Michigan Evidence Courtroom Manual
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Designed specifically for trial use, Michigan Evidence Courtroom Manual's purpose is to provide fast, concise, and authoritative answers to most of the evidentiary questions which arise in the course of trials and hearings, as well as in trial preparation. It accomplishes this through a unique combination of trial-tested features, including:
• Rules: The complete rules are collected at the beginning of the book. Individual rules are also at the beginning of the chapter in which the rule is discussed.
• Commentary: Perhaps the most important part of this book, the author's Commentary provides a quick overview of the rule under discussion, guidance in interpreting the rule, and helpful pointers for applying the rule in actual practice. In many chapters the Commentary contains special features such as Illustrations, Constitutional Considerations, and Current Trends.
• Authority: Following each chapter's Commentary, additional authorities are cited. These give the user a starting point for additional research.
• Comparison to Federal Rule: A brief comparison of the Michigan and federal rules in each chapter provides additional insight.
• Cases: Recent significant cases are summarized at the end of each chapter. These provide support for argument and decisions required during the course of proceedings.
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Table of contents
Using This Book
Michigan Online Resource Directory
Text of the Michigan Rules of Evidence R-1
Text of the Federal Rules of Evidence R-21
ARTICLE I GENERAL PROVISIONS
101 Scope of Rules
103 Rulings on Evidence
104 Preliminary Questions
105 Limited Admissibility
106 Remainder of or Related Writings or Recorded Statements
ARTICLE II JUDICIAL NOTICE
201 Judicial Notice of Adjudicative Facts
202 Judicial Notice of Law
ARTICLE III PRESUMPTIONS
301 Presumptions in General in Civil Actions and Proceedings
302 Presumptions in Criminal Cases
ARTICLE IV RELEVANCY AND ITS LIMITS
401 Definition of "Relevant Evidence"
402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
404 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
405 Methods of Proving Character
406 Habit; Routine Practice
407 Subsequent Remedial Measures
408 Compromise and Offers to Compromise
409 Payment of Medical and Similar Expenses
410 Inadmissibility of Pleas, Offers of Pleas, and Related Statements
411 Liability Insurance
ARTICLE V PRIVILEGES
501 General Rule
ARTICLE VI WITNESSES
601 General Rule of Competency
602 Lack of Personal Knowledge
603 Oath or Affirmation
605 Competency of Judge as Witness
606 Competency of Juror as Witness
607 Who May Impeach
608 Evidence of Character and Conduct of Witness
609 Impeachment by Evidence of Conviction of Crime
610 Religious Beliefs or Opinions
611 Mode and Order of Interrogation and Presentation
612 Writing or Object Used to Refresh Memory
613 Prior Statements of Witnesses
614 Calling and Interrogation of Witnesses by Court
615 Exclusion of Witnesses
ARTICLE VII OPINIONS AND EXPERT TESTIMONY
701 Opinion Testimony by Lay Witnesses
702 Testimony by Experts
703 Bases of Opinion Testimony by Experts
704 Opinion on Ultimate Issue
705 Disclosure of Facts or Data Underlying Expert Opinion
706 Court-Appointed Experts
707 Use of Learned Treatises for Impeachment
ARTICLE VIII HEARSAY
802 Hearsay Rule
803 Hearsay Exceptions; Availability of Declarant Immaterial
803A Hearsay Exceptions; Child’s Statement About Sexual Act
804 Hearsay Exceptions; Declarant Unavailable
805 Hearsay Within Hearsay
806 Attacking and Supporting Credibility of Declarant
ARTICLE IX AUTHENTICATION AND IDENTIFICATION
901 Requirement of Authentication or Identification
903 Subscribing Witness’s Testimony Unnecessary
ARTICLE X CONTENTS OF WRITINGS, RECORDINGS, AND
1001 Contents of Writings, Recordings, and Photographs; Definitions
1002 Requirement of Original
1003 Admissibility of Duplicates
1004 Admissibility of Other Evidence of Contents
1005 Public Records
1007 Testimony or Written Admission of Party
1008 Functions of Court and Jury
ARTICLE XI MISCELLANEOUS RULES
APPENDIX STAFF NOTES TO THE MICHIGAN RULES OF EVIDENCE