Miss. S. Court amends MRE 802 and 804 and UCCCP 4.02

The Court tweaks a few rules.

RULE 802. HEARSAY RULE

Hearsay is not admissible except as provided by law. The words “as provided by law” include other rules prescribed by the Mississippi Supreme Court. . . .

(note: the underlined sentence has been added)

RULE 804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE

Comment (a) In defining unavailability, the rule lists six situations in which unavailability exists: . . . (5) Absence of the witness from the hearing accompanied by an inability of the proponent of the evidence to compel the witness’s presence is within the definition of unavailability. Nothing in Rule 804, however, affects the admissibility of depositions otherwise admissible under M.R.C.P. 32.

(note: the court strikes the “(a)(3)(B)” appended to M.R.C.P. 32.  I can’t figure out how to so a strike through in this format)

The Order is here

Rule 4.02 COST DEPOSIT.

A cost deposit shall be made with the clerk of court at the time of the filing of the complaint in the amount set forth under section 25-7-13 of the Mississippi Code.

(note: the rule had previously stated that the amount was  $75.00.

The Order is here

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