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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Mississippi held constitutional conventions in 1851 and 1861 about secession. [2] A few months before the start of the American Civil War in April 1861, Mississippi, a slave state located in the Southern United States, declared that it had seceded from the United States and joined the newly formed Confederacy, and it subsequently lost its representation in the U.S. Congress.
Appeals from cases brought in the Southern District of Mississippi are taken to the United States Court of Appeals for the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory. It is possible for either venue or personal jurisdiction to preclude a court from hearing a case. Consider these examples:
The Federal Rules of Civil Procedure provides that upon filing of a complaint the clerk of the court must forthwith issue a summons and deliver the summons to the plaintiff or the plaintiff's attorney who is responsible for the prompt service of the summons and a copy of the complaint. (FRCP 4) The Federal Rule is not concerned with the ...
The "Rule of Four" has been explained by various Justices in judicial opinions throughout the years. [2] For example, Justice Felix Frankfurter described the rule as follows: "The 'rule of four' is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the ...
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In the Family Court of Western Australia, an online form exists to commence such proceedings which can be downloaded, completed and filed. [1]In the Supreme Court of Western Australia, [2] either an originating summons (Form No.75 as is an ex-parte application) or originating motion (Form No.64) must be filed specifying the alleged contempt, and personally served on the alleged contemptor ...