This benchbook is intended for all Michigan judges. The purpose of this benchbook is to provide a single source to address evidentiary issues that may arise while the judge is on the bench. The benchbook is designed to be a ready reference, not an academic discussion. In that context, one of the most difficult challenges is organizing the text so that the user can readily find any topic as it arises.
This book has underlying themes that may assist the user to understand the overarching concepts around which the book is organized. This book is based upon the following concepts:
•The focus is on process rather than substantive law although substantive law is discussed when important or necessary to decision making and the process as a whole.
•The text covers the routine issues that a judge may face and non-routine issues that require particular care when they arise.
•The text is designed to encourage best practices rather than minimal compliance.
•The text is intended to include the authority the judge needs to have at his or her fingertips to make a decision.
•The text is designed to be read aloud or incorporated in a written decision.
With these concepts in mind, the text is organized as follows:
•The format generally follows the sequence of the Michigan Rules of Evidence.
•The format generally follows the typical sequence in which issues arise during the course of a case.
•At the beginning of each chapter is a table of contents that lists what is covered in the chapter.
•Sections in each chapter are identified by the word or phrase typically used to identify the topic (a keyword concept).
•The discussion of each topic is designed to move from the general to the specific without undue elaboration.
•If the court is required to consider particular factors when making a decision, every effort has been made to identify the necessary elements.
•Every effort has been made to cite the relevant Michigan law using either the seminal case or the best current authority for a body of law. United States Supreme Court decisions are cited when Michigan courts are bound by that authority and they are the original source. There are references to federal decisions or decisions from other states when no applicable Michigan authority could be located.
•Every effort has been made to cite the source for each statement (if no authority is cited for a proposition, then the statement is the author’s opinion or part of a committee tip).
•If a proceeding or rule of evidence is based upon a statute, reference to that authority is given in the text.
•If a model or standard jury instruction addresses an issue, it is referenced in the text.
Statements in this benchbook represent the professional judgment of the author and are not intended to be authoritative statements by the Justices of the Michigan Supreme Court.
The Michigan Judicial Institute (MJI) was created in 1977 by the Michigan Supreme Court. MJI is responsible for providing a comprehensive continuing education program for judicial branch employees; assisting judicial associations and external organizations to plan and conduct training events; providing complete and up-to-date legal reference materials for judges, quasi-judicial hearing officers, and others; maintaining a reference library for use by judicial branch employees; and conducting tours of and other public outreach activities for the Michigan Supreme Court Learning Center. MJI welcomes comments and suggestions. Please send them to: Michigan Judicial Institute, PO Box 30048, Lansing, MI 48909, or call (517) 373–7171.