Chapter 1: General Matters
The admissibility of evidence is governed by the common law, statutes, and the Michigan Rules of Evidence. See MRE 101. The rules of evidence “should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.” MRE 102.
A.Applicability of the Rules of Evidence
The MREs “govern proceedings in Michigan courts”; “[t]he specific courts and proceedings to which the rules apply, along with exceptions, are set out in [MRE 1101].” MRE 101(a). “Except as otherwise provided in [MRE 1101(b)] or in a rule prescribed by the Supreme Court, [the MREs] apply to all Michigan court actions and proceedings.” MRE 1101(a). Under MRE 1101(b), the MREs — except for those on privilege — do not apply to the following:
•preliminary questions of fact1;
•grand jury proceedings;
•miscellaneous criminal proceedings (i.e., proceedings for extradition or rendition; sentencing; granting or revoking probation; issuing criminal summonses, arrest warrants, and search warrants; and release on bail);
•contempt proceedings;
•small claims;
•in camera custody hearings;
•proceedings involving juveniles;
•preliminary examinations — property matters;
•domestic relations matters; and
•mental-health hearings. MRE 1101(b).
“The rules of evidence in civil actions, insofar as the same are applicable, shall govern in all criminal and quasi criminal proceedings except as otherwise provided by law.” MCL 768.22(1).
Relevant evidence is admissible unless the United States Constitution, the Michigan Constitution, the MREs, or other rules prescribed by the Supreme Court provide otherwise. MRE 402. “Irrelevant evidence is not admissible.” Id. “Evidence may also be precluded by statute.” Hecht v Nat’l Heritage Academies, Inc, 499 Mich 586, 618 (2016). See also MRE 101(b) (“[a] statutory rule of evidence not in conflict with [the MREs] or other rules adopted by the Supreme Court is effective until superseded by a Supreme Court rule or decision.”)
Committee Tip:
The rules of evidence contain exclusionary rules that typically state the exclusion and then provide exceptions to the exclusion. For example, the hearsay rule excludes hearsay (MRE 802) as evidence and then provides exceptions to the exclusion (MRE 803, MRE 803A, and MRE 804).
When a conflict exists between a statute and a rule of evidence, the rule of evidence “prevails if it governs purely procedural matters” because the “authority to promulgate rules governing practice and procedure in Michigan courts rests exclusively with [the Michigan] Supreme Court.” Donkers v Kovach, 277 Mich App 366, 373 (2007). “A statutory rule of evidence not in conflict with [the MREs] or other rules adopted by the Supreme Court is effective until superseded by a Supreme Court rule or decision.” MRE 101(b); People v McDonald, 201 Mich App 270, 273 (1993) (concluding that MCL 257.625a(9)2 does not conflict with the rules of evidence because it does not allow admission of the evidence for the purpose of establishing guilt, and it requires the court to issue a jury instruction explaining how the evidence is to be used).
See the Michigan Judicial Institute’s Test for Admissibility and Ruling Flowchart for guidance regarding analyzing and ruling on evidentiary issues.