MISSISSIPPI LEGISLATURE

2000 Regular Session

To: County Affairs; Judiciary

By: Senator(s) Hyde-Smith

AN ACT TO AMEND SECTION 13-3-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SHERIFFS ARE NOT AUTHORIZED TO EXECUTE PROCESS IN THE JUSTICE COURTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 13-3-83, Mississippi Code of 1972, is amended as follows:

13-3-83. (1) All notices provided for by law appertaining to actions, suits or proceedings of any kind in any court other than justice 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, 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.

(2) In justice court, all notices provided for by law appertaining to actions, suits or proceedings of any kind shall be served and returned by any constable of the county, to whom such notices may be delivered for that purpose.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.