Get Mississippi Rule 81 Summons Form 2020-2025

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

The “forum defendant rule” is detailed in 28 U.S.C. § 1444. It refers to the rules regarding when a case may be transferred or “removed” from the state court to the federal court.

If a defendant is not served within 90 days after the complaint is filed, and if the party required to serve the defendant cannot show good cause why service was not made within that period, the court—on its own with notice to that party or on a motion—must dismiss the action as to that defendant without prejudice.

Defendant must answer within 20 days of service or within five days of removal, whichever is longer. 2. Removing party must demand jury trial within 10 days of notice of removal filed. Other parties get 10 days from notice of the removal.

Rule 81(f), based on Federal Rule 81(c), deals with cases which have been brought from a district court to the Superior Court for trial (removed cases), or re-trial (appealed cases). It makes clear that any pleadings previously filed in the court below need not be redrafted to with these rules.

For those who remember the rules that a number is divisible by 3 and 9 if and only if (iff) the sum of its digits is divisible by 3 or 9, respectively, it's tempting to assume that the same applies to 81. That is a number is divisible by 81 iff the sum of its digits is divisible by 81.

If a defendant is not served within 90 days after the complaint is filed, and if the party required to serve the defendant cannot show good cause why service was not made within that period, the court—on its own with notice to that party or on a motion—must dismiss the action as to that defendant without prejudice.