Witness’s Bias

Evidence of a witness’s bias, prejudice, or interest – for or against any party – is admissible to attack the witness’s credibility. [Restyled effective July 1, 2016.] 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 1, 1989, the Court adopted Rule 616. 536-538 So. 2d XXXII (West Miss. Cas. 1989). Advisory Committee Note The language of Rule 616 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. The common law permitted inquiry into a witness’s bias, prejudice, or interest in a case for credibility purposes. See Ellis & Williams, Mississippi Evidence, § 4-4. The Mississippi Rules of Evidence did not originally include a rule permitting examination of a witness’s bias, prejudice, or interest. Despite a similar omission in the Federal Rules of Evidence, the United States Supreme Court reaffirmed the common law use of impeachment by bias, prejudice, or interest in United States v. Abel, 469 U.S. 45, 105 S. Ct. 465, 83 L. Ed. 2d 450 (1984). MRE 616 codifies this longstanding principle in Mississippi as well as the holding in United States v. Abel. MRE 616 tracks the language of Uniform Rule of Evidence 616. [“Advisory Committee Note” substituted for “Comment,” effective June 16, 2016; amended July 1, 2016, to note restyling.]