27 Miss. Code. R. 120-9.13 - [Effective until 7/1/2025] SUBPOENAS
A. The presiding hearing officer shall have
the authority to issue subpoenas in connection with a hearing.
B. To compel the attendance of a witness, or
witnesses, any party to an appeal may file with the Administrative Office a
written Request for Issuance of Subpoenas. Each request shall contain for each
witness:
i. Name;
ii. Street address where the witness may be
readily found for service of the subpoena (If the only available address is a
route number or box number, the party requesting the subpoena must provide
complete and accurate directions for locating the witness.); and,
iii. Brief statement supporting the relevance
and materiality of the testimony of the witness to the appeal.
C. To compel the production of
documentary evidence, any party to an appeal may file with the Administrative
Office a written Request for Issuance of Subpoena Duces Tecum. Each request
shall specify:
i. Name of person who is to
produce such documentary evidence;
ii. Street address where such person may be
readily found for service of the subpoena (If the only available address is
route number or box number, the party requesting the subpoena must provide
complete and accurate directions for locating the witness.); and,
iii. Brief statement supporting the relevancy
and materiality of the documentary evidence to the appeal.
D. Each request must be filed no later than
twenty (20) days prior to the hearing date to ensure timely service. Requests
for subpoenas must be served on every other party or his or her attorney. A
person or entity shall be given at least ten (10) days to produce documentary
evidence pursuant to a subpoena.
E.
A subpoena may be served as provided by the Mississippi Rules of Civil
Procedure.
F. Once a subpoena is
issued to the appropriate office for service by the county sheriff, the
Administrative Office will return the issued subpoenas to the requesting party
for service. It is the responsibility of the requesting party to forward the
issued subpoenas and the required fee to the appropriate office for service by
the county sheriff. A fee determined by the county sheriff for each person to
be subpoenaed shall accompany the subpoena. Any questions regarding fees or
where to send subpoenas should be directed to the sheriff's office that will be
serving the subpoena. The Administrative Office cannot answer questions
regarding mailing instructions or fees for county sheriff's offices.
G. In case of the failure of any person to
comply with any subpoena issued by the presiding hearing officer, the
requesting party may invoke the aid of any court of this state of general
jurisdiction. The court may thereupon order such person to comply with the
requirements of the subpoena. Failure to obey the order of the court may be
punished by the court as contempt thereof.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. The presiding hearing officer shall have the authority to issue subpoenas in connection with a hearing.
B. To compel the attendance of a witness, or witnesses, any party to an appeal may file with the Administrative Office a written Request for Issuance of Subpoenas. Each request shall contain for each witness:
i. Name;
ii. Street address where the witness may be readily found for service of the subpoena (If the only available address is a route number or box number, the party requesting the subpoena must provide complete and accurate directions for locating the witness.); and,
iii. Brief statement supporting the relevance and materiality of the testimony of the witness to the appeal.
C. To compel the production of documentary evidence, any party to an appeal may file with the Administrative Office a written Request for Issuance of Subpoena Duces Tecum. Each request shall specify:
i. Name of person who is to produce such documentary evidence;
ii. Street address where such person may be readily found for service of the subpoena (If the only available address is route number or box number, the party requesting the subpoena must provide complete and accurate directions for locating the witness.); and,
iii. Brief statement supporting the relevancy and materiality of the documentary evidence to the appeal.
D. Each request must be filed no later than twenty (20) days prior to the hearing date to ensure timely service. Requests for subpoenas must be served on every other party or his or her attorney. A person or entity shall be given at least ten (10) days to produce documentary evidence pursuant to a subpoena.
E. A subpoena may be served as provided by the Mississippi Rules of Civil Procedure.
F. Once a subpoena is issued to the appropriate office for service by the county sheriff, the Administrative Office will return the issued subpoenas to the requesting party for service. It is the responsibility of the requesting party to forward the issued subpoenas and the required fee to the appropriate office for service by the county sheriff. A fee determined by the county sheriff for each person to be subpoenaed shall accompany the subpoena. Any questions regarding fees or where to send subpoenas should be directed to the sheriff's office that will be serving the subpoena. The Administrative Office cannot answer questions regarding mailing instructions or fees for county sheriff's offices.
G. In case of the failure of any person to comply with any subpoena issued by the presiding hearing officer, the requesting party may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to obey the order of the court may be punished by the court as contempt thereof.