Rules of Civil Procedure v. Rules
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Serial: 92370
IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99001-SCT
RE: THE RULES OF CIVIL PROCEDURE
ORDER
This matter has come before the Court en banc on the Court's own motion for consideration of an
amendment to Rule 4(e) of the Mississippi Rules of Civil Procedure, deleting from such rule the prohibition
against waiver of service of process by one convicted of a felony. Having considered the matter, the Court
finds that such an amendment is in the interest of the fair and efficient administration of justice.
IT IS THEREFORE ORDERED that Rule 4(e) of the Mississippi Rules of Civil Procedure is amended as
set forth in Exhibit "A" hereto.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes of the
Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next
edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi
Edition).
SO ORDERED, this the 2nd day of January, 2002.
/s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR., JUSTICE,
FOR THE COURT
EXHIBIT "A"
RULE 4. SUMMONS. . . .
(e) Waiver. Any party defendant who is not an unmarried minor, or mentally incompetent, or convict of
felony may, without filing any pleading therein, waive the service of process or enter his or her appearance,
either or both, in any action, with the same effect as if he or she had been duly served with process, in the
manner required by law on the day of the date thereof. Such waiver of service or entry of appearance shall
be in writing dated and signed by the defendant and duly sworn to or acknowledged by him or her, or his or
her signature thereto be proven by two (2) subscribing witnesses before some officer authorized to
administer oaths. Any guardian or conservator may likewise waive process on himself and/or his ward, and
any executor, administrator, or trustee may likewise waive process on himself in his fiduciary capacity.
However, such written waiver of service or entry of appearance must be executed after the day on which
the action was commenced and be filed among the papers in the cause and noted on the general docket.
....
[Amended effective May 1, 1982; March 1, 1985; February 1, 1990; July 1, 1998; January 3, 2002.]
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