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Miss. R. Evid. 103

Rulings on Evidence

activein force · 2016-07-01 – presentact-effective-date

(a) Preserving a Claim of Error. A party may claim error in a ruling to admit or

exclude evidence only if the error affects a substantial right of the party and:

(1) if the ruling admits evidence, a party, on the record:

(A) timely objects or moves to strike; and

(B) states the specific ground, unless it was apparent from the context; or

(2) if the ruling excludes evidence, a party informs the court of its substance by

an offer of proof, unless the substance was apparent from the context.

(b) Continuing Objection. The court may allow a continuing objection to

evidence of the same or similar nature or subject to the same or similar objection.

(c) Definitive Rulings.

Once the court rules definitively on the record either before or at trial:

(1) a party need not renew an objection or offer of proof to preserve a claim

of error for appeal;

(2) an objecting party does not waive or forfeit a claim of error by offering

evidence of a conviction the court held admissible; and

(3) a party preserves a claim of error in a ruling to admit or exclude

evidence only if each condition of the ruling is fulfilled at trial.

(d) Court’s Statement About the Ruling; Directing an Offer of Proof. The

court may make any statement about the character or form of the evidence, the

objection made, and the ruling. The court may direct that an offer of proof be

made in question-and-answer form.

(e) Preventing the Jury from Hearing Inadmissible Evidence. To the extent

practicable, the court must conduct a jury trial so that inadmissible evidence is not

suggested to the jury by any means.

(f) Taking Notice of Plain Error. A court may take notice of a plain error

affecting a substantial right, even if the claim of error was not properly preserved.

History

[Restyled effective July 1, 2016.]

Provenance

Source
courts.ms.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
d71767e1dc5ce824fd3d436270798a45972ab0b4e7850629e0e1cc1c05da5782
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