Michigan Rules of Evidence

RULES 101-106
Rule 101  Scope
These rules govern proceedings in the courts of this state to the extent and with 
the exceptions stated in Rule 1101. A statutory rule of evidence not in conflict with 
these rules or other rules adopted by the Supreme Court is effective until 
superseded by rule or decision of the Supreme Court.

Rule 102  Purpose
These rules are intended to secure fairness in administration, elimination of 
unjustifiable expense and delay, and promotion of growth and development of the 
law of evidence to the end that the truth may be ascertained and proceedings justly 
determined.

Rule 103  Rulings on Evidence
(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which 
admits or excludes evidence unless a substantial right of the party is affected, and 
(1) Objection. In case the ruling is one admitting evidence, a timely objection 
or motion to strike appears of record, stating the specific ground of objection, if 
the specific ground was not apparent from the context; or
(2) Offer of proof. In case the ruling is one excluding evidence, the substance of 
the evidence was made known to the court by offer or was apparent from the 
context within which questions were asked.
Once the court makes a definitive ruling on the record admitting or excluding 
evidence, either at or before trial, a party need not renew an objection or offer 
of proof to preserve a claim of error for appeal.
(b) Record of offer and ruling. The court may add any other or further statement 
which shows the character of the evidence, the form in which it was offered, the 
objection made, and the ruling thereon. It may direct the making of an offer in 
question and answer form.
(c) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent 
practicable, so as to prevent inadmissible evidence from being suggested to the 
jury by any means, such as making statements or offers of proof or asking 
questions in the hearing of the jury.
(d) Plain error. Nothing in this rule precludes taking notice of plain errors affecting 
substantial rights although they were not brought to the attention of the court.

Rule 104  Preliminary Questions
(a) Questions of admissibility generally. Preliminary questions concerning the 
qualification of a person to be a witness, the existence of a privilege, or the 
admissibility of evidence shall be determined by the court, subject to the provisions 
of subdivision (b). In making its determination it is not bound by the Rules of 
Evidence except those with respect to privileges.
(b) Relevancy conditioned on fact. When the relevancy of evidence depends upon 
the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the 
introduction of evidence sufficient to support a finding of the fulfillment of the 
condition.
(c) Hearing of jury. Hearings on the admissibility of confessions shall in all cases be 
conducted out of the hearing of the jury. Hearings on other preliminary matters 
shall be so conducted when the interests of justice require, or when an accused is a 
witness, and so requests.
(d) Testimony by accused. The accused does not, by testifying upon a preliminary 
matter, become subject to cross-examination as to other issues in the case.
(e) Weight and credibility. This rule does not limit the right of a party to introduce 
before the jury evidence relevant to weight or credibility.
Rule 105  Limited Admissibility
When evidence which is admissible as to one party or for one purpose but not 
admissible as to another party or for another purpose is admitted, the court, upon 
request, shall restrict the evidence to its proper scope and instruct the jury 
accordingly.

Rule 106  Remainder of or Related Writings or Recorded Statements
When a writing or recorded statement or part thereof is introduced by a party, an 
adverse party may require the introduction at that time of any other part or any 
other writing or recorded statement which ought in fairness to be considered 
contemporaneously with it.

RULES 201-202
Rule 201  Judicial Notice of Adjudicative Facts
(a) Scope of rule. This rule governs only judicial notice of adjudicative facts, and 
does not preclude judicial notice of legislative facts.
(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable 
dispute in that it is either (1) generally known within the territorial jurisdiction of 
the trial court or (2) capable of accurate and ready determination by resort to 
sources whose accuracy cannot reasonably be questioned.
(c) When discretionary. A court may take judicial notice, whether requested or not, 
and may require a party to supply necessary information.
(d) Opportunity to be heard. A party is entitled upon timely request to an 
opportunity to be heard as to the propriety of taking judicial notice and the tenor of 
the matter noticed. In the absence of prior notification, the request may be made 
after judicial notice has been taken.
(e) Time of taking notice. Judicial notice may be taken at any stage of the 
proceeding.
(f) Instructing jury. In a civil action or proceeding, the court shall instruct the jury 
to accept as conclusive any fact judicially noticed. In a criminal case, the court shall 
instruct the jury that it may, but is not required to, accept as conclusive any fact 
judicially noticed.
Rule 202  Judicial Notice of Law
(a) When discretionary. A court may take judicial notice without request by a party 
of (1) the common law, constitutions, and public statutes in force in every state, 
territory, and jurisdiction of the United States; (2) private acts and resolutions of 
the Congress of the United States and of the Legislature of Michigan, and 
ordinances and regulations of governmental subdivisions or agencies of Michigan; 
and (3) the laws of foreign countries.
(b) When conditionally mandatory. A court shall take judicial notice of each matter 
specified in paragraph (a) of this rule if a party requests it and (1) furnishes the 
court sufficient information to enable it properly to comply with the request and (2) 
has given each adverse party such notice as the court may require to enable the 
adverse party to prepare to meet the request.

RULES 301-302
Rule 301  Presumptions in Civil Actions and Proceedings
In all civil actions and proceedings not otherwise provided for by statute or by these 
rules, a presumption imposes on the party against whom it is directed the burden 
of going forward with evidence to rebut or meet the presumption, but does not shift 
to such party the burden of proof in the sense of the risk of nonpersuasion, which 
remains throughout the trial upon the party on whom it was originally cast.
Rule 302  Presumptions in Criminal Cases
(a) Scope. In criminal cases, presumptions against an accused, recognized at 
common law or created by statute, including statutory provisions that certain facts 
are prima facie evidence of other facts or of guilt, are governed by this rule.
(b) Instructing the jury. Whenever the existence of a presumed fact against an 
accused is submitted to the jury, the court shall instruct the jury that it may, but 
need not, infer the existence of the presumed fact from the basic facts and that the
prosecution still bears the burden of proof beyond a reasonable doubt of all the 
elements of the offense.

RULES 401-411
Rule 401  Definition of "Relevant Evidence"
"Relevant evidence" means evidence having any tendency to make the existence of 
any fact that is of consequence to the determination of the action more probable or 
less probable than it would be without the evidence.
Rule 402  Relevant Evidence Generally Admissible; Irrelevant Evidence 
Inadmissible
All relevant evidence is admissible, except as otherwise provided by the 
Constitution of the United States, the Constitution of the State of Michigan, these 
rules, or other rules adopted by the Supreme Court. Evidence which is not relevant 
is not admissible.
Rule 403  Exclusion of Relevant Evidence on Grounds of Prejudice, 
Confusion, or Waste of Time
Although relevant, evidence may be excluded if its probative value is substantially 
outweighed by the danger of unfair prejudice, confusion of the issues, or misleading 
the jury, or by considerations of undue delay, waste of time, or needless 
presentation of cumulative evidence.
