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Miss. R. Evid. 501

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Rule 501 Privileges Established by Constitution or Rule Only

Article V: Privileges

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Rule Text

Unless the federal or state constitution or these or other applicable rules provide otherwise, no person has a privilege to:

• refuse to be a witness; • refuse to disclose any matter;

• refuse to produce an object or writing; or

• prevent another from being a witness, disclosing any matter, or producing an object or writing.

[Restyled effective July 1, 2016.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Privileges let a person keep certain information private, even in court. Common examples are the right against self-incrimination, attorney-client privilege, or doctor-patient privilege. This rule explains where those rights come from.

The rule says a privilege only exists if it comes from the U.S. Constitution, the Mississippi Constitution, or another official rule or law. A person cannot make up their own reason to stay silent, withhold documents, or block someone else from testifying. If there is no specific constitutional provision or rule backing up the claim, the privilege does not exist.

For people involved in a case, this means you cannot refuse to answer questions or hand over evidence just because you want to keep it private. You need a real legal basis, like the right against self-incrimination or a recognized privilege like attorney-client communications. Courts will check whether an actual rule or constitutional right supports the claim before allowing someone to withhold information.

Committee Notes

Advisory Committee Historical Note

Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules.

Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.”

Effective March 20, 1995, the Advisory Committee Note to Rule 501 was amended to delete the second paragraph. 648-651 So.2d XXVI (West Miss. Cas. 1995).

Advisory Committee Note

The language of Rule 501 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. The Rule has been restructured, converting numbered paragraphs to a list of bullet points. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Rules 501 through 505 are largely modeled on the draft version of the Federal Rules of Evidence which was originally approved by the United States Supreme Court. Before enacting the Federal Rules of Evidence, Congress deleted the rules concerning privilege on the ground that the rules invaded an area of state law. The federal courts, however, often refer to these deleted rules, which are now labeled Federal Standards. Although they have no binding effect on the federal courts, they do serve as guidelines.

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

← Previous Rule 412: Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition Next → Rule 502: Lawyer-Client Privilege