5.7​Discovery⁴²

A.​Obligations of Prosecution

Under MCR 6.201(B)(1)-(5),⁴³ in felony cases the prosecution must, upon request, provide the defendant with specific information. Disclosure requirements expressly applicable to sexual assault cases are found in MCL 768.27a, MCL 768.27b, and MCL 768.27c.⁴⁴ 

Under MCL 768.27a(1), “in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which it is relevant.”⁴⁵ If the prosecution intends to offer evidence of the other listed offense, the prosecution must disclose the evidence to the defendant “at least 15 days before the scheduled date of trial or at a later time as allowed by the court for good cause shown, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered.” Id.

In a criminal case accusing the defendant of an offense involving domestic violence, sexual assault, prostitution,^[46] or human trafficking,^[47] “evidence of the defendant’s commission of other acts of domestic violence, sexual assault, prostitution, or human trafficking is admissible for any purpose for which it is relevant, if it is not otherwise excluded under [MRE] 403.”⁴⁸ MCL 768.27b(1). If the prosecution intends to offer evidence of the defendant’s commission of other acts of domestic violence or sexual assault, “the prosecuting attorney shall disclose the evidence, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered, to the defendant not less than 15 days before the scheduled date of trial or at a later time as allowed by the court for good cause shown.” MCL 768.27b(2).

Evidence of a declarant’s statement is admissible under the circumstances listed in MCL 768.27c(1). MCL 768.27c(3) requires the prosecution to disclose “the evidence, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered, to the defendant not less than 15 days before the scheduled date of trial or at a later time as allowed by the court for good cause shown.”⁴⁹ 

B.​Privileged Information

MCL 600.2157a(2) prevents the disclosure of confidential communication transmitted between a victim and a sexual assault or domestic violence counselor. According to MCL 600.2157a(2): 

“[A] confidential communication, or any report, working paper, or statement contained in a report or working paper, given or made in connection with a consultation between a victim and a sexual assault or domestic violence counselor, shall not be admissible as evidence in any civil or criminal proceeding without the prior written consent of the victim.”