Rule 404  Character Evidence Not Admissible to Prove Conduct; Exceptions; 
Other Crimes
(a) Character evidence generally. Evidence of a person's character or a trait of 
character is not admissible for the purpose of proving action in conformity therewith 
on a particular occasion, except: 
(1) Character of accused. Evidence of a pertinent trait of character offered by 
an accused, or by the prosecution to rebut the same; or if evidence of a trait of 
character of the alleged victim of the crime is offered by the accused and 
admitted under subdivision (a)(2), evidence of a trait of character for 
aggression of the accused offered by the prosecution;
(2) Character of alleged victim of homicide. When self-defense is an issue in a 
charge of homicide, evidence of a trait of character for aggression of the alleged 
victim of the crime offered by an accused, or evidence offered by the 
prosecution to rebut the same, or evidence of a character trait of peacefulness 
of the alleged victim offered by the prosecution in a charge of homicide to rebut 
evidence that the alleged victim was the first aggressor;
(3) Character of alleged victim of sexual conduct crime. In a prosecution for 
criminal sexual conduct, evidence of the alleged victim's past sexual conduct 
with the defendant and evidence of specific instances of sexual activity showing 
the source or origin of semen, pregnancy, or disease;
(4) Character of witness. Evidence of the character of a witness, as provided in 
Rules 607, 608, and 609.
(b) Other crimes, wrongs, or acts.
(1) Evidence of other crimes, wrongs, or acts is not admissible to prove the 
character of a person in order to show action in conformity therewith. It may, 
however, be admissible for other purposes, such as proof of motive, 
opportunity, intent, preparation, scheme, plan, or system in doing an act, 
knowledge, identity, or absence of mistake or accident when the same is 
material, whether such other crimes, wrongs, or acts are contemporaneous 
with, or prior or subsequent to the conduct at issue in the case.
(2) The prosecution in a criminal case shall provide reasonable notice in 
advance of trial, or during trial if the court excuses pretrial notice on good 
cause shown, of the general nature of any such evidence it intends to introduce 
at trial and the rationale, whether or not mentioned in subparagraph (b)(1), for 
admitting the evidence. If necessary to a determination of the admissibility of 
the evidence under this rule, the defendant shall be required to state the theory 
or theories of defense, limited only by the defendant's privilege against selfincrimination.
Rule 405  Methods of Proving Character
(a) Reputation or opinion. In all cases in which evidence of character or a trait of 
character of a person is admissible, proof may be made by testimony as to 
reputation or by testimony in the form of an opinion. On cross-examination, inquiry 
is allowable into reports of relevant specific instances of conduct.
(b) Specific instances of conduct. In cases in which character or a trait of character 
of a person is an essential element of a charge, claim, or defense, proof may also 
be made of specific instances of that person's conduct.
Rule 406  Habit; Routine Practice
Evidence of the habit of a person or of the routine practice of an organization, 
whether corroborated or not and regardless of the presence of eyewitnesses, is 
relevant to prove that the conduct of the person or organization on a particular 
occasion was in conformity with the habit or routine practice.
Rule 407  Subsequent Remedial Measures
When, after an event, measures are taken which, if taken previously, would have 
made the event less likely to occur, evidence of the subsequent measures is not 
admissible to prove negligence or culpable conduct in connection with the event. 
This rule does not require the exclusion of evidence of subsequent measures when 
offered for another purpose, such as proving ownership, control, or feasibility of
precautionary measures, if controverted, or impeachment.
Rule 408  Compromise and Offers to Compromise
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or 
offering or promising to accept, a valuable consideration in compromising or
attempting to compromise a claim which was disputed as to either validity or 
amount, is not admissible to prove liability for or invalidity of the claim or its 
amount. Evidence of conduct or statements made in compromise negotiations is 
likewise not admissible. This rule does not require the exclusion of any evidence 
otherwise discoverable merely because it is presented in the course of compromise 
negotiations. This rule also does not require exclusion when the evidence is offered 
for another purpose, such as proving bias or prejudice of a witness, negativing a 
contention of undue delay, or proving an effort to obstruct a criminal investigation 
or prosecution.
Rule 409  Payment of Medical and Similar Expenses
Evidence of furnishing or offering or promising to pay medical, hospital, or similar 
expenses occasioned by an injury is not admissible to prove liability for the injury.
Rule 410  Inadmissibility of Pleas, Plea Discussions, and Related 
Statements
Except as otherwise provided in this rule, evidence of the following is not, in any 
civil or criminal proceeding, admissible against the defendant who made the plea or 
was a participant in the plea discussions:
(1) A plea of guilty which was later withdrawn;
(2) A plea of nolo contendere, except that, to the extent that evidence of a 
guilty plea would be admissible, evidence of a plea of nolo contendere to a 
criminal charge may be admitted in a civil proceeding to support a defense 
against a claim asserted by the person who entered the plea;
(3) Any statement made in the course of any proceedings under MCR 6.302 or 
comparable state or federal procedure regarding either of the foregoing pleas; 
or
(4) Any statement made in the course of plea discussions with an attorney for 
the prosecuting authority which do not result in a plea of guilty or which result 
in a plea of guilty later withdrawn.
However, such a statement is admissible (i) in any proceeding wherein another 
statement made in the course of the same plea or plea discussions has been 
introduced and the statement ought in fairness be considered contemporaneously 
with it, or (ii) in a criminal proceeding for perjury or false statement if the 
statement was made by the defendant under oath, on the record and in the 
presence of counsel.
Rule 411  Liability Insurance
Evidence that a person was or was not insured against liability is not admissible 
upon the issue whether the person acted negligently or otherwise wrongfully. This 
rule does not require the exclusion of evidence of insurance against liability when 
offered for another purpose, such as proof of agency, ownership, or control, if 
controverted, or bias or prejudice of a witness.

RULE 501
Rule 501  Privilege; General Rule
Privilege is governed by the common law, except as modified by statute or court 
rule.

RULES 601-615
Rule 601  Witnesses; General Rule of Competency
Unless the court finds after questioning a person that the person does not have 
sufficient physical or mental capacity or sense of obligation to testify truthfully and 
understandably, every person is competent to be a witness except as otherwise 
provided in these rules.
Rule 602  Lack of Personal Knowledge
A witness may not testify to a matter unless evidence is introduced sufficient to 
support a finding that the witness has personal knowledge of the matter. Evidence 
to prove personal knowledge may, but need not, consist of the witness' own 
testimony. This rule is subject to the provisions of Rule 703, relating to opinion 
testimony by expert witnesses.
