Evidence in Michigan Courts: A Guide to Rules 201-202

[KLAW Blog]

Michigan Rules of Evidence: A Guide to Rules 201-202

Understanding the Michigan Rules of Evidence is crucial for anyone involved in legal proceedings within the state.

This article focuses on two key rules: 201** (Judicial Notice of Adjudicative Facts)** and 202** (Judicial Notice of Law)**, providing a concise and informative overview of their purpose, scope, and application.

Rule 201: Judicial Notice of Adjudicative Facts

This rule empowers the court to take certain facts, known as “adjudicative facts,” as true without requiring formal proof during a trial.

These facts must be:

• Not subject to reasonable dispute: They are either universally accepted within the court’s jurisdiction or readily verifiable from reliable sources.
• Examples: Commonly-known geographic features, population statistics, or widely-accepted scientific principles.

The court can take notice of these facts either:

• On its own initiative: In situations where the fact is readily apparent and critical to the case.
• At the request of a party: If the party provides sufficient information and allows opposing parties time to prepare.

Rule 201: Judicial Notice of Adjudicative Facts

This rule empowers the court to take certain facts, known as “adjudicative facts,” as true without requiring formal proof during a trial.

These facts must be:

• Not subject to reasonable dispute: They are either universally accepted within the court’s jurisdiction or readily verifiable from reliable sources.
• Examples: Commonly-known geographic features, population statistics, or widely-accepted scientific principles.

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Rule 202: Judicial Notice of Law

Similar to Rule 201, this rule allows the court to acknowledge certain legal matters without requiring formal presentation of evidence. These matters include:

Law in force: This encompasses the common law, constitutions, and public statutes of all jurisdictions within the United States.
Private acts and resolutions: These are specific legislative documents passed by Congress or the Michigan Legislature.

Local ordinances and regulations: These are rules established by governmental subdivisions or agencies within Michigan.
Foreign laws: The court can take notice of foreign laws upon proper presentation of evidence.

The court may take notice of these legal matters either:

On its own initiative: In situations where the law is readily apparent and relevant to the case.

At the request of a party: If the party provides sufficient information and allows opposing parties time to prepare.

Key Differences between Rules 201 and 202:

Type of knowledge: Rule 201 deals with factual matters, while Rule 202 deals with legal matters.

Scope: Rule 201 applies to facts within the court’s jurisdiction, while Rule 202 has a broader scope covering national, state, local, and even foreign laws.

Onus of proof: For Rule 201, the burden of proof lies with the party requesting judicial notice to provide the necessary information. For Rule 202, the court may take notice on its own initiative, but parties can still object or challenge the accuracy of the legal matter.

Important:

This article provides a simplified overview of the Michigan Rules of Evidence for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance.

The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.

Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.

 

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