In re Miss. Rules Evidence
| Decision Date | 16 June 2016 |
| Docket Number | No. 89-R-99002-SCT,89-R-99002-SCT |
| Parties | IN RE: MISSISSIPPI RULES OF EVIDENCE |
| Court | Mississippi Supreme Court |
Serial: 206395
Now before the en banc Court is the Motion to Restyle the Mississippi Rules of Evidence filed by the Advisory Committee on Rules. A letter motion filed by the Committee is also before us.
In 2011, the Supreme Court of the United States approved amendments to restyle the Federal Rules of Evidence. The purpose of the restyle was to make the rules clearer and easier to use, without changing substantive meaning. The restyled Federal Rules of Evidence became effective December 1, 2011.
In late 2012, the Committee began restyling the Mississippi Rules of Evidence consistent with the restyled Federal Rules of Evidence. The Committee completed the restyling in early 2016, and on May 19, 2016, it moved the Court to adopt its proposed restyled Mississippi Rules of Evidence. The Court expresses its sincere appreciation for the Committee's commitment, diligence, and hard work.
The Committee's Motion to Restyle the Mississippi Rules of Evidence was published for comment on May 23, 2016. Rule 27(f) of the Mississippi Rules of Appellate Procedure prohibits this Court from taking any action on a proposal for 30 days once the proposal has been published for comment. After due consideration, we find that that prohibition should be suspended. M.R.A.P. 2(c).
Having carefully considered the motion and its attachments, we find that the Committee's restyled Mississippi Rules of Evidence will benefit the bench and bar, and promote the fair and efficient administration of justice. We thus find that the restyled rules should be adopted with the following revisions.
First, on June 16, 2016, the Court entered an order substituting the title "Advisory Committee Note" for the title "Comment" for each comment to the Mississippi Rules of Evidence. As a result, we find that the restyled Mississippi Rules of Evidence should incorporate that change.
Second, on May 26, 2016—after the Committee had filed its Motion to Restyle the Mississippi Rules of Evidence—the Court entered an order amending Rule 103 of the Mississippi Rules of Evidence. As a result, the Committee has filed a letter motion to amend its restyling of Rule 103 to incorporate the May 26 amendment and to enlarge the accompanying Advisory Committee Note. We find that the letter motion should be granted.
IT IS THEREFORE ORDERED that the Advisory Committee on Rules' Motion to Restyle the Mississippi Rules of Evidence and letter motion are granted. Effective July 1, 2016, the Mississippi Rules of Evidence will be restyled as set forth in Exhibit A.
IT IS FURTHER ORDERED that the Clerk of this Court must spread this order upon the minutes of the Court and must forward a certified copy to West Publishing Company forpublication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court.
SO ORDERED, this the 16th day of June, 2016.
/s/ Josiah Dennis Coleman
RANDOLPH, P.J., NOT PARTICIPATING.
Exhibit A
Order Adopting the Mississippi Rules of Evidence
ORDER ADOPTING THE
Effective January 1, 1986
SUPREME COURT OF MISSISSIPPI
On May 15, 1985, this Court entered an Order effecting preliminary actions with regard to the adoption of The Mississippi Rules of Evidence. That Order was published in the Southern Reporter, Mississippi Edition, on June 6, 1985, and provided for a ninety (90) day period of time within which interested persons could submit to the Court and to the Advisory Committee on Rules views with respect to The Mississippi Rules of Evidence, or any of them. That ninety (90) day period of time has now elapsed, and the Court has received from a number of interested persons written suggestions as well as other less formal suggestions.
(a) That the Mississippi Rules of Evidence in the form attached hereto shall be, and the same hereby are adopted as rules of evidence governing proceedings in the courts of the State of Mississippi to the extent and with the exceptions provided in said rules;
(b) that the comments appended to each rule in The Mississippi Rules of Evidence shall be, and they hereby are, adopted as the Official Comments of the Court and these Comments shall be used by all courts as authoritative guides to the interpretation of these Rules;
(c) that The Mississippi Rules of Evidence shall govern all proceedings in any action had on or after January 1, 1986;
(d) that the Clerk of this Court shall be, and [s]he hereby is, authorized and directed to spread this order at large on the minutes of the Court and to forward a certified copy of this order and the rules attached hereto to West Publishing Company for publication as soon as is reasonably practicable in a forthcomingedition of the advance sheets of the Southern Reporter, Mississippi cases, the official reporter of decisions of this Court;
(e) that the Advisory Committee on Rules and each member thereof shall be, and they hereby are, commended for their outstanding, competent and diligent work in preparing and submitting to the Court The Mississippi Rules of Evidence together with the official comments thereto;
(f) that the Court expresses its appreciation to the Mississippi State Bar and the Mississippi Trial Lawyers Association and the members of each such organization for having filed with the Court petitions for the adoption of proposed Rules of Evidence and their having furnished to the Court insightful comments and critique and other assistance in the development of The Mississippi Rules of Evidence.
ORDERED this 24th day of September, 1985.
FOR THE COURT
Neville Patterson
Chief Justice
ARTICLE I. GENERAL PROVISIONS
(a) Scope. These rules apply to proceedings in Mississippi...
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