Rule 603  Oath or Affirmation
Before testifying, every witness shall be required to declare that the witness will 
testify truthfully, by oath or affirmation administered in a form calculated to 
awaken the witness' conscience and impress the witness' mind with the duty to do 
so.
Rule 604  Interpreters
An interpreter is subject to the provisions of these rules relating to qualification as 
an expert and the administration of an oath or affirmation to make a true 
translation.
Rule 605  Competency of Judge as Witness
The judge presiding at the trial may not testify in that trial as a witness. No 
objection need be made in order to preserve the point.
Rule 606  Competency of Juror as Witness
A member of the jury may not testify as a witness before that jury in the trial of the 
case in which the juror is sitting. No objection need be made in order to preserve 
the point.
Rule 607  Who May Impeach
The credibility of a witness may be attacked by any party, including the party 
calling the witness.
Rule 608  Evidence of Character and Conduct of Witness
(a) Opinion and reputation evidence of character. The credibility of a witness may 
be attacked or supported by evidence in the form of opinion or reputation, but 
subject to these limitations: (1) the evidence may refer only to character for 
truthfulness or untruthfulness, and (2) evidence of truthful character is admissible 
only after the character of the witness for truthfulness has been attacked by opinion 
or reputation evidence or otherwise.
(b) Specific instances of conduct. Specific instances of the conduct of a witness, for 
the purpose of attacking or supporting the witness' credibility, other than conviction 
of crime as provided in Rule 609, may not be proved by extrinsic evidence. They 
may, however, in the discretion of the court, if probative of truthfulness or 
untruthfulness, be inquired into on cross-examination of the witness (1) concerning 
the witness' character for truthfulness or untruthfulness, or (2) concerning the 
character for truthfulness or untruthfulness of another witness as to which 
character the witness being cross-examined has testified.
The giving of testimony, whether by an accused or by any other witness, does not 
operate as a waiver of the accused's or the witness' privilege against selfincrimination when examined with respect to matters which relate only to 
credibility.
Rule 609  Impeachment by Evidence of Conviction of Crime
(a) General rule. For the purpose of attacking the credibility of a witness, evidence 
that the witness has been convicted of a crime shall not be admitted unless the
evidence has been elicited from the witness or established by public record during 
cross-examination, and 
(1) the crime contained an element of dishonesty or false statement, or
(2) the crime contained an element of theft, and
(A) the crime was punishable by imprisonment in excess of one year or 
death under the law under which the witness was convicted, and
(B) the court determines that the evidence has significant probative value 
on the issue of credibility and, if the witness is the defendant in a criminal 
trial, the court further determines that the probative value of the evidence 
outweighs its prejudicial effect.
(b) Determining probative value and prejudicial effect. For purposes of the 
probative value determination required by subrule (a)(2)(B), the court shall 
consider only the age of the conviction and the degree to which a conviction of the 
crime is indicative of veracity. If a determination of prejudicial effect is required, 
the court shall consider only the conviction's similarity to the charged offense and 
the possible effects on the decisional process if admitting the evidence causes the 
defendant to elect not to testify. The court must articulate, on the record, the 
analysis of each factor.
(c) Time limit. Evidence of a conviction under this rule is not admissible if a period 
of more than ten years has elapsed since the date of the conviction or of the 
release of the witness from the confinement imposed for that conviction, whichever 
is the later date.
(d) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a 
conviction is not admissible under this rule if (1) the conviction has been the 
subject of a pardon, annulment, certificate of rehabilitation, or other equivalent 
procedure based on a finding of the rehabilitation of the person convicted, and that 
person has not been convicted of a subsequent crime which was punishable by 
death or imprisonment in excess of one year, or (2) the conviction has been the 
subject of a pardon, annulment, or other equivalent procedure based on a finding of 
innocence.
(e) Juvenile adjudications. Evidence of juvenile adjudications is generally not 
admissible under this rule, except in subsequent cases against the same child in the 
juvenile division of a probate court. The court may, however, in a criminal case or a 
juvenile proceeding against the child allow evidence of a juvenile adjudication of a 
witness other than the accused if conviction of the offense would be admissible to 
attack the credibility of an adult and the court is satisfied that admission is 
necessary for a fair determination of the case or proceeding.
(f) Pendency of appeal. The pendency of an appeal therefrom does not render 
evidence of a conviction inadmissible. Evidence of the pendency of an appeal is 
admissible.
GRIFFIN, J., states: Because I disagree with the majority opinion in People v Allen,
[429 Mich 558 (1988)] I dissent from the adoption of this amendment of MRE 609.
Rule 610  Religious Beliefs or Opinions
Evidence of the beliefs or opinions of a witness on matters of religion is not 
admissible for the purpose of showing that by reason of their nature the witness' 
credibility is impaired or enhanced.
Rule 611  Mode and Order of Interrogation and Presentation
(a) Control by court. The court shall exercise reasonable control over the mode and 
order of interrogating witnesses and presenting evidence so as to (1) make the 
interrogation and presentation effective for the ascertainment of the truth, (2) 
avoid needless consumption of time, and (3) protect witnesses from harassment or 
undue embarrassment.
(b) Appearance of Parties and Witnesses.  The court shall exercise reasonable 
control over the appearance of parties and witnesses so as to (1) ensure that the 
demeanor of such persons may be observed and assessed by the fact-finder and 
(2) ensure the accurate identification of such persons.
(c) Scope of cross-examination. A witness may be cross-examined on any matter 
relevant to any issue in the case, including credibility. The judge may limit crossexamination with respect to matters not testified to on direct examination.
(d) Leading Questions.
(1) Leading questions should not be used on the direct examination of a witness 
except as may be necessary to develop the witness' testimony.
(2) Ordinarily leading questions should be permitted on cross-examination.
(3) When a party calls a hostile witness, an adverse party or a witness 
identified with an adverse party, interrogation may be by leading questions. It 
is not necessary to declare the intent to ask leading questions before the 
questioning begins or before the questioning moves beyond preliminary 
inquiries.
Rule 612  Writing or Object Used to Refresh Memory
(a) While testifying. If, while testifying, a witness uses a writing or object to refresh 
memory, an adverse party is entitled to have the writing or object produced at the 
trial, hearing, or deposition in which the witness is testifying.
(b) Before testifying. If, before testifying, a witness uses a writing or object to 
refresh memory for the purpose of testifying and the court in its discretion 
determines that the interests of justice so require, an adverse party is entitled to 
have the writing or object produced, if practicable, at the trial, hearing, or 
deposition in which the witness is testifying.
