MS · rules
Miss. R. Crim. P. 13.4
Recalcitrant Witnesses; Contempt
(a) Recalcitrant Witnesses. When a witness under examination before the
grand jury refuses to testify, to answer a question or to give evidence, the
foreperson and/or the district attorney shall present to the court the question or
evidence requested and the refusal of the witness. If, after inquiry, the court
decides that the witness is bound to testify, answer, or give the evidence, the
court shall so inform the witness. If the witness persists in refusing to testify,
answer the question, or give evidence, the court shall proceed with the witness
as in cases of similar refusal in other judicial proceedings.
(b) Request for Contempt Proceedings. The foreperson and/or the district
attorney may request the court to initiate a contempt proceeding against any
person whose conduct violates these Rules or disrupts the grand jury
proceedings.
History
Comment: Rule 13.4(a) is derived from former Rule 7.05 of the Uniform Rules of Circuit and County Court. Rule 13.4(b) authorizes the foreperson and/or the district attorney to request the court to employ its enforcement powers to secure compliance with these Rules through a contempt proceeding under Rule 32.3.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
eae43a3d40a5042925fc5a6e8c818847a3d3d565101b8b5baefae8bc960b45f4
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