Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted for issuance to a clerk in the county where discovery occurs, and the Act requires no local attorney. Served 123 LLC handles the steps to domesticate a subpoena in Mississippi.
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Every Mississippi Order Includes
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Every Mississippi County
Served 123 LLC works with the circuit clerks across all 82 Mississippi counties, and the clerk’s fee is in your quote. Each court follows its own procedure, so the county matters. The finder takes a city or ZIP code, and the directory lists every office.
Documents Subpoena
A custodian commanded only to produce need not appear. Absent a court order, nothing is produced until the tenth day after service, and the subpoena says so on its face. Your side serves each party a copy immediately once it is issued. Health records and the federal privacy rule are set out below.
Mississippi Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Rule 45(a)(3) and S.B. 2264 set the clerk step, and the rest of Rule 45 runs service. A foreign subpoena reaches a witness in any Mississippi county through these five stops.
We prepare a Mississippi subpoena that incorporates the foreign terms and carries the counsel list and the required Rule 45 text.
A clerk of court in the discovery county issues it under that court’s procedure; e-filing registration is for attorneys admitted in those courts, and we handle that step.
Once it is issued and filled out, your side serves a copy on each party under Rule 5 at once, before the witness, and we get you the issued subpoena for it.
Our server, at least 18 and not a party, delivers it to the witness personally, and we advance any tender owed on your quote.
Our server certifies the date, manner, county and persons served, and that statement comes back to you for the issuing clerk’s file.
Type in the service date. The tool finds Day 10 for a written objection as Rule 6(a) computes it: the service date is skipped, the following days all count, and a last day on a Saturday, a Sunday or a legal holiday rolls to the next open day.
A compliance date earlier than Day 10 controls instead. If a date is close, ask counsel.
A planning aid, not legal advice: this counts the statewide holidays alone, not a local holiday order or a day the clerk’s office closes.
Mississippi carries the uniform act (UIDDA) twice, in a court rule and in a 2011 statute. The passages below give their words on where the foreign subpoena goes, who issues, what the Mississippi subpoena holds and where a motion belongs.
In the case of discovery to be taken in foreign litigation, the subpoena shall be issued by a clerk of a court for the county in which the discovery is to be taken. The foreign subpoena shall be submitted to the clerk of court in the county in which discovery is sought to be conducted in this state.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
S.B. 2264 (2011), Section 3(a)
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
The subpoena under subsection (3) must incorporate the terms used in the foreign subpoena and it must contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and any party not represented by counsel.
Served 123 LLC prepares each item Rule 45(a) asks for before the Mississippi subpoena goes out.
Get a Free Quote Online →An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under subsection (3) must comply with the rules of this state and be submitted to the issuing court in the county in which discovery is to be conducted.
No reported Mississippi appellate decision has yet interpreted the Act or Rule 45(a)(3). Before the Act, the Supreme Court held in Syngenta, No. 2004-IA-00530-SCT, 908 So. 2d 121 (Miss. 2005), that “a Mississippi court cannot subpoena a nonresident nonparty to appear and/or produce in Mississippi documents which are located outside the State of Mississippi,” and that “Rule 45 (c)(1) does not provide for service of subpoena other than by way of personal service.”
A proposed restyling of the Mississippi Rules of Civil Procedure was out for comment through June 26, 2026; the Rule 45 text here governs until an adopting order appears.
Official texts: M.R.C.P. 6, 45 and 84; S.B. 2264 (2011); S.B. 2562 (2025); S.B. 2676 (2014); H.B. 641 (2026); M.R.A.P. 46; M.R.E. 902; Harrison County Local Rules; Seventh Circuit Local Rules; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Mississippi subpoena, handles the clerk’s issuance and has it served under Rule 45(c).
Get a Free Quote Online →Section 4 of S.B. 2264 hands service to Rule 45. These cards run through the server, delivery, the tender, witness pay, travel limits, the party copy, proof and motions. For a summons or other court papers, see process service in Mississippi.
Section 4 of the Act says the subpoena “must be served in compliance with Rule 45 of the Rules of Civil Procedure.” Rule 45(c)(1) names who: “A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age.” A foreign subpoena meets the same limits as a local one.
