Miss. R. Evid. 1101

As amended through October 31, 2024

Rule 1101 - Applicability of the Rules

(a)To Courts and Proceedings. These rules apply to all cases and proceedings in Mississippi courts, except as provided in subdivision (b).

(b)Exceptions. These rules - except for those on privilege - do not apply to the following:

(1) the court's determination, under Rule 104(a), on a preliminary question of fact governing admissibility;

(2) grand-jury proceedings;

(3) contempt proceedings in which the court may act summarily; and

(4) these miscellaneous proceedings:

· extradition or rendition;

· issuing an arrest warrant, criminal summons, or search warrant;

· probable cause hearings in criminal cases and youth court cases;

· sentencing;

· disposition hearings;

· granting or revoking probation; and

· considering whether to release on bail or otherwise.

Miss. R. Evid. 1101

Restyled eff. 7/1/2016.

Advisory Committee Note

The language of Rule 1101 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. Rule 1101(b) has been restructured slightly, reordering paragraphs (3) and (4). These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Subsection (a) provides for the applicability of the rules in all actions in courts in the state with enumerated exceptions which are set forth in Subsection (b).

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

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