Evidence in Michigan Courts: Rules 901-903 Authenticating Evidence

[KLAW Blog]

Michigan Rules 901-903 – Evidence Authentication

Ever wondered how that document or recording made its way into a Michigan courtroom? The answer lies in Michigan Rules of Evidence 901 to 903, which govern the crucial step of authenticating evidence.

This article provides a factual, no-nonsense breakdown of these rules, drawing insights from the official Michigan Rules of Evidence Handbook.

Rule 901: The Key to Admission

At its core, Rule 901 states that before any evidence can be considered by the court, it must be properly authenticated.

This means proving, through sufficient evidence, that the item is indeed what it’s claimed to be. Think of it as verifying the identity of a witness before they can testify.

The rule doesn’t prescribe a specific method for authentication; it simply says there must be enough evidence to convince the judge that the item is genuine. This flexibility provides room for various situations and evidence types.

Unlocking Authenticity: Examples from the Handbook

The Handbook offers helpful examples to illustrate how Rule 901 might be satisfied in practice. Here are a few:

• • Witness Testimony: Someone with firsthand knowledge of the evidence, like the author of a document or someone who witnessed a recording being made, can testify to its authenticity.

• • Handwriting Analysis: A non-expert familiar with someone’s handwriting can offer their opinion on its genuineness based on familiarity, not just for this specific case.

• • Comparison by Experts: An expert, like a handwriting analyst or audio-visual specialist, can compare the disputed item to known authentic samples.

• • Distinctive Characteristics: The unique features of the evidence itself, like its internal patterns or specific content, can sometimes establish authenticity in conjunction with other circumstances.

• • Voice Identification: Similar to handwriting, someone familiar with a voice can offer their opinion on its identity based on prior interactions.

• Telephone Conversations: Proof that a call was made to a specific number assigned to a particular person or business, coupled with self-identification during the call, can authenticate the conversation.

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Rule 902: Self-Authentication Shortcuts

Certain types of evidence are so inherently reliable that they “speak for themselves” and don’t require additional authentication under Rule 901. Rule 902 lists these self-authenticating items, including government publications, certain business records, and certificates of marriage or birth.

Rule 903: Skipping the Witness in Certain Cases

Traditionally, written documents often required the testimony of a subscribing witness (someone who witnessed the signing) to be admitted. However, Rule 903 simplifies matters by stating that such testimony is unnecessary unless specifically required by other relevant laws.

Remember: These are just summaries, and the actual rules contain nuances and exceptions. For complex legal matters, consulting with a lawyer is always recommended.

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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.

• You can find the latest versions of these resources on the Michigan Courts website: https://www.courts.michigan.gov/498aa6/siteassets/rules-instructions-administrative-orders/rules-of-evidence/michigan-rules-of-evidence.pdf

 

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