2010 Mississippi Code
TITLE 11 - CIVIL PRACTICE AND PROCEDURE
Chapter 9 - Practice and Procedure in County Courts and Justice Courts.
11-9-121 - Form of an attachment for a witness.
§ 11-9-121. Form of an attachment for a witness.
An attachment for a witness may be in the following form, viz.:
"The State of Mississippi.
"To any lawful officer of ________ County:
"We command you to take the body of ________ , and have him before the undersigned justice of the peace of ________ County, at ________ , on the ________ day of ________ , A. D. ________ at ________ o'clock ________ , to testify for the ________ in the case of ________ against ________ , No. ________ . (But if the said ________ shall furnish bail, with sureties, to be approved by you, in the sum of one hundred dollars, for his appearance at said time and place, you will discharge him.) And have there then this writ.
"Witness my hand, the ________ day of ________ , A. D. ________ "
The part in brackets should be omitted, if it be not intended that the witness shall be discharged on bail, but shall be brought before the court by the officer. An attachment and scire facias for a defaulting witness may be combined in one writ, and when the witness is before the justice of the peace in pursuance of such process, the judgment nisi shall be made final, if good cause to the contrary be not shown.
Sources: Codes, 1880, §§ 2250, 2251; 1892, § 2409; 1906, § 2738; Hemingway's 1917, § 2237; 1930, § 2086; 1942, § 1820.
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