7.31Jury View

A jury view “of property or of a place where a material event occurred” may be ordered on motion of either party, by the court on its own initiative, or at the request of the jury. MCR 2.513(J). In a civil case, all parties are entitled to be present at a jury view. Id. During the view, only “an officer designated by the court[] may speak to the jury concerning the subject connected with the trial. Any such communication must be recorded in some fashion.” Id.

The purpose of a jury view is not to furnish new evidence, but rather to enable the jurors to understand the evidence presented in the courtroom. Valenti v Mayer, 301 Mich 551, 558 (1942). See also M Civ JI 3.12.

The decision whether to permit a jury view is reviewed for an abuse of discretion. West v Livingston Co Rd Comm, 131 Mich App 63, 67 (1983). In exercising its discretion, the court may consider whether there has been a change in the interim and whether exhibits have been introduced to show the condition of the scene. Id.