Rules of civil procedure and service of process requirements for Mississippi.
Last updated October 22, 2026
Mississippi's rules for serving a summons and complaint are in the Mississippi Rules of Civil Procedure (M.R.C.P.), mainly Rule 4. Subpoenas are covered by Rule 45.
Mississippi doesn't license private process servers. Any adult who isn't a party can serve a summons, and the sheriff serves on request.
Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Mississippi Judiciary website or ask an attorney before relying on it.
Mississippi process servers
Process-serving software: ServeManager
ServeManager is process-serving software used by agencies across Mississippi. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.
No. Under M.R.C.P. 4(c)(1), a summons and complaint can be served by any person who isn't a party and is at least 18. There's no state license or registration.
When a private process server serves the papers, the plaintiff can recover the server's fee as court costs, up to the amount the law allows the sheriff for the same service (M.R.C.P. 4(c)(1)). A summons served by a process server should substantially follow Form 1A.
For a step-by-step guide, see Become a Process Server in Mississippi.
The summons and complaint must be served together.
The server hands a copy of the summons and complaint to the defendant, or to an agent authorized by appointment or by law to receive service.
If personal service can't be made with reasonable diligence, the server can leave a copy at the defendant's usual place of abode with:
A copy must then be mailed by first-class mail, postage prepaid, to the defendant at the same address. Service is complete on the 10th day after mailing.
On written request, the sheriff of the county where the defendant lives or is found will serve. The sheriff must return the summons to the clerk within 30 days of receiving it.
The summons and complaint can be mailed first class with two copies of a notice and acknowledgment (Form 1-B) and a prepaid return envelope. The acknowledgment must be signed under oath or affirmation. If it isn't returned within 20 days, use another method. A defendant who doesn't return it without good cause can be ordered to pay the costs of personal service.
Publication is available in chancery court, and in other courts where a statute allows it, when a sworn complaint or affidavit shows the defendant is a nonresident or can't be found after diligent inquiry. The summons runs once a week for three weeks in a county newspaper. The defendant has 30 days from the first publication to respond.
A person outside the state can be served by certified mail, return receipt requested. For an individual, the envelope must be marked "restricted delivery." Service is complete on the date of delivery shown on the return receipt, or on the returned envelope marked "Refused."
Minors, people judged incompetent, and people who can't manage their own affairs need service on both the person and a parent, guardian, conservator or caretaker, as the rule describes. For a minor under 12, serve the parent, guardian or caretaker; for a minor 12 or older, serve both the minor and that adult.
Some matters, such as adoptions, paternity, child custody, temporary relief in divorce, and contempt, use a summons that sets a hearing date instead of requiring an answer. These special procedures are now in Rule 4(i), effective July 1, 2026. They used to be in Rule 81(d).
A subpoena can be served by a sheriff or deputy, or by any person who isn't a party and is at least 18 (M.R.C.P. 45(c)). It must be served on the witness personally; there's no abode service for subpoenas. The witness can also acknowledge service in writing on the subpoena.
At the time of service, the party who issued the subpoena must tender to a non-party witness the fee for one day's attendance plus mileage allowed by law. The court can excuse this for an indigent party, and fees don't have to be paid in advance for subpoenas issued for the State.
Proof of service of a subpoena is a statement certified by the server, filed with the clerk, giving the date and manner of service, the county, the names of the people served, and the server's name, address and phone number.
The server must file proof of service with the court promptly (M.R.C.P. 4(f)).
Failing to file proof doesn't make the service invalid, and the court can allow the proof to be amended unless it would cause material prejudice (M.R.C.P. 4(g)).
Find process servers across the state in the Mississippi process server directory.
This page is a general overview of Mississippi law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.
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