7.12Evidentiary Issues7
“Bench trials stand in sharp contrast to jury trials. A jury is required to consider all the evidence and to render a unanimous verdict, without the need for explanation. In a bench trial, however, the trial court is obligated to ‘find the facts specially, state separately its conclusions of law, and direct entry of the appropriate judgment.” People v Wang, 505 Mich 239, 250 (2020); MCR 6.403; MCR 6.410(B). “Because of this, reviewing courts are provided greater insight into the specific evidence found by the trial court to support verdicts in bench trials.” Wang, 505 Mich at 250.
Opening the evidence. Unless otherwise ordered by the court, the plaintiff must introduce its evidence first. MCR 2.507(B).8 However, if the defendant’s answer admits facts and allegations asserted in plaintiff’s complaint to the extent that judgment should be entered in favor of plaintiff, and the defendant has advanced a defense (either as a counterclaim or affirmative defense) for which the defendant has the burden of proof, the defendant must present its evidence first. Id.
Judicial notice. In a jury trial, jurors are allowed to “consider all the evidence in . . . light of [their] own general knowledge and experience in the affairs of life, and . . . take into account whether any particular evidence seems reasonable and probable.” M Civ JI 3.11. A judge presiding over a bench trial may view the evidence in a similar light. See Hinterman v Stine, 55 Mich App 282, 285 (1974).