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AFFIDAVIT OF SERVICE

State of Mississippi


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Affiant’s Statements of Service)
IV. Representations & Warranties of Affiant
V. General Provisions
VI. Execution Block & Notarial Certificate


I. DOCUMENT HEADER

Court: [COURT NAME] Court of [COUNTY], Mississippi
Style of Case: [PLAINTIFF NAME(S)] v. [DEFENDANT NAME(S)]
Civil Action No.: [CASE NUMBER]
Affidavit Effective Date: [DATE OF EXECUTION]
Governing Law & Venue: Mississippi procedural law; exclusive venue in the court identified above.

[// GUIDANCE: Insert the exact court and county caption used on the pleadings to avoid rejection by the clerk.]


II. DEFINITIONS

For purposes of this Affidavit, the following capitalized terms have the meanings set forth below:

  1. “Affiant” means the individual executing this Affidavit and attesting to service of process.
  2. “Document(s) Served” means each pleading, notice, summons, subpoena, or other paper listed in Section III(A).
  3. “Personal Service” means hand-delivery of the Document(s) Served directly to the person served, as authorized by Miss. R. Civ. P. 4(d)(1)(A).
  4. “Substituted Service” means service effected by leaving the Document(s) Served at the usual place of abode with a person of suitable age and discretion then residing therein, as authorized by Miss. R. Civ. P. 4(d)(1)(B).
  5. “Certified Mail Service” means service by certified mail, return receipt requested, in conformity with Miss. R. Civ. P. 4(c)(5).
  6. “Service Date” means the calendar date on which the Document(s) Served were delivered, mailed, or otherwise tendered in compliance with Mississippi law.

[// GUIDANCE: Add or delete definitions if a service method other than those above (e.g., publication) is utilized.]


III. OPERATIVE PROVISIONS (AFFIANT’S STATEMENTS OF SERVICE)

A. Identity of Documents Served
1. [e.g., “Summons and Complaint”]
2. [Additional documents, if any]

B. Method(s) of Service Employed (check all that apply):
☐ Personal Service  ☐ Substituted Service  ☐ Certified Mail Service  ☐ Other: [Describe]

C. Particulars of Service
1. Service Date: [MM/DD/YYYY]
2. Exact Time of Service (24-hr): [HH:MM]
3. Location of Service: [PHYSICAL ADDRESS]
4. Name of Person Served or Recipient of Substituted Service: [NAME]
5. Relationship of Recipient to Defendant (if Substituted Service): [RELATIONSHIP]
6. Certified Mail Tracking No. (if applicable): [NUMBER]
7. Return Receipt Attached: ☐ Yes  ☐ N/A

D. Compliance Statement
Affiant affirms that the above method(s) of service fully comply with Mississippi Rule of Civil Procedure 4, including the 120-day time limit for service set forth in Rule 4(h), and that no court order extending such period was required or, if required, was duly obtained.

[// GUIDANCE: If service is being perfected after the 120-day period, attach the court’s extension order and reference it here.]


IV. REPRESENTATIONS & WARRANTIES OF AFFIANT

  1. Capacity. Affiant is at least eighteen (18) years of age, competent to testify, and not a party to nor interested in the outcome of the above-styled action.
  2. Authorization. Affiant is duly authorized to effect service under Mississippi law, being:
    ☐ A Mississippi sheriff or deputy sheriff
    ☐ A process server specially appointed by the court (Order attached)
    ☐ An individual designated under Miss. R. Civ. P. 4(c)(3)
  3. Accuracy. All statements herein are true and correct to the best of Affiant’s knowledge, information, and belief, formed after reasonable inquiry.
  4. Attachments. All exhibits referenced herein (e.g., signed return receipt, photographs, GPS logs) are incorporated by reference and form a part of this Affidavit.
  5. Survival. These representations survive filing and may be relied upon by the court in adjudicating the sufficiency of service.

V. GENERAL PROVISIONS

  1. Amendment; Supplementation. Affiant shall promptly supplement this Affidavit if additional or corrective information becomes known.
  2. Severability. If any part of this Affidavit is held invalid, the remainder shall remain in full force to the maximum extent permitted by law.
  3. Integration. This writing constitutes the entire affidavit of service concerning the Document(s) Served.
  4. Counterparts; Electronic Signatures. This Affidavit may be executed in counterparts and by electronic or facsimile signature, each deemed an original.

[// GUIDANCE: Electronic signatures are accepted in Mississippi courts that have adopted e-filing; confirm the specific court’s local rules.]


VI. EXECUTION BLOCK & NOTARIAL CERTIFICATE

I, [AFFIANT NAME], solemnly swear or affirm under oath and under penalty of perjury under the laws of the State of Mississippi that the foregoing is true and correct.


[ AFFIANT NAME ]
[AFFIANT ADDRESS]
[PHONE] | [EMAIL]
Mississippi Process Server ID No. [ID] (if applicable)

Subscribed and sworn to (or affirmed) before me this _ day of _, 20____.


Notary Public, State of Mississippi

My Commission Expires: ________


[// GUIDANCE:
1. Attach all referenced exhibits immediately after the notarial certificate.
2. File the executed affidavit with the clerk of court promptly after service.
3. Retain a conformed copy for your records in case service is later contested.]

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