Mississippi Car Accident – Police Reports
April 5th, 2011Mississippi Car Accident – Police Report Problems?
by Jay Foster, Mississippi Car Accident Lawyer
Mississippi car accidents are investigated by the local police department, the sheriff, or the highway patrol. The question often comes up as to whether the police report may be admitted into evidence at a trial. First, please understand that a police report is considered under the Mississippi Rules of Evidence as hearsay. Thus, there must be what is called an “exception” to the hearsay rule in order for it to be admitted into evidence. The Judge determines what is admitted into evidence. As a result, you must be able to show the Judge why the police report should be admitted into evidence. If you can’t, then it is unlikely the Judge will allow it.
In other words, if you are in a car accident in Mississippi and hire an attorney who files a lawsuit on your behalf, do you want the police report in evidence so that the jury can see it? Obviously, if the police report is in your favor, then you definitely want it in evidence. It is vital that the jury see the police report since it will contain information that is helpful to your case. If it is not admitted into evidence by the Judge, then the jury will be unable to see it. In fact, you will be unable to discuss the police report at all at the trial. In other words, neither you nor any of your witnesses could testify about it.
One of the ways to admit a police report into evidence is to use an exception to the hearsay rule. Exceptions to the hearsay rule fall under Mississippi Rule Of Evidence 803 which discusses hearsay and the exceptions to it. In particular, Mississippi Rule 803(6) provides an exception to get the police report admitted into evidence. Rule 803(6) is known as the business records exception to the hearsay rule. This is just one way to get the police report into evidence in Mississippi.
