Opinion
No. 89-R-99002-SCT
06-13-2016
IN RE: MISSISSIPPI RULES OF EVIDENCE
Serial: 205727 ORDER
This matter is now before the en banc Court on the Court's own motion.
When the Court adopted the Mississippi Rules of Evidence effective January 1, 1986, it also adopted the comments appended to each rule as the "Official Comments of the Court." Those comments were to serve as "authoritative guides" for interpreting the Mississippi Rules of Evidence.
After due consideration, we find that the comments should not represent the "Official Comments of the Court" or serve as "authoritative guides" for interpreting the Mississippi Rules of Evidence. Instead, we find that the comments should be renamed Advisory Committee Notes and represent commentary from the Advisory Committee on Rules, whose members represent the bench, bar, and the law schools of this state.
The Advisory Committee has agreed, for now, to adopt the current comments as its Advisory Committee Notes. In due time, the Advisory Committee will draft and submit new, revised notes for publication.
IT IS THEREFORE ORDERED that the title "Advisory Committee Note" must be substituted for the title "Comment" for each comment to the Mississippi Rules of Evidence.
IT IS FURTHER ORDERED that the Advisory Committee Notes represent commentary from the Advisory Committee and are neither the "Official Comments of the Court" nor "authoritative guides" for interpreting the Mississippi Rules of Evidence.
IT IS FURTHER ORDERED that this order is effective upon the date of entry.
SO ORDERED, this the 13th day of June, 2016.
/s/ Michael K. Randolph
MICHAEL K. RANDOLPH,
PRESIDING JUSTICE
FOR THE COURT ALL JUSTICES AGREE.