and where a constable or sheriff or deputy sheriff cannot be had in time, the clerk of the justice court may appoint some reputable person including a private investigator to execute any process, the clerk to be liable on his bond for all damage which may result to a party to the cause or other person from his appointment of an insolvent or incompetent person.
SECTION 3. Section 11-9-113, Mississippi Code of 1972, is amended as follows:
11-9-113. The process so delivered to the sheriff, * * * constable or private person or company shall be returned by him to the clerk of the justice court, according to its command.
SECTION 4. Section 13-3-81, Mississippi Code of 1972, is amended as follows:
13-3-81. If there be no sheriff in any county, or if good cause of exception exists against him, by reason of his being a party to or interested in the suit, or otherwise, the process may be directed to any justice court judge of the county, who shall be bound to execute the same, or who may hire a private person or company to execute the same, and to do all things which the sheriff would be bound to do if no exception existed against him. In case of any neglect or breach of such duty, the justice court judge shall be liable to the same penalties and subject to the same actions and remedies as sheriffs are subject to in like cases.
SECTION 5. Section 13-3-83, Mississippi Code of 1972, is amended as follows:
13-3-83. All notices provided for by law appertaining to actions, suits or proceedings of any kind in any court shall be served and returned by the sheriff or any constable of the county, or the marshal of any city, town or village therein in which such notices are to be served, or by a private person or company, to whom such notices may be delivered for that purpose. However, service of summonses and subpoenas in all courts except justice court shall be governed by the Mississippi Rules of Civil Procedure and in every instance, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper shall be served and filed in accordance with the provisions of the Mississippi Rules of Civil Procedure.
SECTION 6. This act shall take effect and be in force from and after July 1, 1997.