Beware Rule 1103

There is an interesting conflict between the Rules of Civil Procedure and the Mississippi Rules of Evidence that is often overlooked.  Rule 1103 of the Mississippi Rules of Evidence provides that "All evidentiary rules, whether provided by statute, court decision or court rule, which are inconsistent with the Mississippi Rules of Evidence are hereby repealed.”  This creates a situation where if there is any conflict with the Rules of Civil Procedure in the Rules of Evidence, the Rules of Evidence win.  This is particularly important with regard to depositions particularly of doctors as Rule 32 of the Mississippi Rules of Civil Procedure seems to conflict with Rule 804 of the Rules of Evidence as there is no "doctor exception" on unavailability.  Lots of times parties can work out an agreement on this issue but document it heavily if you do and beware.