(c) Terms and conditions of production and use. A party entitled to have a writing 
or object produced under this rule is entitled to inspect it, to cross-examine the 
witness thereon, and to introduce in evidence, for their bearing on credibility only 
unless otherwise admissible under these rules for another purpose, those portions 
which relate to the testimony of the witness. If production of the writing or object 
at the trial, hearing, or deposition is impracticable, the court may order it made 
available for inspection. If it is claimed that the writing or object contains matters 
not related to the subject matter of the testimony the court shall examine the 
writing or object in camera, excise any portions not so related, and order delivery 
of the remainder to the party entitled thereto. Any portion withheld over objections 
shall be preserved and made available to the appellate court in the event of an 
appeal. If a writing or object is not produced, made available for inspection, or 
delivered pursuant to order under this rule, the court shall make any order justice 
requires, except that in criminal cases when the prosecution elects not to comply, 
the order shall be one striking the testimony or, if the court in its discretion 
determines that the interests of justice so require, declaring a mistrial.
Rule 613  Prior Statements of Witnesses
(a) Examining witness concerning prior statement. In examining a witness 
concerning a prior statement made by the witness, whether written or not, the 
statement need not be shown nor its contents disclosed to the witness at that time, 
but on request it shall be shown or disclosed to opposing counsel and the witness.
(b) Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence 
of a prior inconsistent statement by a witness is not admissible unless the witness 
is afforded an opportunity to explain or deny the same and the opposite party is 
afforded an opportunity to interrogate the witness thereon, or the interests of 
justice otherwise require. This provision does not apply to admissions of a partyopponent as defined in Rule 801(d)(2).
Rule 614  Calling and Interrogation of Witnesses by Court
(a) Calling by court. The court may, on its own motion or at the suggestion of a 
party, call witnesses, and all parties are entitled to cross-examine witnesses thus 
called.
(b) Interrogation by court. The court may interrogate witnesses, whether called by 
itself or by a party.
(c) Objections. Objections to the calling of witnesses by the court or to 
interrogation by it may be made at the time or at the next available opportunity
when the jury is not present.
Rule 615  Exclusion of Witnesses
At the request of a party the court may order witnesses excluded so that they 
cannot hear the testimony of other witnesses, and it may make the order of its own 
motion. This rule does not authorize exclusion of (1) a party who is a natural 
person, or (2) an officer or employee of a party which is not a natural person 
designated as its representative by its attorney, or (3) a person whose presence is 
shown by a party to be essential to the presentation of the party's cause.

RULES 701-707
Rule 701  Opinion Testimony by Lay Witnesses
If the witness is not testifying as an expert, the witness' testimony in the form of 
opinions or inferences is limited to those opinions or inferences which are (a) 
rationally based on the perception of the witness and (b) helpful to a clear 
understanding of the witness' testimony or the determination of a fact in issue.
Rule 702  Testimony by Experts
If the court determines that scientific, technical, or other specialized knowledge will 
assist the trier of fact to understand the evidence or to determine a fact in issue, a 
witness qualified as an expert by knowledge, skill, experience, training, or 
education may testify thereto in the form of an opinion or otherwise if (1) the 
testimony is based on sufficient facts or data, (2) the testimony is the product of 
reliable principles and methods, and (3) the witness has applied the principles and 
methods reliably to the facts of the case.
Rule 703  Bases of Opinion Testimony by Experts
The facts or data in the particular case upon which an expert bases an opinion or 
inference shall be in evidence. This rule does not restrict the discretion of the court 
to receive expert opinion testimony subject to the condition that the factual bases 
of the opinion be admitted in evidence hereafter.
Rule 704  Opinion on Ultimate Issue
Testimony in the form of an opinion or inference otherwise admissible is not 
objectionable because it embraces an ultimate issue to be decided by the trier of 
fact.
Rule 705  Disclosure of Facts or Data Underlying Expert Opinion
The expert may testify in terms of opinion or inference and give reasons therefor 
without prior disclosure of the underlying facts or data, unless the court requires 
otherwise. The expert may in any event be required to disclose the underlying facts 
or data on cross-examination.
Rule 706  Court-Appointed Experts
(a) Appointment. The court may on its own motion or on the motion of any party 
enter an order to show cause why expert witnesses should not be appointed, and 
may request the parties to submit nominations. The court may appoint any expert 
witnesses agreed upon by the parties, and may appoint expert witnesses of its own 
selection. An expert witness shall not be appointed by the court unless the witness 
consents to act. A witness so appointed shall be informed of the witness' duties by 
the court in writing, a copy of which shall be filed with the clerk, or at a conference 
in which the parties shall have opportunity to participate. A witness so appointed 
shall advise the parties of the witness' findings, if any; the witness' deposition may 
be taken by any party; and the witness may be called to testify by the court or any 
party. The witness shall be subject to cross-examination by each party, including a 
party calling the witness.
(b) Compensation. Expert witnesses so appointed are entitled to reasonable 
compensation in whatever sum the court may allow. The compensation thus fixed is 
payable from funds which may be provided by law in criminal cases and civil actions 
and proceedings involving just compensation under the Fifth Amendment. In other 
civil actions and proceedings the compensation shall be paid by the parties in such 
proportion and at such time as the court directs, and thereafter charged in like 
manner as other costs.
(c) Disclosure of appointment. In the exercise of its discretion, the court may 
authorize disclosure to the jury of the fact that the court appointed the expert 
witness.
(d) Parties' experts of own selection. Nothing in this rule limits the parties in calling 
expert witnesses of their own selection.
Rule 707  Use of Learned Treatises for Impeachment
To the extent called to the attention of an expert witness upon cross-examination, 
statements contained in published treatises, periodicals, or pamphlets on a subject 
of history, medicine, or other science or art, established as a reliable authority by 
the testimony or admission of the witness or by other expert testimony or by 
judicial notice, are admissible for impeachment purposes only. If admitted, the 
statements may be read into evidence but may not be received as exhibits.

RULES 801-806
Rule 801  Hearsay; Definitions
The following definitions apply under this article:
(a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal 
conduct of a person, if it is intended by the person as an assertion.
(b) Declarant. A "declarant" is a person who makes a statement.
(c) Hearsay. "Hearsay" is a statement, other than the one made by the declarant 
while testifying at the trial or hearing, offered in evidence to prove the truth of the 
matter asserted.
