Executive Statutory Summary
CRITICAL MISSISSIPPI SUBPOENA RULE: Under Mississippi Rule of Civil Procedure 45(c)(1), when serving a subpoena commanding a non-party witness to attend a deposition or trial, you MUST tender the fee for one day’s attendance PLUS round-trip in-state mileage AT THE TIME OF SERVICE. Under Miss. Code Ann. § 25-7-47 and § 25-7-61, the daily witness attendance fee in Mississippi is equal to the daily pay of a juror set by the County Board of Supervisors (statutorily between $25.00 and $40.00 per day), plus state mileage under Miss. Code Ann. § 25-3-41. If the witness fee is not tendered upon service, the non-party witness has NO legal obligation to obey the subpoena!
- • Miss. R. Civ. P. 45(c)(1) (Subpoena Service & Mandatory Tender of Witness Fee and Mileage)
- • Miss. Code Ann. § 25-7-47 & § 25-7-61 (Statutory Witness Attendance Fee Tied to County Juror Pay)
- • Miss. Code Ann. § 25-3-41 (State Mileage Reimbursement Rate for In-State Travel)
- • Miss. Code Ann. § 41-9-101 et seq. (Hospital Medical Records Subpoena Compliance)
1. Who May Serve a Subpoena Under MRCP Rule 45(c)(1)
Under Rule 45(c)(1) of the Mississippi Rules of Civil Procedure, a subpoena may be served by the sheriff, by the sheriff’s deputy, by a constable, or by ANY other person who is not a party and is not less than 18 years of age.
Unlike a summons and complaint (which may be served on a co-resident at the defendant’s abode followed by mailing under Rule 4(d)(1)(B)), MRCP Rule 45(c)(1) requires PERSONAL DELIVERY of a subpoena to the named witness (or to an authorized corporate officer/registered agent when subpoenaing a business entity).
2. How to Calculate Mississippi’s Statutory Witness Fee & Mileage (Miss. Code Ann. § 25-7-47)
Mississippi has one of the most distinctive statutory witness fee formulas in the United States. Rather than setting a single statewide dollar figure in the Rules of Civil Procedure, MRCP Rule 45(c)(1) cross-references Miss. Code Ann. § 25-7-47, which ties witness pay directly to county juror compensation:
- Daily Attendance Fee ($25.00 to $40.00 Per Day): Under Miss. Code Ann. § 25-7-47, witnesses in County, Circuit, and Chancery Courts receive the same pay per day as is set by the County Board of Supervisors for a juror in that county pursuant to Miss. Code Ann. § 25-7-61(1)(a) (which brackets juror pay at not less than $25.00 nor more than $40.00 per day). Tip: If you do not know the exact local Board of Supervisors rate for a specific county, tendering the maximum $40.00 per day guarantees 100% statutory compliance in every county in Mississippi!
- Round-Trip Mileage Reimbursement (Miss. Code Ann. § 25-3-41): In addition to the daily attendance fee, the witness is entitled to mileage for each mile traveled going to and returning from the courthouse or deposition site to their home by the nearest route, calculated at the rate per mile allowable for state/county employees under Miss. Code Ann. § 25-3-41 (tied to the federal IRS standard mileage rate, plus any actual tolls or ferriages). Note: Under § 25-7-47, mileage is calculated only for travel within the geographic borders of the State of Mississippi.
- Mandatory Tendering at the Moment of Service: Under MRCP Rule 45(c)(1), when the subpoena is issued on behalf of any party other than the State of Mississippi or a state officer/agency, service is completed by delivering a copy to the witness AND tendering the fee for one day’s attendance and the mileage allowed by law. The Advisory Committee Note to Rule 45 explicitly states that a non-party witness has no legal obligation to honor a subpoena if the witness fee and mileage check are not tendered at the time of service.
3. Subpoenas Duces Tecum (Records Only) & The 10-Day Prior Notice Rule
When issuing a subpoena duces tecum commanding a non-party (such as a hospital, bank, employer, or insurance company) solely to produce books, papers, documents, or electronically stored information without requiring a live deposition appearance, MRCP Rule 45(d)(1)(A) and (2) impose strict procedural notice requirements:
First, Mandatory Service on All Other Parties: Under MRCP Rule 45(d)(2)(A), a copy of any subpoena commanding production or inspection of documents must be served on each party to the lawsuit immediately after it is issued, and the subpoenaed records shall not be produced before the date and time specified in the subpoena (which must give opposing parties reasonable time—typically at least 10 days—to move to quash or object before production occurs).
Second, Witness Fee Not Required for Records-Only Subpoenas (Unless Attendance Commanded): If a subpoena duces tecum does not command a person to attend in person for testimony, tendering attendance and mileage is not required under Rule 45(c)(1), though records custodians (especially hospitals under Miss. Code Ann. § 11-1-52 and § 41-9-101) are entitled to statutory per-page reproduction and research fees.
4. Hospital Medical Records Subpoenas Under Miss. Code Ann. § 41-9-101 et seq.
When serving a subpoena duces tecum for patient medical records on a Mississippi hospital—such as the University of Mississippi Medical Center (UMMC) or Mississippi Baptist Medical Center in Jackson, or North Mississippi Medical Center in Tupelo—Miss. Code Ann. § 41-9-101 to § 41-9-119 provides a streamlined statutory compliance procedure.
Under § 41-9-103 and § 41-9-109, the hospital custodian of records complies by delivering a true and correct copy of the chart enclosed in a sealed inner envelope together with a sworn Affidavit of the Custodian of Records certifying that the copies were prepared in the regular course of hospital business, eliminating the need for the hospital records custodian to appear live in court.
Frequently Asked Questions
Can Mississippi Process Service LLC advance the witness fee check when serving a subpoena?
Yes! When you submit a subpoena through our `/order` portal, you can instruct us to cut and attach the statutory witness attendance and mileage check on your firm’s behalf so the check is physically handed to the witness and documented on the Return of Service.
How many days does a non-party have to object to a records subpoena in Mississippi?
Under MRCP Rule 45(d)(2)(B), a person commanded to produce and permit inspection/copying may serve a written objection within ten (10) days after the service of the subpoena (or before the time specified for compliance if the compliance window is less than 10 days).