An attachment for a witness may be in the following form, viz.:
"The State of Mississippi. "To any lawful officer of County: "We command you to take the body of , and have him before the undersigned justice of the peace of County, at , on the day of , A. D. at o'clock , to testify for the in the case of against , No. . (But if the said shall furnish bail, with sureties, to be approved by you, in the sum of one hundred dollars, for his appearance at said time and place, you will discharge him.) And have there then this writ. "Witness my hand, the day of , A. D. "
Click to view
The part in brackets should be omitted, if it be not intended that the witness shall be discharged on bail, but shall be brought before the court by the officer. An attachment and scire facias for a defaulting witness may be combined in one writ, and when the witness is before the justice of the peace in pursuance of such process, the judgment nisi shall be made final, if good cause to the contrary be not shown.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 9 - Practice and Procedure in County Courts and Justice Courts
§ 11-9-103. If two or more defendants, where brought
§ 11-9-105. How suit begun in civil cases
§ 11-9-107. Service of process by sheriff or constable
§ 11-9-109. Person appointed to execute process
§ 11-9-111. Property and process delivered to office
§ 11-9-113. Process returned by sheriff or constable
§ 11-9-115. Witnesses to be subpoenaed
§ 11-9-117. Form of entry on default of witness
§ 11-9-119. Form of scire facias for witness
§ 11-9-121. Form of an attachment for a witness
§ 11-9-123. Form of entry of judgment in such case
§ 11-9-125. Setoff filed on return day before trial
§ 11-9-127. Trial and judgment; execution
§ 11-9-129. Judgment operates as a lien if enrolled
§ 11-9-131. Execution not to be issued within ten days
§ 11-9-133. Form of an execution
§ 11-9-135. Proceedings in replevin, attachment, liens
§ 11-9-137. Judgment on merits res adjudicata
§ 11-9-139. Execution of judgment may be stayed