To domesticate an out-of-state subpoena in Mississippi, submit the foreign subpoena to the circuit clerk in the county where discovery is sought. Under Miss. Code § 11-59-5, the clerk promptly issues a Mississippi subpoena mirroring the foreign terms. The statutory fee is $1.00, but some counties charge up to $161.00. Countrywide Process provides the required forms, handles filing, advances fees, issues and serves subpoenas through vetted Mississippi process servers, and returns proof of service with online tracking.
Countrywide Process
August 22, 2025
Mississippi has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) through Miss. Code § 11-59-5. This law allows attorneys litigating outside Mississippi to obtain discovery from witnesses or records located in the state without initiating a separate case. Instead, the process is streamlined through the circuit court clerk in the county where discovery is sought.
Out-of-state subpoenas are not automatically enforceable in Mississippi. By domesticating them under UIDDA, the subpoena is recognized under Mississippi jurisdiction and carries enforceability under Rule 45 of the Mississippi Rules of Civil Procedure.
Once issued, the Mississippi subpoena must be served in compliance with Mississippi Rule 45. This requires personal service, along with tender of witness and mileage fees when applicable.
Countrywide Process handles this for attorneys by:
If a witness resists or fails to comply, motions to enforce, quash, or modify must be filed in the Mississippi circuit court that issued the subpoena. Countrywide Process ensures attorneys are supported throughout enforcement needs by providing complete records of filing and service.
Attorneys nationwide turn to Countrywide Process because we eliminate the guesswork. We:
By outsourcing to Countrywide Process, attorneys gain confidence knowing subpoenas are handled properly from start to finish.
Let Countrywide Process simplify your Mississippi subpoena domestication.
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Mississippi follows the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at Miss. Code § 11-59-5.
File with the circuit court clerk in the county where the witness resides, is employed, or where the records are located.
Under Miss. Code Ann. § 25-7-13, the statutory fee for issuance is $1.00 statewide.
Examples include DeSoto County ($161.00), Oktibbeha County ($85.00), Marion County ($36.00), and Madison County ($161.00).
The circuit court clerk issues the Mississippi subpoena after receiving the foreign subpoena package under Miss. Code § 11-59-5.
The subpoena must be served according to Mississippi Rule of Civil Procedure 45. Countrywide Process ensures service is completed by vetted professional process servers.
No. Under Miss. Code § 11-59-5, submission of a foreign subpoena to the clerk does not constitute an appearance in a Mississippi court.
Motions to enforce, quash, or modify are filed with the circuit court that issued the domesticated subpoena.
Countrywide Process prepares correct forms, files with the clerk, advances all required fees, serves subpoenas via vetted process servers, and provides proof of service and online status updates.