S.B. 2264 § 4; Rule 45(c)(1)“Service of the subpoena shall be executed upon the witness personally.” Or “the person served may acknowledge service in writing on the subpoena.” Before the Act, Syngenta Crop Protection, Inc. v. Monsanto Co., No. 2004-IA-00530-SCT, 908 So. 2d 121 (Miss. 2005), refused a substitute for a nonresident nonparty corporation with a registered agent in the state.
Rule 45(c)(1)The party causing the subpoena to issue tenders to a non-party witness “at the time of service the fee for one day’s attendance plus mileage allowed by law.” Two exceptions appear: a court excuses it on a showing of indigence, and for the State or its officers or agencies “fees and mileage need not be tendered in advance.” We advance any tender owed on your quote.
Rule 45(c)(1)Under § 25-7-47, as amended by S.B. 2676, a witness receives the day’s pay “set by the board of supervisors under Section 25-7-61 for service as a juror,” plus mileage under § 25-3-41, and “a charge shall not be made for mileage except that traveled in this state.” The statute gives no single dollar figure, and the Rule 45 Note reads these sections with the tender.
Miss. Code § 25-7-47; S.B. 2676 (2014); Rule 45 Advisory NotesA resident attends a deposition, production or inspection “only in the county wherein he resides or is employed or transacts his business in person.” A nonresident subpoenaed here attends “only in the county wherein he is served.” Either way, a court order may fix another convenient place.
Rule 45(b)Rule 45(a)(5): “Once a subpoena has been issued and filled out, a copy of such subpoena shall be immediately served upon each party in accordance with M.R.C.P. 5, even though the subpoena itself has not yet been served.” The Rules’ production form says the same on its face.
Rule 45(a)(5); Rule 5Rule 45(c)(2) requires proof “promptly,” filed “with the clerk of the court from which the subpoena was issued” as a certified statement “setting forth the date and manner of service, the county in which it was served, the names of the persons served,” and the server’s name, address and telephone number. All parties get a copy at once, served under Rule 5. In an MEC court counsel e-files it; an unregistered requester’s path there stays open. Our server’s statement comes back to you for that file.
Rule 45(c)(2); MEC ProceduresProtective orders and motions to enforce, quash or modify go “to the issuing court in the county in which discovery is to be conducted.” Rule 45(d)(1)(A): “On timely motion, the court from which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, (iii) designates an improper place for examination, or (iv) subjects a person to undue burden or expense.”
Rule 45(a)(3), (d)(1)(A); S.B. 2264 § 6Served 123 LLC handles personal service under Rule 45(c), any tender owed and the server’s proof.
Get a Free Quote Online →A Mississippi subpoena for records runs on the ten-day clock in Rule 45(d)(2). These cards take the hold, objections and motions first, then certified business records and the federal limits in 45 C.F.R. § 164.512(e). Whether Miss. Code § 41-9-101 and the sections after it add a hospital-records step under a foreign subpoena stays open.
A person commanded to produce “need not appear in person at the place of production or inspection unless commanded by the subpoena to appear for deposition, hearing or trial.” A custodian with no testimony command can stay away.
Rule 45(d)(2)(A)A production subpoena allows at least ten days unless a court shortens the time for good cause. Absent an order, production waits “until the tenth day after the date of service,” and the note must be conspicuous on the subpoena’s face.
Rule 45(d)(2)(A)The person served may “within ten days after the service thereof” send written objection to the party serving the subpoena, or by the compliance date if that comes sooner. After an objection, inspection and copying wait for an order from the issuing court, and the serving party may move to compel on notice.
Rule 45(d)(2)(B)On a motion “made promptly and in any event at or before the time specified,” the court may quash or modify an unreasonable or oppressive subpoena, or deny the motion on condition that the requesting side advance the reasonable cost of producing the materials.
Rule 45(d)(2)(C)M.R.E. 902(11) treats a Rule 803(6) record as self-authenticating with a custodian’s certificate, on notice to the adverse party before the hearing or trial. Whether a certificate works in the foreign case is for that court to decide.
M.R.E. 902(11)The issuing court “shall quash or modify” a subpoena that “requires disclosure of privileged or other protected matter and no exception or waiver applies.” That ground sits with the others in Rule 45(d)(1)(A), and the motion must be timely.
