Subpoenas

Rule 45 of the Mississippi Rules of Civil Procedure authorizes the Court clerk to issue subpoenas to a party for the production of documents, for a witness to appear at a hearing, etc.  The subpoenas then have to be served in accordance with Rule 4 of the Mississippi Rules of Civil Procedure.  I have always subpoenaed my own witnesses when it is time for  a hearing.  The problem is that if you do not, you have no basis to get a continuance and the judges are not very understanding unless a subpoena has been issued.  Failure to respond to a subpoena is considered contempt of court which gives you a great argument for a continuance when a party does not appear or documents are not produced in the time frame set. 

One area I continually see attorneys overlook is the mileage fee for a witness required by Mississippi Code Annotated §25-7-47.  With the subpoena, you must also attach a check or cash for the mileage rate for five cents per mile to and from court along with a $1.50 per day.  On my subpoenas I always attach a separate certificate showing that the showing the process server gave the statutory fees in addition to proof of service.  If you do not tender the check, the witness has no duty to appear.  Attaching a separate certificate also provides proof that the statute has been complied with in tendering the fees.