2013 Mississippi Code
Title 97 - CRIMES
§ 97-44-11 - Service of process

MS Code § 97-44-11 (2013) What's This?

(1) All streetgangs and streetgang members engaged in a gang-related criminal activity within this state impliedly consent to service of process upon them as set forth in this section, or as may be otherwise authorized by the Rules of Civil Procedure.

(2) Service of process upon a streetgang may be had by leaving a copy of the complaint and summons directed to any officer of such gang, commanding the gang to appear and answer the complaint or otherwise plead at a time and place certain:

(a) With any gang officer; or

(b) With any individual member of the gang simultaneously named therein; or

(c) In the manner provided for service by publication in a civil action; or

(d) With any parent, legal guardian or legal custodian of any persons charged with a gang-related offense when any person sued civilly under this chapter is under seventeen (17) years of age and is also charged criminally or as a delinquent minor; or

(e) With the director of any agency or department of this state who is the legal guardian, guardianship administrator or custodian of any person sued under this chapter; or

(f) With the probation or parole officer of any person sued under this chapter; or

(g) With such other person or agent as the court may, upon petition of the district attorney or his designee or the county attorney, authorize as appropriate and reasonable under all of the circumstances.

(3) If after being summoned a streetgang does not appear, the court shall enter an answer for the streetgang neither affirming nor denying the allegations of the complaint but demanding strict proof thereof, and proceed to trial and judgment without further process.

(4) When any person is named as a defendant streetgang member in any complaint, or subsequently becomes known and is added or joined as a named defendant, service of process may be had as authorized or provided for in the Rules of Civil Procedure for service of process in a civil case.

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