Miss. R. Evid. 505

As amended through March 21, 2024

Rule 505 - Communications to Clergy

(a) Definitions. In this rule:

(1) "Clergy member" means a minister, priest, rabbi, or other similar functionary of a church, religious organization, or religious denomination.

(2) A communication is "confidential" when:

(A) made privately, and

(B) not intended to be disclosed except to further the purpose of the communication.

(b) General Rule of Privilege. A person has a privilege to refuse to disclose - and to prevent others from disclosing - a confidential communication made by the person to a clergy member as spiritual adviser.

(c) Who May Claim the Privilege.

(1) The privilege may be claimed by:

(A) the person who made the communication;

(B) the person's guardian or conservator; or

(C) a deceased person's personal representative.

(2) Unless the privilege is waived, the clergy member must claim it on the person's behalf. (d)

(d)Clerical Staff. A clergy member's secretary, stenographer, or clerk must not be examined about any fact learned in that capacity without the clergy member's consent.

Miss. R. Evid. 505

Restyled eff. 7/1/2016.

Advisory Committee Note

The language of Rule 505 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Rule 505 is a restatement of M.C.A. 13-1-22. The definition of a "clergyman" is broad but workable. It is fair to say that the term refers to clergy who are regularly engaged in activities of established denominations. It is not broad enough to include all sorts of "self-denominated ministers."

Rule 505, like M.C.A. 13-1-22, cloaks the clergyman's secretary, stenographer, or clerk with the privilege should they, in their professional capacities, learn of the communication. The clergyman must consent before his employee may testify about the communication, but it would seem that his consent is meaningless if the penitent has not already waived the privilege.

["Advisory Committee Note" substituted for "Comment," effective June 16, 2016; amended July 1, 2016, to note restyling.]

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