Mississippi § 13-3-5 - The summons.
Full text of Mississippi Mississippi Code of 1972 Annotated § 13-3-5 — The summons., with citation guidance and answers to common questions.
§ 13-3-5. The summons.
The process to bring in defendants in all civil actions in all courts except justice court shall be a summons, the form, issuance, service, waiver, return, amendment and time limits of which shall be governed by the Mississippi Rules of Civil Procedure. The process to bring in defendants in all civil actions in justice court shall be a summons which shall be served in one of the following modes: First.— Upon the defendant personally, if to be found in the county, by handing him a true copy of the process. Second.— If the defendant cannot himself be found in the county, then by leaving a true copy of the process at his usual place of abode, with his wife or some other person of his family above the age of sixteen (16) years, and willing to receive such copy. Third.— If the defendant cannot himself be found, and if no person of his family aged sixteen (16) years can be found at his usual place of abode who is willing to receive such copy, then by posting a true copy on a door of the defendant’s usual place of abode; provided, however, that if this mode is used when the defendant’s usual place of abode is a multi-family dwelling, a copy of the summons shall be mailed to the defendant by the clerk of the court upon return of service.
Source: official Mississippi text · Last verified 2026-08-27
Frequently Asked Questions About Mississippi § 13-3-5
What does Mississippi Code of 1972 Annotated § 13-3-5 cover?
Section 13-3-5 ("The summons.") is part of the Mississippi Code of 1972 Annotated, the codified statutory law of Mississippi. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Mississippi § 13-3-5?
A common citation format is "Mississippi Code of 1972 Annotated § 13-3-5" (Mississippi). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Mississippi law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Mississippi official source linked on this page or consult a licensed Mississippi attorney.
How does Mississippi § 13-3-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Mississippi can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Mississippi.