Mississippi ProcessStatewide Legal Intake

Serving Out-of-State Defendants & Domesticating UIDDA Foreign Subpoenas in Mississippi

Reading Time: 9 min read•Verified Under Mississippi Code & MRCP•Updated: 2026-11-02
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Executive Statutory Summary

Mississippi has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) at Miss. Code Ann. § 11-59-1 et seq. Out-of-state attorneys can domesticate a foreign subpoena in Mississippi without hiring local counsel or filing a miscellaneous lawsuit by submitting the foreign subpoena to the Circuit Clerk in the Mississippi county where discovery is sought. Once issued by the Circuit Clerk, the subpoena is served under MRCP Rule 45 (including tendering the statutory witness fee and mileage if commanding attendance).

Primary Controlling Authorities:
  • • Miss. Code Ann. § 11-59-1 to § 11-59-17 (Mississippi Uniform Interstate Depositions and Discovery Act)
  • • Miss. R. Civ. P. 45 (Subpoena Issuance, Service & Witness Fee Tendering)
  • • Miss. R. Civ. P. 4(c)(5) (Certified Mail Restricted Delivery for Out-of-State Defendants Only)
  • • Miss. Code Ann. § 13-3-57 (Mississippi Long-Arm Statute)

1. How to Domesticate an Out-of-State Subpoena in Mississippi (Miss. Code Ann. § 11-59-5)

Under the Mississippi Uniform Interstate Depositions and Discovery Act (Miss. Code Ann. § 11-59-1 through § 11-59-17), obtaining deposition testimony or subpoenaing medical/business records from a witness, hospital, or registered agent in Mississippi for use in an out-of-state lawsuit is a ministerial clerk process:

Under Miss. Code Ann. § 11-59-5, a request for the issuance of a Mississippi subpoena does NOT constitute an appearance in the courts of Mississippi. The domestication procedure follows four steps:

  • Step 1 — Identify the Correct Mississippi County Circuit Clerk: Submit the request to the Clerk of the Circuit Court in the county in which discovery is to be conducted (for example, Hinds County for UMMC or Baptist Medical Center in Jackson; Rankin County for CT Corp or BCBSMS in Flowood; Madison County for CSC or Northwest in Madison/Ridgeland; or Lee County for NMMC in Tupelo).
  • Step 2 — Prepare the Matching Mississippi Subpoena: Prepare a Mississippi Rule 45 subpoena form that (a) incorporates the exact terms used in the foreign subpoena, and (b) contains or is accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding and of any party not represented by counsel (Miss. Code Ann. § 11-59-5(3)).
  • Step 3 — Clerk Issuance & Fee: Present the foreign subpoena, the proposed Mississippi subpoena, and the Circuit Clerk’s statutory issuance fee to the Circuit Clerk, who promptly issues the Mississippi subpoena.
  • Step 4 — Service Under MRCP Rule 45: Under Miss. Code Ann. § 11-59-7, a subpoena issued under the UIDDA must be served in compliance with Mississippi Rule of Civil Procedure 45—meaning personal delivery by a non-party adult 18+ AND tendering the statutory daily witness fee ($25–$40 juror rate) plus round-trip in-state mileage if the subpoena commands personal attendance.

2. Serving Mississippi Lawsuits on Out-of-State Defendants (MRCP Rule 4(c)(5) & § 13-3-57)

When a lawsuit is filed in a Mississippi court against a non-resident individual or foreign corporation subject to Mississippi’s Long-Arm Statute (Miss. Code Ann. § 13-3-57—covering anyone who makes a contract to be performed in whole or in part in MS, commits a tort in whole or in part in MS, or does any business or character of work in MS), Mississippi offers three primary methods of service:

  • 1. Direct Personal Service Out-of-State (MRCP Rule 4(c)(1) & 4(d)): Personal delivery (or abode service + mailing) in the foreign state by a non-party process server 18 or older;
  • 2. Certified Mail "Restricted Delivery" (MRCP Rule 4(c)(5)): Unlike in-state defendants (who cannot be served by certified mail), a defendant located OUTSIDE Mississippi may be served by certified mail, return receipt requested. Where the defendant is a natural person, the envelope MUST be marked "Restricted Delivery," and service is valid only if the return receipt is signed by the defendant (or marked refused by the postmaster, followed by immediate first-class mailing).
  • 3. Substituted Service via the Mississippi Secretary of State (Miss. Code Ann. § 13-3-57): Delivering duplicate copies of the summons and complaint plus the statutory fee to the Mississippi Secretary of State in Jackson, who forwards a copy by certified mail to the non-resident defendant.

3. Turnkey Clerk Domestication & Service Across All 82 Mississippi Counties

Instead of mailing checks to rural Mississippi Circuit Clerks and waiting weeks for return mail, upload your out-of-state subpoena directly at `/order`. Our Mississippi courthouse runners walk your UIDDA packet into the Circuit Clerk’s office, pay the issuance fee, obtain the clerk’s signature and seal, and personally serve the deponent or records custodian with full MRCP Rule 45 compliance.

Frequently Asked Questions

Can I serve a UIDDA subpoena on CT Corp in Flowood, Mississippi for an out-of-state case?

Yes! You domesticate the foreign subpoena through the Rankin County Circuit Clerk in Brandon, MS (since Flowood is in Rankin County), and our courier serves CT Corp at 645 Lakeland East Drive, Suite 101, Flowood, MS 39232.

Why does MRCP Rule 4(c)(5) allow certified mail only for out-of-state defendants?

Mississippi intentionally restricted certified mail service to persons outside the state under Rule 4(c)(5). Attempting to serve an in-state Mississippi resident via Rule 4(c)(5) certified mail is a common error that results in immediate dismissal for insufficiency of service of process.