(d) Statements which are not hearsay. A statement is not hearsay if–
(1) Prior statement of witness. The declarant testifies at the trial or hearing and 
is subject to cross-examination concerning the statement, and the statement is 
(A) inconsistent with the declarant's testimony, and was given under oath 
subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a 
deposition, or (B) consistent with the declarant's testimony and is offered to 
rebut an express or implied charge against the declarant of recent fabrication or 
improper influence or motive, or (C) one of identification of a person made after 
perceiving the person; or
(2) Admission by party-opponent. The statement is offered against a party and 
is (A) the party's own statement, in either an individual or a representative 
capacity, except statements made in connection with a guilty plea to a 
misdemeanor motor vehicle violation or an admission of responsibility for a civil 
infraction under laws pertaining to motor vehicles, or (B) a statement of which 
the party has manifested an adoption or belief in its truth, or (C) a statement 
by a person authorized by the party to make a statement concerning the 
subject, or (D) a statement by the party's agent or servant concerning a matter 
within the scope of the agency or employment, made during the existence of 
the relationship, or (E) a statement by a coconspirator of a party during the 
course and in furtherance of the conspiracy on independent proof of the 
conspiracy.
Rule 802  Hearsay Rule
Hearsay is not admissible except as provided by these rules.
Rule 803  Hearsay Exceptions; Availability of Declarant Immaterial
The following are not excluded by the hearsay rule, even though the declarant is 
available as a witness:
(1) Present sense impression. A statement describing or explaining an event or 
condition made while the declarant was perceiving the event or condition, or 
immediately thereafter.
(2) Excited utterance. A statement relating to a startling event or condition made 
while the declarant was under the stress of excitement caused by the event or 
condition.
(3) Then existing mental, emotional, or physical condition. A statement of the 
declarant's then existing state of mind, emotion, sensation, or physical condition 
(such as intent, plan, motive, design, mental feeling, pain, and bodily health), but 
not including a statement of memory or belief to prove the fact remembered or 
believed unless it relates to the execution, revocation, identification, or terms of 
declarant's will.
(4) Statements made for purposes of medical treatment or medical diagnosis in 
connection with treatment. Statements made for purposes of medical treatment or 
medical diagnosis in connection with treatment and describing medical history, or 
past or present symptoms, pain, or sensations, or the inception or general 
character of the cause or external source thereof insofar as reasonably necessary to 
such diagnosis and treatment.
(5) Recorded recollection. A memorandum or record concerning a matter about 
which a witness once had knowledge but now has insufficient recollection to enable 
the witness to testify fully and accurately, shown to have been made or adopted by 
the witness when the matter was fresh in the witness' memory and to reflect that 
knowledge correctly. If admitted, the memorandum or record may be read into 
evidence but may not itself be received as an exhibit unless offered by an adverse 
party.
(6) Records of regularly conducted activity. A memorandum, report, record, or data 
compilation, in any form, of acts, transactions, occurrences, events, conditions, 
opinions, or diagnoses, made at or near the time by, or from information 
transmitted by, a person with knowledge, if kept in the course of a regularly 
conducted business activity, and if it was the regular practice of that business 
activity to make the memorandum, report, record, or data compilation, all as shown 
by the testimony of the custodian or other qualified witness, or by certification that 
complies with a rule promulgated by the supreme court or a statute permitting 
certification, unless the source of information or the method or circumstances of 
preparation indicate lack of trustworthiness. The term "business" as used in this 
paragraph includes business, institution, association, profession, occupation, and 
calling of every kind, whether or not conducted for profit.
(7) Absence of entry in records kept in accordance with the provisions of paragraph 
(6). Evidence that a matter is not included in the memoranda, reports, records, or 
data compilations, in any form, kept in accordance with the provisions of paragraph 
(6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of 
a kind of which a memorandum, report, record, or data compilation was regularly 
made and preserved, unless the sources of information or other circumstances 
indicate lack of trustworthiness.
(8) Public records and reports. Records, reports, statements, or data compilations, 
in any form, of public offices or agencies, setting forth (A) the activities of the office 
or agency, or (B) matters observed pursuant to duty imposed by law as to which 
matters there was a duty to report, excluding, however, in criminal cases matters 
observed by police officers and other law enforcement personnel, and subject to the 
limitations of MCL 257.624.
(9) Records of vital statistics. Records or data compilations, in any form, of births, 
fetal deaths, deaths, or marriages, if the report thereof was made to a public office 
pursuant to requirements of law.
(10) Absence of public record or entry. To prove the absence of a record, report, 
statement, or data compilation, in any form, or the nonoccurrence or nonexistence 
of a matter of which a record, report, statement, or data compilation, in any form, 
was regularly made and preserved by a public office or agency, evidence in the 
form of a certification in accordance with Rule 902, or testimony, that diligent 
search failed to disclose the record, report, statement, or data compilation, or 
entry.
(11) Records of religious organizations. Statements of births, marriages, divorces, 
deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar 
facts of personal or family history, contained in a regularly kept record of a religious 
organization.
(12) Marriage, baptismal, and similar certificates. Statements of fact contained in a 
certificate that the maker performed a marriage or other ceremony or administered 
a sacrament, made by a member of the clergy, public official, or other person 
authorized by the rules or practices of a religious organization or by law to perform 
the act certified, and purporting to have been issued at the time of the act or within 
a reasonable time thereafter.
(13) Family records. Statements of fact concerning personal or family history 
contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on 
family portraits, engravings on urns, crypts, or tombstones, or the like.
(14) Records of documents affecting an interest in property. The record of a 
document purporting to establish or affect an interest in property, as proof of the 
content of the original recorded document and its execution and delivery by each 
person by whom it purports to have been executed, if the record is a record of a 
public office and an applicable statute authorizes the recording of documents of that 
kind in that office.
(15) Statements in documents affecting an interest in property. A statement 
contained in a document purporting to establish or affect an interest in property if 
the matter stated was relevant to the purpose of the document, unless dealings 
with the property since the document was made have been inconsistent with the 
truth of the statement or the purport of the document.
(16) Statements in ancient documents. Statements in a document in existence 
twenty years or more the authenticity of which is established.
(17) Market reports, commercial publications. Market quotations, tabulations, lists, 
directories, or other published compilations, generally used and relied upon by the 
public or by persons in particular occupations.
(18) Deposition testimony of an expert. Testimony given as a witness in a 
deposition taken in compliance with law in the course of the same proceeding if the
court finds that the deponent is an expert witness and if the deponent is not a party 
to the proceeding.
(19) Reputation concerning personal or family history. Reputation among members 
of a person's family by blood, adoption, or marriage, or among a person's 
associates, or in the community, concerning a person's birth, adoption, marriage, 
divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, 
or other similar fact of personal or family history.
(20) Reputation concerning boundaries or general history. Reputation in a 
community, arising before the controversy, as to boundaries of or customs affecting 
lands in the community, and reputation as to events of general history important to 
the community or state or nation in which located.
(21) Reputation as to character. Reputation of a person's character among 
associates or in the community.
