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IN THE SUPREME COURT OF MISSISSIPPI

NO. 89-R -99002 SCT

IN RE: MISSISSIPPI RULES OF EVIDENCE

ORDER This matter has come before the Court, en banc, upon the Court's on motion for the deletion of Rule 601(b) of the Mississippi Rules of Evidence, and upon consideration of a proposed amendment to the comment to Rule 601 suggested by the Mississippi Supreme Court Rules Advisory Committee. Having considered the matter, the Court finds that such amendment to Rule 601 and the comment thereto will promote the fair and efficient administration of justice and that is should be adopted. NOW, THEREFORE, IT IS ORDERED that Rule 601 of the Mississippi Rules of Evidence be and the same is hereby amended by deleting Rule 601(b), and the existing Rule 601(c) be and the same is now designated Rule 601(b). IT IS FURTHER ORDERED that the Advisory Committee Comment and the historical notes to Rule 601 be and the same is hereby amended to read as follows: Advisory Committee Historical Note Effective January 31, 1990, Rule 601 was amended to reflect the decision in Hudspeth v. State Highway Com'n of Mississippi , 534 So. 2d 210 (Miss. 1990). The rule was amended by the decision in Fuselier v. State, 702 So. 2d 388, decided Oct. 1997.

Comment This rule sets out the special provisions which render certain persons incompetent to testify. As originally written, Rule 601 excepted two classes from competency, spouses pursuant to MCA

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