Michigan Rules of Evidence


The Michigan Rules of Evidence are a set of evidence rules that authorize how to collect, present and apply evidence for each case.  Michigan Rules of Evidence govern proceedings in the courts of Michigan.  These rules apply to all actions and proceedings in the courts of this state.

The Michigan Rules of Evidence generally apply to civil actions and proceedings, to criminal cases and proceedings, and to contempt proceedings except those in which the court may act summarily.  With respect to privileges, the rule applies at all stages of all actions, cases, and proceedings.

However, the rules other than those with respect to privileges do not apply in the following situations:

  • During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court.
  • Proceedings before grand juries.
  • Miscellaneous proceedings such as 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.
  • Contempt proceedings in which the court may act summarily.
  • Small claims division of the district court.
  • In camera proceedings in child custody matters to determine a child’s custodial preference.
  • Proceedings in the family division of the circuit court wherever Michigan Rules of Evidence do not apply.
  • At preliminary examinations in criminal cases, hearsay is admissible to prove, with regard to property, the ownership, authority to use, value, possession and entry.
  • 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).
  • Mental Health Hearings

Table of contents of the Michigan Rules of Evidence:

MICHIGAN RULES OF EVIDENCE 69

Preceding Rule 101 Scope.

Preceding Rule 101 Scope.

Preceding Rule 101 Scope.

Rule 101 Scope.

Rule 101 Scope.

Rule 101 Scope.

Rule 102 Purpose.

Rule 103 Rulings on Evidence.

Rule 104 Preliminary Questions.

Rule 105 Limited Admissibility.

Rule 106 Remainder of or Related Writings or Recorded Statements.

Rule 201 Judicial Notice of Adjudicative Facts.

Rule 202 Judicial Notice of Law.

Rule 301 Presumptions in Civil Actions and Proceedings.

Rule 302 Presumptions in Criminal Cases.

Rule 401 Definition of “Relevant Evidence.”

Rule 402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.

Rule 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of   Time.

Rule 404 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes.

Rule 405 Methods of Proving Character.

Rule 406 Habit; Routine Practice.

Rule 407 Subsequent Remedial Measures.

Rule 408 Compromise and Offers To Compromise.

Rule 409 Payment of Medical and Similar Expenses.

Rule 410 Inadmissibility of Pleas, Plea Discussions, and Related Statements.

Rule 411 Liability Insurance.

Rule 501 Privilege; General Rule.

Rule 601 Witnesses; General Rule of Competency.

Rule 602 Lack of Personal Knowledge.

Rule 603 Oath or Affirmation.

Rule 604 Interpreters.

Rule 605 Competency of Judge as Witness.

Rule 606 Competency of Juror as Witness.

Rule 607 Who May Impeach.

Rule 608 Evidence of Character and Conduct of Witness.

Rule 609 Impeachment by Evidence of Conviction of Crime.

Rule 610 Religious Beliefs or Opinions.

Rule 611 Mode and Order of Interrogation and Presentation.

Rule 612 Writing or Object Used To Refresh Memory.

Rule 613 Prior Statements of Witnesses.

Rule 614 Calling and Interrogation of Witnesses by Court.

Rule 615 Exclusion of Witnesses.

Rule 701 Opinion Testimony by Lay Witnesses.

Rule 702 Testimony by Experts.

Rule 703 Bases of Opinion Testimony by Experts.

Rule 704 Opinion on Ultimate Issue.

Rule 705 Disclosure of Facts or Data Underlying Expert Opinion.

Rule 706 Court-Appointed Experts.

Rule 707 Use of Learned Treatises for Impeachment.

Rule 801 Hearsay; Definitions.

Rule 802 Hearsay Rule.

Rule 803 Hearsay Exceptions; Availability of Declarant Immaterial.

Rule 803A Hearsay Exception; Child’s Statement About Sexual Act.

Rule 804 Hearsay Exceptions; Declarant Unavailable.

Rule 805 Hearsay Within Hearsay.

Rule 806 Attacking and Supporting Credibility of Declarant.

Rule 901 Requirement of Authentication or Identification.

Rule 902 Self-Authentication.

Rule 903 Subscribing Witness’s Testimony Unnecessary.

Rule 1001 Contents of Writings, Recordings, and Photographs; Definitions.

Rule 1002 Requirement of Original.

Rule 1003 Admissibility of Duplicates.

Rule 1004 Admissibility of Other Evidence of Contents.

Rule 1005 Public Records.

Rule 1006 Summaries.

Rule 1007 Testimony or Written Admission of a Party.

Rule 1008 Functions of Court and Jury.

Rule 1101 Applicability.

Rule 1102 Title.

Michigan Rules of Evidence