(22) Judgment of previous conviction. Evidence of a final judgment, entered after a 
trial or upon a plea of guilty (or upon a plea of nolo contendere if evidence of the 
plea is not excluded by MRE 410), adjudging a person guilty of a crime punishable 
by death or imprisonment in excess of one year, to prove any fact essential to 
sustain the judgment, but not including, when offered by the state in a criminal 
prosecution for purposes other than impeachment, judgments against persons 
other than the accused. The pendency of an appeal may be shown but does not 
affect admissibility.
(23) Judgment as to personal, family, or general history, or boundaries. Judgments 
as proof of matters of personal, family or general history, or boundaries, essential 
to the judgment, if the same would be provable by evidence of reputation.
(24) Other Exceptions. A statement not specifically covered by any of the foregoing 
exceptions but having equivalent circumstantial guarantees of trustworthiness, if 
the court determines that (A) the statement is offered as evidence of a material 
fact, (B) the statement is more probative on the point for which it is offered than 
any other evidence that the proponent can procure through reasonable efforts, and 
(C) the general purposes of these rules and the interests of justice will best be 
served by admission of the statement into evidence. However, a statement may not 
be admitted under this exception unless the proponent of the statement makes 
known to the adverse party, sufficiently in advance of the trial or hearing to provide 
the adverse party with a fair opportunity to prepare to meet it, the proponent's 
intention to offer the statement and the particulars of it, including the name and 
address of the declarant.
Rule 803A  Hearsay Exception; Child's Statement About Sexual Act
A statement describing an incident that included a sexual act performed with or on 
the declarant by the defendant or an accomplice is admissible to the extent that it 
corroborates testimony given by the declarant during the same proceeding, 
provided:
(1) the declarant was under the age of ten when the statement was made;
(2) the statement is shown to have been spontaneous and without indication of 
manufacture;
(3) either the declarant made the statement immediately after the incident or any 
delay is excusable as having been caused by fear or other equally effective 
circumstance; and
(4) the statement is introduced through the testimony of someone other than the 
declarant.
If the declarant made more than one corroborative statement about the incident, 
only the first is admissible under this rule.
A statement may not be admitted under this rule unless the proponent of the 
statement makes known to the adverse party the intent to offer the statement, and 
the particulars of the statement, sufficiently in advance of the trial or hearing to 
provide the adverse party with a fair opportunity to prepare to meet the statement.
This rule applies in criminal and delinquency proceedings only.
Rule 804  Hearsay Exceptions; Declarant Unavailable
(a) Definition of unavailability. "Unavailability as a witness" includes situations in 
which the declarant–
(1) is exempted by ruling of the court on the ground of privilege from testifying 
concerning the subject matter of the declarant's statement; or
(2) persists in refusing to testify concerning the subject matter of the 
declarant's statement despite an order of the court to do so; or
(3) has a lack of memory of the subject matter of the declarant's statement; or
(4) is unable to be present or to testify at the hearing because of death or then 
existing physical or mental illness or infirmity; or
(5) is absent from the hearing and the proponent of a statement has been 
unable to procure the declarant's attendance (or in the case of a hearsay 
exception under subdivision (b)(2), (3), or (4), the declarant's attendance or 
testimony) by process or other reasonable means, and in a criminal case, due 
diligence is shown.
A declarant is not unavailable as a witness if exemption, refusal, claim of lack of 
memory, inability, or absence is due to the procurement or wrongdoing of the 
proponent of a statement for the purpose of preventing the witness from attending 
or testifying.
(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the 
declarant is unavailable as a witness: 
(1) Former testimony. Testimony given as a witness at another hearing of the 
same or a different proceeding, if the party against whom the testimony is now 
offered, or, in a civil action or proceeding, a predecessor in interest, had an 
opportunity and similar motive to develop the testimony by direct, cross, or 
redirect examination.
(2) Statement under belief of impending death. In a prosecution for homicide or 
in a civil action or proceeding, a statement made by a declarant while believing 
that the declarant's death was imminent, concerning the cause or 
circumstances of what the declarant believed to be impending death.
(3) Statement against interest. A statement which was at the time of its making 
so far contrary to the declarant's pecuniary or proprietary interest, or so far 
tended to subject the declarant to civil or criminal liability, or to render invalid a 
claim by the declarant against another, that a reasonable person in the 
declarant's position would not have made the statement unless believing it to 
be true. A statement tending to expose the declarant to criminal liability and 
offered to exculpate the accused is not admissible unless corroborating 
circumstances clearly indicate the trustworthiness of the statement.
(4) Statement of personal or family history. (A) A statement concerning the 
declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by 
blood, adoption, or marriage, ancestry, or other similar fact of personal or 
family history, even though declarant had no means of acquiring personal 
knowledge of the matter stated; or (B) a statement concerning the foregoing 
matters, and death also, of another person, if the declarant was related to the 
other by blood, adoption, or marriage or was so intimately associated with the 
other's family as to be likely to have accurate information concerning the 
matter declared.
(5) Deposition Testimony. Testimony given as a witness in a deposition taken in 
compliance with law in the course of the same or another proceeding, if the 
party against whom the testimony is now offered, or, in a civil action or 
proceeding, a predecessor in interest, had an opportunity and similar motive to 
develop the testimony by direct, cross, or redirect examination.
For purposes of this subsection only, "unavailability of a witness" also includes 
situations in which:
(A) The witness is at a greater distance than 100 miles from the place of 
trial or hearing, or is out of the United States, unless it appears that the 
absence of the witness was procured by the party offering the deposition; 
or
(B) On motion and notice, such exceptional circumstances exist as to make 
it desirable, in the interests of justice, and with due regard to the 
importance of presenting the testimony of witnesses orally in open court, to 
allow the deposition to be used.
(6) Statement by declarant made unavailable by opponent. A statement offered 
against a party that has engaged in or encouraged wrongdoing that was 
intended to, and did, procure the unavailability of the declarant as a witness.
(7) Other Exceptions. A statement not specifically covered by any of the 
foregoing exceptions but having equivalent circumstantial guarantees of 
trustworthiness, if the court determines that (A) the statement is offered as 
evidence of a material fact, (B) the statement is more probative on the point for 
which it is offered than any other evidence that the proponent can procure 
through reasonable efforts, and (C) the general purposes of these rules and the 
interests of justice will best be served by admission of the statement into 
evidence. However, a statement may not be admitted under this exception 
unless the proponent of the statement makes known to the adverse party, 
sufficiently in advance of the trial or hearing to provide the adverse party with a 
fair opportunity to prepare to meet it, the proponent's intention to offer the 
statement and the particulars of it, including the name and address of the 
declarant.
