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IN THE SUPREME COURT OF MISSISSIPPI
NO. 89-R -99002 SCT
IN RE: MISSISSIPPI RULES OF EVIDENCE
ORDER
This matter has come before the Court, en banc, upon the Court's on motion for the deletion of Rule
601(b) of the Mississippi Rules of Evidence, and upon consideration of a proposed amendment to the
comment to Rule 601 suggested by the Mississippi Supreme Court Rules Advisory Committee.
Having considered the matter, the Court finds that such amendment to Rule 601 and the comment
thereto will promote the fair and efficient administration of justice and that is should be adopted.
NOW, THEREFORE, IT IS ORDERED that Rule 601 of the Mississippi Rules of Evidence be and
the same is hereby amended by deleting Rule 601(b), and the existing Rule 601(c) be and the same is
now designated Rule 601(b).
IT IS FURTHER ORDERED that the Advisory Committee Comment and the historical notes to Rule
601 be and the same is hereby amended to read as follows:
Advisory Committee Historical Note
Effective January 31, 1990, Rule 601 was amended to reflect the decision in Hudspeth v. State
Highway Com'n of Mississippi, 534 So. 2d 210 (Miss. 1990). The rule was amended by the
decision in Fuselier v. State, 702 So. 2d 388, decided Oct. 1997.
Comment
This rule sets out the special provisions which render certain persons incompetent to testify. As
originally written, Rule 601 excepted two classes from competency, spouses pursuant to MCA
§ 13-1-5 and persons convicted of perjury or subornation of perjury pursuant to MCA § 13-111. Rule 601 was subsequently amended in 1990 to delete statutory references. Subsection (a)
retains the substance of superceded M.C.A. § 13-1-5. Former Ssubsection (b) retained the
substance of superceded M.C.A. § 13-1-11 as it pertained to persons convicted of perjury or
subornation of perjury. In Fuselier v. State, 702 So. 2d 388, decided Oct. 23, 1997 the
Mississippi Supreme Court amended the rule by abandoning the perjurer's incompetency rule,
striking that subsection from the rule. A witness previously convicted of perjury or subornation
of perjury is now competent as a witness and the fact of such a prior conviction will be available
for impeachment of the witness under Rule 609(a)(2). Former subsection (c), now, subsection
(b) reflects the substance of a prior amendment to Rule 601 made by the Mississippi Supreme
Court in Hudspeth v. State Highway Commission of Mississippi, 534 So. 2d 210 (Miss. 1988).
The Hudspeth amendment excepted from competency court appointed experts in eminent
domain proceedings. The Hudspeth amendment, which was made retroactive to January 1,
1986, specifically referred to the provisions of then existing M.C.A. § 11-27-89. Subsection (c)
(b) reflects the substance of the Hudspeth amendment but deletes any statutory references.
[Comment amended January 31, 1990; March 20, 1995, July 1, 1998.]
IT IS FURTHER ORDERED that such amendments shall be effective on July 1, 1998.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes of
the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for
publication as soon as practical in the advance sheets of Southern Reporter, Second Series
(Mississippi Edition) and in the next edition of Mississippi Rules of Court.
SO ORDERED, this, the __________ day of April, 1998.
______________________________________
FRED L. BANKS, JR., JUSTICE,
FOR THE COURT
SULLIVAN, P.J. WOULD DENY.
PITTMAN, P.J. NOT PARTICIPATING
IN THE SUPREME COURT OF MISSISSIPPI
NO. 89-R -99002 SCT
IN RE: MISSISSIPPI RULES OF EVIDENCE
ORDER
This matter has come before the Court, en banc, on the Court's own motion for consideration of an
amendment to the Comment to Rule 901(b)(6) of the Mississippi Rules of Evidence. It has been
suggested to the Court that the reference in the Comment to Acosta v. State, 222 Miss. 426, 76 So.
2d 211 (1954) incorrectly characterizes the holding in that case, and the Court having considered the
matter finds that the reference to that case should be deleted.
IT IS THEREFORE ORDERED that the Comment to Rule 901(b)(6) of the Mississippi Rules of
Evidence be and the same is hereby amended by deleting from such Comment the following
language:
This practice has been approved by the Mississippi court. See Acosta v. State, 222 Miss. 426,
76 So. 2d 211 (1954).
IT IS FURTHER ORDERED that such amendments shall be effective on July 1, 1998.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon the minutes of
the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for
publication as soon as practical in the advance sheets of Southern Reporter, Second Series
(Mississippi Edition) and in the next edition of Mississippi Rules of Court.
SO ORDERED, this, the __________ day of May, 1998.
______________________________________
WILLIAM L. WALLER, JR., JUSTICE,
FOR THE COURT
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