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Miss. R. Evid. 802

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Rule 802 The Rule Against Hearsay

Article VIII: Hearsay

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Rule Text

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

Amendment history: Amended December 1, 2015; 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.

Hearsay means a statement someone made outside of court that is later brought up in court to prove something is true. This rule says that hearsay generally cannot be used as evidence in a trial.

There are some exceptions, though. Other court rules set up specific situations where hearsay can be allowed in. So if a statement fits one of those exceptions, a judge may let it in even though it's technically hearsay.

For people involved in a case, this matters because it limits what kind of statements can be used to prove facts. If a witness tries to testify about something another person said outside of court, the other side can object and ask the judge to keep that statement out, unless it falls under one of the recognized exceptions.

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 December 1, 2015, Rule 802 was amended to clarify that “as provided by law” includes other rules prescribed by the Supreme Court.

Advisory Committee Note

The language of Rule 802 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. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Rule 802 is a statement of existing common law.

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