MRE 804 is identical with Rule 804 of the Federal Rules of Evidence except:
(1) MRE 804(a)(3) is identical with Federal Rule 804(a)(3) except that the word 
"has" is substituted for the phrase "testifies to."
(2) MRE 804(a)(5) is identical with Federal Rule 804(a)(5) except for the addition of 
the phrase: "and in a criminal case, due diligence is shown."
(3) MRE 804(b)(3) is identical with Federal Rule 804(b)(3) except that the phrase 
"reasonable person" is substituted for the phrase "reasonable man."
(4) The Michigan Rules of Evidence contain no catch-all hearsay exception such as 
found in Federal Rule 804(b)(5).
(5) Subrule (b)(5) defines several hearsay exceptions for deposition testimony. The 
new subrule combines a part of former subrule (b)(1) with parts of former MCR 
2.308(A), which has been amended concurrently.
Note to amendment of January 19, 1996:
The 1996 adoption of MRE 804(b)(6) incorporated into the Michigan Rules of 
Evidence the residual or "catch-all" exceptions to the hearsay rule that are part of 
the Federal Rules of Evidence.
Note to amendment of May 21, 2001:
MRE 804(b)(6) was added and is almost identical to FRE 804(b)(6), which was 
added to the federal rules effective December 1, 1997. The new subrule creates a 
hearsay exception for prior statements by a witness who has become unavailable 
due to wrongful acts committed or encouraged by the party against whom the 
statement is to be introduced.
Rule 805  Hearsay Within Hearsay
Hearsay included within hearsay is not excluded under the hearsay rule if each part 
of the combined statements conforms with an exception to the hearsay rule 
provided in these rules.
Rule 806  Attacking and Supporting Credibility of Declarant
When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or 
(E), has been admitted in evidence, the credibility of the declarant may be 
attacked, and if attacked may be supported, by any evidence which would be 
admissible for those purposes if declarant had testified as a witness. Evidence of a 
statement or conduct by the declarant at any time, inconsistent with the declarant's 
hearsay statement, is not subject to any requirement that the declarant may have
been afforded an opportunity to deny or explain. If the party against whom a 
hearsay statement has been admitted calls the declarant as a witness, the party is 
entitled to examine the declarant on the statement as if under cross-examination.

RULES 901-903
Rule 901  Requirement of Authentication or Identification
(a) General provision. The requirement of authentication or identification as a 
condition precedent to admissibility is satisfied by evidence sufficient to support a 
finding that the matter in question is what its proponent claims.
(b) Illustrations. By way of illustration only, and not by way of limitation, the 
following are examples of authentication or identification conforming with the 
requirements of this rule: 
(1) Testimony of witness with knowledge. Testimony that a matter is what it is 
claimed to be.
(2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness 
of handwriting, based upon familiarity not acquired for purposes of the 
litigation.
(3) Comparison by trier or expert witness. Comparison by the trier of fact or by 
expert witnesses with specimens which have been authenticated.
(4) Distinctive characteristics and the like. Appearance, contents, substance, 
internal patterns, or other distinctive characteristics, taken in conjunction with 
circumstances.
(5) Voice identification. Identification of a voice, whether heard firsthand or 
through mechanical or electronic transmission or recording, by opinion based 
upon hearing the voice at any time under circumstances connecting it with the 
alleged speaker.
(6) Telephone conversations. Telephone conversations, by evidence that a call 
was made to the number assigned at the time by the telephone company to a 
particular person or business, if (A) in the case of a person, circumstances, 
including self-identification, show the person answering to be the one called, or 
(B) in the case of a business, the call was made to a place of business and the 
conversation related to business reasonably transacted over the telephone.
(7) Public records or reports. Evidence that a writing authorized by law to be 
recorded or filed and in fact recorded or filed in a public office, or a purported 
public record, report, statement, or data compilation, in any form, is from the 
public office where items of this nature are kept.
(8) Ancient documents or data compilation. Evidence that a document or data 
compilation, in any form, (A) is in such condition as to create no suspicion 
concerning its authenticity, (B) was in a place where it, if authentic, would likely 
be, and (C) has been in existence 20 years or more at the time it is offered.
(9) Process or system. Evidence describing a process or system used to 
produce a result and showing that the process or system produces an accurate 
result.
(10) Methods provided by statute or rule. Any method of authentication or 
identification provided by the Supreme Court of Michigan or by a Michigan 
statute.
Rule 902  Self-Authentication
Extrinsic evidence of authenticity as a condition precedent to admissibility is not 
required with respect to the following:
(1) Domestic public documents under seal. A document bearing a seal purporting to 
be that of the United States, or of any state, district, commonwealth, territory, or 
insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the 
Pacific Islands, or of a political subdivision, department, officer, or agency thereof, 
and a signature purporting to be an attestation or execution.
(2) Domestic public documents not under seal. A document purporting to bear the 
signature in the official capacity of an officer or employee of any entity included in 
paragraph (1) hereof, having no seal, if a public officer having a seal and having 
official duties in the district or political subdivision of the officer or employee 
certifies under seal that the signer has the official capacity and that the signature is 
genuine.
(3) Foreign public documents. A document purporting to be executed or attested in 
an official capacity by a person authorized by the laws of a foreign country to make 
the execution or attestation, and accompanied by a final certification as to the 
genuineness of the signature and official position (A) of the executing or attesting 
person, or (B) of any foreign official whose certificate of genuineness of signature 
and official position relates to the execution or attestation or is in a chain of 
certificates of genuineness of signature and official position relating to the 
execution or attestation. A final certification may be made by a secretary of 
embassy or legation, consul general, consul, vice consul, or consular agent of the 
United States, or a diplomatic or consular official of the foreign country assigned or 
accredited to the United States. If reasonable opportunity has been given to all 
parties to investigate the authenticity and accuracy of official documents, the court 
may, for good cause shown, order that they be treated as presumptively authentic 
without final certification or permit them to be evidenced by an attested summary 
with or without final certification.
(4) Certified copies of public records. A copy of an official record or report or entry 
therein, or of a document authorized by law to be recorded or filed and actually 
recorded or filed in a public office, including data compilations in any form, certified 
as correct by the custodian or other person authorized to make the certification, by 
certificate complying with paragraph (1), (2), or (3) or complying with any law of 
the United States or of this state.
(5) Official publications. Books, pamphlets, or other publications purporting to be 
(6) Newspapers and periodicals. Printed materials purporting to be newspapers or 
periodicals.
(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to 
have been affixed in the course of business and indicating ownership, control, or 
origin.
(8) Acknowledged documents. Documents accompanied by a certificate of 
acknowledgment executed in the manner provided by law by a notary public or 
other officer authorized by law to take acknowledgments.
