43-21-507 - Time of service. - Mississippi Statutes

§ 43-21-507. Time of service.
 

(1)  Summons shall be served not less than three (3) days before the date set for the adjudicatory hearing of proceedings concerning the child. 

(2)  A party other than the child may waive service of summons on himself by written stipulation or by voluntary appearance at the hearing and in the case of written stipulation or voluntary appearance, the youth court may, in its discretion, proceed to a hearing regardless of the date set for the hearing if all other parties are properly before the youth court. At the time of the waiver, a copy of the petition shall be given to the party. 

(3)  If a child is served with process, the child may waive the three (3) days' time before the hearing, and the youth court may, in its discretion, proceed to a hearing regardless of the date set for the hearing if all other parties are properly before the youth court and the youth court finds all of the following: 

(a) the child fully understands his rights and fully understands the potential consequences of the hearing; 

(b) the child voluntarily, intelligently, and knowingly waives his rights to three (3) days' time before the hearing; 

(c) the child is effectively represented by counsel; and 

(d) the child has had in fact sufficient time to prepare. 
 

Sources: Laws,  1979, ch. 506, § 56, eff from and after July 1, 1979.