In Re: Miss. R. of Evid.


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Docket Number: 89-R-99002-SCT
Linked Case(s): 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT ; 89-R-99002-SCT

Supreme Court: Opinion Link
Opinion Date: 05-26-2016
Opinion Author: Dickinson, P.J.
Holding: The Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Advisory Committee on Rules is granted. Rule 103 of the Mississippi Rules of Evidence is amended as set forth in Exhibit A.


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Summary of the Facts: Rule 103(a) of the Mississippi Rules of Evidence is amended to add: “(3) Effects of Definitive Rulings. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal. Moreover, a party who objects to evidence of a prior conviction the court finds admissible in a definitive ruling does not waive or forfeit a claim of error by offering the evidence. But if under the court’s ruling there is a condition precedent to admission or exclusion, such as the introduction of certain testimony or the pursuit of a certain claim or defense, no claim of error may be predicated upon the ruling unless the condition precedent is satisfied.”



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