(9) Commercial paper and related documents. Commercial paper, signatures 
thereon, and documents relating thereto to the extent provided by general 
commercial law.
(10) Presumptions created by law. Any signature, document, or other matter 
declared by any law of the United States or of this state to be presumptively or 
prima facie genuine or authentic.
(11) Certified records of regularly conducted activity. The original or a duplicate of 
a record, whether domestic or foreign, of regularly conducted business activity that 
would be admissible under rule 803(6), if accompanied by a written declaration 
under oath by its custodian or other qualified person certifying that 
(A) The record was made at or near the time of the occurrence of the matters 
set forth by, or from information transmitted by, a person with knowledge of 
those matters;
(B) The record was kept in the course of the regularly conducted business 
activity; and
(C) It was the regular practice of the business activity to make the record.
A party intending to offer a record into evidence under this paragraph must 
provide written notice of that intention to all adverse parties, and must make 
the record and declaration available for inspection sufficiently in advance of 
their offer into evidence to provide an adverse party with a fair opportunity to 
challenge them.
Rule 903  Subscribing Witness' Testimony Unnecessary
The testimony of a subscribing witness is not necessary to authenticate a writing 
unless required by the laws of the jurisdiction whose laws govern the validity of the 
writing.

RULES 1001-1008
Rule 1001  Contents of Writings, Recordings, and Photographs; Definitions
For purposes of this article the following definitions are applicable:
(1) Writings and recordings. "Writings" and "recordings" consist of letters, words, or 
numbers, or their equivalent, set down by handwriting, typewriting, printing,
photostating, photographing, magnetic impulse, mechanical or electronic recording, 
or other form of data compilation.
(2) Photographs. "Photographs" include still photographs, x-ray films, video tapes, 
and motion pictures.
(3) Original. An "original" of a writing or recording is the writing or recording itself 
or any counterpart intended to have the same effect by a person executing or 
issuing it. An "original" of a photograph includes the negative or any print 
therefrom. If data are stored in a computer or similar device, any printout or other 
output readable by sight, shown to reflect the data accurately, is an "original."
(4) Duplicate. A "duplicate" is a counterpart produced by the same impression as 
the original, or from the same matrix, or by means of photography, including 
enlargements and miniatures, or by mechanical or electronic re-recording, or by 
chemical reproduction, or by other equivalent techniques, which accurately 
reproduces the original.
Rule 1002  Requirement of Original
To prove the content of a writing, recording, or photograph, the original writing, 
recording, or photograph is required, except as otherwise provided in these rules or 
by statute.
Rule 1003  Admissibility of Duplicates
A duplicate is admissible to the same extent as an original unless (1) a genuine 
question is raised as to the authenticity of the original or (2) in the circumstances it 
would be unfair to admit the duplicate in lieu of the original.
Rule 1004  Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents of a writing, 
recording, or photograph is admissible if–
(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless 
the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by any available judicial 
process or procedure; or
(3) Original in possession of opponent. At a time when an original was under the 
control of the party against whom offered, that party was put on notice, by the 
pleadings or otherwise, that the contents would be a subject of proof at the 
hearing, and that party does not produce the original at the hearing; or
(4) Collateral matters. The writing, recording, or photograph is not closely related 
to a controlling issue.
Rule 1005  Public Records
The contents of an official record, or of a document authorized to be recorded or 
filed and actually recorded or filed, including data compilations in any form, if 
otherwise admissible, may be proved by copy, certified as correct in accordance 
with Rule 902 or testified to be correct by a witness who has compared it with the 
original. If a copy which complies with the foregoing cannot be obtained by the 
exercise of reasonable diligence, then other evidence of the contents may be given.
Rule 1006  Summaries
The contents of voluminous writings, recordings, or photographs which cannot 
conveniently be examined in court may be presented in the form of a chart, 
summary, or calculation. The originals, or duplicates, shall be made available for 
examination or copying, or both, by other parties at reasonable time and place. The 
court may order that they be produced in court.
Rule 1007  Testimony or Written Admission of a Party
Contents of writings, recordings, or photographs may be proved by the testimony 
or deposition of the party against whom offered or by that party's written 
admission, without accounting for the nonproduction of the original.
Rule 1008 Functions of Court and Jury
When the admissibility of other evidence of contents of writings, recordings, or 
photographs under these rules depends upon the fulfillment of a condition of fact, 
the question whether the condition has been fulfilled is ordinarily for the court to 
determine in accordance with the provisions of Rule 104. However, when an issue is 
raised (a) whether the asserted writing ever existed, or (b) whether another 
writing, recording, or photograph produced at the trial is the original, or (c) 
whether other evidence of contents correctly reflects the contents, the issue is for 
the trier of fact to determine as in the case of other issues of fact.
RULES 1101-1102
Rule 1101  Applicability
(a) Rules applicable. Except as otherwise provided in subdivision (b), these rules 
apply to all actions and proceedings in the courts of this state.
(b) Rules inapplicable. The rules other than those with respect to privileges do not 
apply in the following situations and proceedings: 
(1) Preliminary questions of fact. The determination of questions of fact 
preliminary to admissibility of evidence when the issue is to be determined by 
the court under Rule 104(a).
(2) Grand jury. Proceedings before grand juries.
(3) Miscellaneous proceedings. Proceedings for extradition or rendition; 
sentencing, or granting or revoking probation; issuance of warrants for arrest, 
criminal summonses, and search warrants; and proceedings with respect to 
release on bail or otherwise.
(4) Contempt proceedings. Contempt proceedings in which the court may act 
summarily.
(5) Small claims. Small claims division of the district court.
(6) In camera custody hearings. In camera proceedings in child custody 
matters to determine a child's custodial preference.
(7) Proceedings involving juveniles. Proceedings in the family division of the 
circuit court wherever MCR subchapter 3.900 states that the Michigan Rules of 
Evidence do not apply.
(8) Preliminary examinations. At preliminary examinations in criminal cases, 
hearsay is admissible to prove, with regard to property, the ownership, 
authority to use, value, possession and entry.
(9) Domestic Relations Matters. The court's consideration of a report or 
recommendation submitted by the friend of the court pursuant to MCL 
552.505(1)(g) or (h).
(10) Mental Health Hearings. In hearings under Chapters 4, 4A, 5, and 6 of the 
Mental Health Code, MCL 330.1400 et seq., the court may consider hearsay 
data that are part of the basis for the opinion presented by a testifying mental 
health expert. 
Rule 1102  Title
These rules are named the Michigan Rules of Evidence and may be cited as MRE.
The notes following the individual rules were drafted by the chair and the reporter 
of the committee which drafted the proposed rules of evidence for the benefit of the 
bench and bar and are not authoritative constructions by the Court.