How to Subpoena a Witness in Mississippi Justice Court

Your case depends on testimony from someone who was not part of the original dispute — a neighbor who watched the work being done, an employee who handled the transaction, or a repair professional who inspected the damage. If that person will not come to court voluntarily, a subpoena compels their attendance. Mississippi Justice Court has a straightforward process for issuing one.

How the Subpoena Process Works

Under RJC Rule 21, the Justice Court Clerk issues subpoenas for witnesses in civil cases. You do not need to draft the subpoena yourself or hire an attorney. The basic steps:

1. Request the subpoena from the clerk. Submit a written, signed, and dated request to the Justice Court Clerk in the county where your case is filed. Include the witness's mailing and physical addresses, enough information to locate them, your case number, and hearing date.

2. The clerk issues the subpoena. The document orders the named witness to appear at the specified date, time, and courtroom.

3. The subpoena is personally served. Under RJC Rule 21, service may be made by a sheriff, deputy sheriff, constable, or another nonparty who is at least 18 years old. A constable or process server may charge a service fee, typically $30 to $45 depending on the county.

4. The witness appears at the hearing. They testify under oath about what they saw, heard, or know about the dispute.

When to Request a Subpoena

Submit your subpoena request in a reasonable time before the hearing date under RJC Rule 21. The server needs time to locate and serve the witness, and the witness needs notice to arrange their schedule. A request two weeks before the hearing is a planning target, not a rule deadline; a very late request may leave too little time for service.

If you are serving someone in a different county, allow extra time for service.

What a Subpoena Can and Cannot Do

A Justice Court subpoena compels a witness to appear and testify. It can also require the witness to bring specified books, papers, documents, or other items in their possession or control that will be offered into evidence. List the requested items in your written request to the clerk.

A subpoena cannot force someone to testify in your favor. The witness answers questions truthfully — which might help your case or hurt it. Both you and the opposing party can question the witness at the hearing.

What Happens If a Witness Ignores the Subpoena

A witness who was properly served and fails to appear may be subject to enforcement. Under RJC Rule 21, the judge may enforce a civil subpoena by means allowed by Mississippi law, including an attachment under Miss. Code Ann. § 11-9-115.

If a critical witness fails to appear, you can ask the judge for a continuance to reschedule the hearing and re-serve the subpoena.

Costs

You may pay a service fee if you hire a constable or process server. If you win the case, those costs may be assessed against the losing party as part of the final judgment. An approved Affidavit of Indigency may waive filing fees or appeal security; ask the clerk whether it also covers subpoena service costs.

Preparing Your Witnesses

Even cooperative witnesses benefit from knowing what to expect. Let them know the hearing date and location, roughly how long the hearing should take, and what topics you expect them to address. Do not coach them on answers — just make sure they know the facts you need them to confirm.

Bring three physical copies of all documentary evidence to the hearing: one for the judge, one for the opposing party, and one for yourself. If your witness is bringing documents under a subpoena duces tecum, coordinate with them to confirm the documents exist and are organized.

The Responding to a Small Claims Case in Mississippi guide includes an evidence inventory worksheet and hearing preparation checklist to help you organize witnesses and exhibits before court day.

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