Rule 45(d)(1)(A)(ii)Under 45 C.F.R. § 164.512(e)(1), a court order lets a covered entity disclose what the order expressly authorizes. The clerk’s subpoena is not such an order, and it falls under paragraph (e)(1)(ii), which turns on assurances of notice or of a qualified protective order.
45 C.F.R. § 164.512(e)(1)(i)–(ii)Paragraph (e)(1)(vi) lets a covered entity disclose without those assurances if it makes reasonable efforts itself to give the patient notice or to seek a qualified protective order. That path belongs to the provider, and a requester has no way to compel its use.
45 C.F.R. § 164.512(e)(1)(vi)The assurance shows a good faith attempt at written notice to the patient, with enough about the case to let the patient object, and that the objection time has passed with none filed, or with all resolved consistently with the disclosure.
45 C.F.R. § 164.512(e)(1)(iii)The other assurance shows the parties agreed to a qualified protective order and presented it to the court, or the requester asked the court for one. The order confines the information to the case and requires its return or destruction at the end.
45 C.F.R. § 164.512(e)(1)(iv)–(v)Served 123 LLC prepares and serves a Mississippi subpoena that commands production of records.
Get a Free Quote Online →Each point below traces to Rule 45, the Act, a Supreme Court decision or one county’s written practice.
Before service, we compare our Mississippi subpoena and service plan with these points and raise what needs your input. If a motion follows, we tell you which county’s court hears it.
Search or pick the county where discovery will take place to confirm it, then start a quote. Ten counties have two judicial districts, and the directory below lists every office.
The Mississippi Judiciary circuit court pages link the statewide clerk list.
Alabama, Arkansas, Louisiana and Tennessee beside Mississippi on a foreign subpoena: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” reads the law’s text alone; “Check” marks a state whose filing rules leave open how an out-of-state requester proceeds.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Mississippi | S.B. 2264 (2011); M.R.C.P. 45(a)(3) | No | Clerk of court, discovery county |
| Alabama | Ala. Code §§ 12-21-400 to 12-21-407 (Act 2012-518) | No | Circuit clerk, discovery county |
| Arkansas | Ark. R. Civ. P. 45.1 (2017 Ark. 356, eff. 2018) | No | Circuit clerk, discovery county |
| Louisiana | R.S. 13:3825 (Acts 2014, No. 793) | No | Clerk of court, discovery parish |
| Tennessee | Tenn. Code Ann. §§ 24-9-201 to 24-9-207 (Public Chapter 908, 2008) | Check | Clerk of court, discovery county |
Every answer names the Mississippi rule, statute or official text behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Not by any statewide text. The rule leaves the mechanics to each court’s procedure, so the answer is local, and one county’s fee sheet treats the request as a new civil case. Your quote covers your county. See the rule section for the text.
The texts never narrow it to one bench. S.B. 2264 speaks of a clerk of court, and Rule 45(a)(3) of a clerk of a court for the discovery county. The fee statute concerns circuit clerks, and whether a chancery or county clerk would issue remains unsettled. We handle the request with the circuit clerk named in your county’s directory row.
Not as a settled statewide route. Cases start by conventional filing, e-filing is for registered attorneys, and the subpoena channels run inside a filed case. Rule 45 itself is quiet on channel, so a foreign request with no case number has no clear path. We handle that step with your county’s clerk, and the rule section gives the wording.
No. S.B. 2264 says the request is no appearance in Mississippi’s courts, and M.R.A.P. 46(b)(11)(i) takes a Rule 45(a)(3) request outside the pro hac vice rule. Those two texts cover the request. The rule section prints the words and shows where they stop.
Not a form either text names. The foreign subpoena goes to the clerk, the Mississippi subpoena we prepare carries its terms, and Rule 84 treats the appendix subpoena forms as sufficient. A clerk who opens a new case can add its own intake paper. The rule section has more, and your quote covers your county.
No. That change covers counsel of record in an action already pending in a Mississippi court, and that attorney must be admitted here or pro hac vice in the same action. A case pending elsewhere fits neither branch, so the foreign route stays with the clerk under Rule 45(a)(3).
