Mississippi Affidavit of Service (Return of Service)
AFFIDAVIT OF SERVICE (RETURN OF SERVICE)
In the [CIRCUIT / CHANCERY / COUNTY] Court of [________________________________] County, Mississippi
| Party | Role |
|---|---|
| [________________________________] | Plaintiff / Petitioner |
| v. | Cause No. [________________________________] |
| [________________________________] | Defendant / Respondent |
Sworn return by a person other than a sheriff
I, [SERVER NAME], being sworn, state from personal knowledge:
- I am at least 18 years old and am not a party to this action. I served process as a non-sheriff server under Mississippi Rule of Civil Procedure 4(c)(1).
- The papers delivered were a copy of the summons and a copy of the complaint or petition in this action. Other papers delivered, if any: [IDENTIFY]. The person or entity to be served was [NAME].
- I used the method checked below. The date, place, recipient, and required follow-up are recorded accurately.
Method of service
☐ Individual, personal delivery — Rule 4(d)(1)(A). On [__/__/____] at [TIME], I delivered the summons and complaint to [DEFENDANT NAME] at [FULL ADDRESS].
☐ Individual, authorized agent — Rule 4(d)(1)(A). On [__/__/____] at [TIME], I delivered the summons and complaint to [AGENT NAME] at [FULL ADDRESS]. The agent's authority to receive service by appointment or law was: [FACTS AND AUTHORITY].
☐ Individual, abode service — Rule 4(d)(1)(B). I could not make service under Rule 4(d)(1)(A) with reasonable diligence. My efforts were [DATES, PLACES, RESULTS]. On [__/__/____] at [TIME], I left the summons and complaint at the defendant's usual place of abode, [FULL ADDRESS], with [NAME], who was ☐ the defendant's spouse ☐ another family member over age 16. That person was willing to receive service. I then mailed a copy of both papers by first-class mail, postage prepaid, to the defendant at the same abode on [__/__/____]. Rule 4(d)(1)(B) deems this method complete on the tenth day after that mailing; calculated completion date: [__/__/____].
☐ Corporation or association — Rule 4(d)(4). On [__/__/____] at [TIME], I delivered the summons and complaint to [RECIPIENT NAME] at [FULL ADDRESS] for [ENTITY NAME]. The recipient was ☐ an officer ☐ a managing or general agent ☐ an agent authorized by appointment or law. Position or source of authority: [FACTS].
☐ Other in-person method expressly authorized by Rule 4(d) or court order. State the exact authority, recipient, method, date, and place: [DETAILS]. Attach the order if applicable.
I make this affidavit as proof of the service described above under Rule 4(f). I understand that Rule 4(f) requires prompt proof to the court and that a failure to make proof does not itself invalidate an otherwise valid service. I have recorded the facts, rather than assuming service was completed by the filing of this affidavit.
Server's signature: [________________________________]
Printed name: [________________________________]
Address and telephone: [________________________________]
Date signed: [__/__/____]
Oath
State of [________________________________], County of [________________________________].
Sworn to or affirmed before me on [__/__/____] by [SERVER NAME].
Notary or officer administering oath: [________________________________]
Title, commission expiration, and seal if applicable: [________________________________]
Filing control for counsel
Complaint filed: [__/__/____]. Service completed, if applicable: [__/__/____]. Rule 4(h) addresses dismissal without prejudice if the summons and complaint are not served within 120 days after filing and the party cannot show good cause. Record any court order or good-cause issue: [DETAILS]. This control does not replace a motion or order.
This sworn non-sheriff return is for the service methods described above. Other methods have different proof: Under Rule 4(f), first-class mail with acknowledgment under Rule 4(c)(3) is returned by filing the acknowledgment; certified mail on a person outside Mississippi under Rule 4(c)(5) is returned by filing the receipt or envelope marked “Refused.” Publication under Rule 4(c)(4) requires its own prescribed proof. A sheriff makes a return under Rule 4(c)(2) and 4(f). Use the record and proof required for the method actually used.
Official source
Mississippi Rules of Civil Procedure, effective July 1, 2026, Rule 4
About this template
- Last updated
- October 15, 2026
- Citations checked
- October 15, 2026
- Jurisdiction
- Mississippi
- Category
- Litigation & Court Documents
Legal authority
- Miss. R. Civ. P. 4(c)(1) (Service by Nonparty Adult Process Server)
- Miss. R. Civ. P. 4(d)(1)(A)-(B) (Service on Individuals)
- Miss. R. Civ. P. 4(d)(4) (Service on Corporations and Associations)
- Miss. R. Civ. P. 4(f) (Proof and Return of Service)
- Miss. R. Civ. P. 4(h) (120-Day Service Limit and Good Cause)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 15, 2026.
Miss. R. Civ. P. 4(c)(1) (checked October 8, 2026): "A summons and complaint shall, except as provided in subparagraphs (2) and (4) of this subdivision, be served by any person who is not a party and is not less than 18 years of age."
Miss. R. Civ. P. 4(c)(3)(A) (checked October 8, 2026): "A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 1-B and a return envelope, postage prepaid, addressed to the sender."
Miss. R. Civ. P. 4(d)(1)(B) (checked October 8, 2026): "if service under subparagraph (1)(A) of this subdivision cannot be made with reasonable diligence, by leaving a copy of the summons and complaint at the defendant’s usual place of abode with the defendant’s spouse or some other person of the defendant’s family above the age of sixteen years who is willing to receive service, and by thereafter mailing a copy of the summons and complaint (by first class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left."
Miss. R. Civ. P. 4(c)(1) (Service by Nonparty Adult Process Server) (checked October 15, 2026): "A summons and complaint shall, except as provided in subparagraphs (2) and (4) of this subdivision, be served by any person who is not a party and is not less than 18 years of age."
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