Evidence in Michigan Courts: Michigan’s Evidence Rules 1001-1008

[KLAW Blog]

Michigan’s Rules of Evidence, established by the Supreme Court, dictate how evidence is presented and admitted in court proceedings. Rules 1001 through 1008, focusing on how written words, recordings, and photographs are treated as evidence.

Rule 1001: Defining the Terms

Before diving into details, Rule 1001 lays the groundwork by defining key terms:

• • Writing: Any combination of letters, words, numbers, or their equivalent, regardless of format (handwritten, digital, etc.).

• • Recording: Similar to writing, but encompassing sounds captured in any form (audio tapes, digital recordings, etc.).

• • Photograph: An image or its equivalent stored in any format (printed photographs, digital files, etc.).

• Original: The primary version of a writing, recording, or photograph, or an authorized duplicate intended to have the same effect. For electronic information, a printout or other readable output that accurately reflects the data constitutes an original.

Rule 1002: The Quest for the Original

Generally, Rule 1002 emphasizes using the original document, recording, or photograph as evidence. This ensures authenticity and accuracy. However, exceptions exist:

• • Duplicates: If the original is unavailable or difficult to produce, a duplicate (exact copy) certified by the custodian of the original is admissible.

• • Voluminous Materials: For extensive records like business ledgers, summaries or compilations prepared by a qualified witness using the original are acceptable.

• • Lost or Destroyed Originals: Proof of loss or destruction, coupled with secondary evidence like copies or witness testimony, might allow entry of non-originals.

Rule 1003: Duplicates Step Up in Absence of Originals

When the original is unavailable and exceptions in Rule 1002 don’t apply, certified duplicates take center stage under Rule 1003. However, the opposing party has the right to challenge the authenticity of the duplicate.

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Rule 1004: When Copies Don’t Cut It

If neither the original nor a certified duplicate are available, Rule 1004 allows “other evidence of contents.” This could include oral testimony about the contents, copies not certified by the custodian, or even handwritten notes summarizing the original. However, such evidence faces a higher bar for admissibility due to concerns about accuracy and trustworthiness.

Rule 1005: Public Documents Take a Shortcut

For publicly available documents like government records, certified copies readily obtainable from the custodian bypass the original requirement under Rule 1005.

Rule 1006: Summaries of voluminous records get a green light

Rule 1006 reiterates the allowance for summaries of voluminous records if the original would be cumbersome to present. Here, the summary must be prepared by a qualified witness accurately reflecting the original’s substance.

Rule 1007: Parties Can Speak for Their Words

Rule 1007 empowers parties in a case to testify about the contents of their own writings, recordings, or photographs. This helps clarify ambiguities or resolve questions about intent.

Rule 1008: Judge and Jury Take Their Roles

Finally, Rule 1008 clarifies how judges and juries handle certain issues:

• • The judge decides whether certain conditions are met for admitting evidence of contents under these rules.

• • The jury decides if the writing ever existed, if a presented document is the original, or if secondary evidence accurately reflects the content.

These eight rules form the foundation for handling written, recorded, and photographic evidence in Michigan courts. Remember, this is just a summary; actual legal proceedings should involve consulting legal professionals for accurate interpretation and application of these rules.

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.

Here is the link to proposed changes Michigan Court Website

 

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