More than the command. Rule 45(a)(1) sets the baseline for any Mississippi subpoena, a foreign request adds its terms and its counsel list under Rule 45(a)(3), and a production command adds a ten-day note under Rule 45(d)(2)(A). The rule section lists each item, and the subpoena we prepare carries them.
Not one or the other: both. The rule moved first, when Rule 45 took on foreign subpoenas in 2009. The statute followed as S.B. 2264, in force from 2011 and reaching cases already pending, and the two now run side by side. The rule section quotes both.
Yes, a private server qualifies. Rule 45(c)(1) allows a sheriff, a deputy, or any other person who is not a party and is at least 18. S.B. 2264 Section 4 adopts Rule 45 for this step, so a foreign subpoena follows the same limits as a local one. The service cards set out each step.
No. Rule 45(c)(1) says service is executed upon the witness personally, so handing it to a spouse, a coworker or a front desk does not meet those words. The sole alternative is the witness’s own written acknowledgment on the subpoena. See the in-person card.
Not by that route. Before the Act, Syngenta, No. 2004-IA-00530-SCT, held that the registered-agent statute “does not authorize a party’s service of a subpoena duces tecum upon nonresident nonparties,” and that a Mississippi court cannot reach their out-of-state documents. No decision yet applies that holding to the Act. The service card has the rule’s text.
So they can act before anything is produced. Rule 45(a)(5) has every party copied under Rule 5 right when the subpoena goes out, before the witness is served, and that step falls to your side. Service on the witness comes next, and we handle that part. See the notice card.
Rule 45(c)(2) wants what happened, where and to whom, plus who the server is and how to reach that person, in a certified statement. The statement goes promptly to the clerk of the issuing court, and every party gets a copy immediately. A Certified Statement With the Issuing Clerk quotes the rule’s own list.
Not unless the witness lives, works or does business in person in Harrison County. Rule 45(b) keeps a resident to those counties, and a nonresident served here to the county of service, unless a court order fixes another convenient place. A subpoena that breaks this limit can be quashed for it. See the county limit card.
From service. Rule 45(d)(2)(B) gives ten days after service, or until the compliance date if sooner, for a written objection to the party serving the subpoena. If an objection is made, inspection needs a court order. The calculator counts Day 10 under Rule 6(a), Mississippi holidays included.
No. Rule 45(a)(3) sends it to the issuing court in the county of discovery, under Mississippi’s rules. Section 6 of S.B. 2264 agrees, naming the court in the county of discovery. A request for a protective order takes the same road. See the motions card for the grounds.
Absent a court order, the tenth day after service, under Rule 45(d)(2)(A). A court may shorten the time for good cause. The subpoena has to show this hold conspicuously on its face, so a custodian who reads it knows the earliest day. Nothing Before the Tenth Day quotes the rule.
Yes, unless the subpoena also commands appearance for a deposition, hearing or trial, under Rule 45(d)(2)(A); the delivery terms come from the subpoena. Certified records have their own treatment under M.R.E. 902(11) in Mississippi courts; the foreign forum decides what it accepts. See the 902(11) card.
Not by itself. Federal privacy law applies, and the clerk’s subpoena is not a court order. Without one, 45 C.F.R. § 164.512(e) looks to assurances about patient notice or a qualified protective order, or to the provider’s own efforts. The records section takes each path in turn.
Section 25-7-13, restated by S.B. 2562, has a case-opening line and a $1.00 line for issuing a subpoena, and it does not choose between them for a foreign request. The figure for your county comes to you in the written quote. The rule section shows both lines.
Because the amount is set locally. The statute ties it to the juror pay a board of supervisors sets, plus in-state mileage, so the figure can differ by county and the text prints no single dollar amount. See Tied to Juror Pay and Mileage.
Yes for a non-party, in most cases. Rule 45(c)(1) calls for one day’s fee and mileage at the time of service, unless a court excuses it for indigence or the subpoena issues for the State. One Day’s Fee and Mileage, at Service gives the exact wording of both exceptions.
No. Rule 45(a)(3) and the Act say “promptly” and stop there, with no number of days. The clerk works under that court’s own procedure, so timing can turn on the county, and a new-case step adds paperwork where a clerk requires one. Tell us your deadline on the order form. The rule section prints the word.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
