House Bill 1241

(As Passed the House)

AN ACT TO AUTHORIZE ANY ATTORNEY, DISTRICT ATTORNEY OR ATTORNEY GENERAL OR HIS DESIGNEE TO REISSUE A SUBPOENA UPON ANY WITNESS FOR A MATTER FOR WHICH A CONTINUANCE WAS GRANTED BY THE COURT HAVING GENERAL JURISDICTION OVER THE MATTER; TO REQUIRE THAT SERVICE REQUIREMENTS FOR THE REISSUANCE OF A SUBPOENA BE DONE IN ACCORDANCE WITH THE MISSISSIPPI RULES OF CIVIL PROCEDURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Any attorney, district attorney or Attorney General or his designee may reissue or cause to be reissued a subpoena or subpoena duces tecum upon any witness in an action or suit on the docket of any court of record of this state having general jurisdiction over the matter litigated, and for which a continuance has been granted. The reissued subpoena shall be sent by certified mail with receipt requested to the address on record where the person who is scheduled to appear or produce documents, his agent, or the Secretary of State, as receiving agent, was first served the original subpoena or subpoena duces tecum.

(2) In all courts except justice court service of subpoenas shall be governed by the Mississippi Rules of Civil Procedure and in every instance, shall be served and filed in accordance with the provisions of the Mississippi Rules of Civil Procedure.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.