MS SB2133

Clarifies summons form in justice court to include a copy of the sworn declaration and specifies summons must name the court and parties, be directed to the defendant, state the plaintiff's attorney or plaintiff's name and address, state the appearance deadline, warn of default judgment consequences, be signed by the clerk, and bear the court seal.

Allows any constable in the county to serve process without regard to district or beat boundaries, and permits the clerk to issue an alias summons to the sheriff, plaintiff, or any other non-party adult when constable fails to serve within 10 working days.

Establishes that the server's return is prima facie proof of service and requires a sworn affidavit when service is by mail or posting; allows service costs and certified mail postage to be taxed as recoverable costs in the action.

Revises service modes in justice court to permit personal service, service at defendant's usual place of abode with a family member age 16 or older, or posting at the abode and courthouse, with subsequent mailing of copies required for the latter two methods.

Defines when service of process is complete based on the method used: actual service by return date, first-class mail by tenth day after mailing, certified mail by delivery date, or upon waiver of service.