House Bill 1324

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 13-3-5, MISSISSIPPI CODE OF 1972, TO REQUIRE PHOTOGRAPHIC EVIDENCE OF THE METHOD USED TO SERVE A SUMMONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 13-3-5, Mississippi Code of 1972, is amended as follows:

13-3-5. (1) The process to bring in defendants in all civil actions in all courts except justice court shall be a summons, the form, issuance, service, waiver, return, amendment and time limits of which shall be governed by this section and the Mississippi Rules of Civil Procedure.

(2) (a) The process to bring in defendants in all civil actions in justice court shall be a summons which shall be served in one (1) of the following modes:

First. -- Upon the defendant personally, if to be found in the county, by handing him a true copy of the process.

Second. -- If the defendant cannot himself be found in the county, then by leaving a true copy of the process at his usual place of abode, with his wife or some other person of his family above the age of sixteen (16) years, and willing to receive such copy.

Third. -- If the defendant cannot himself be found, and if no person of his family aged sixteen (16) years can be found at his usual place of abode who is willing to receive such copy, then by posting a true copy on a door of the defendant's usual place of abode; provided, however, that if this mode is used when the defendant's usual place of abode is a multifamily dwelling, a copy of the summons shall be mailed to the defendant by the clerk of the court upon return of service.

(b) If the summons is served using the third option provided in paragraph (a) of this section, the server shall take a photograph of the summons on a door of the defendant's usual place of abode with proof of or a photograph of the summons being placed in the mail as proof.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.