Navigating the legal system can be daunting, especially when it comes to understanding the rules governing evidence.
This article sheds light on the first six articles of the Michigan Rules of Evidence (MRE), providing a helpful summary for legal professionals, litigants, and anyone interested in gaining insights into how evidence is handled in Michigan courts.
Rule 101: Scope and Definitions
Firstly, MRE 101 establishes the scope of the rules, specifying that they apply to all proceedings in Michigan courts, with exceptions outlined in Rule 1101. It also clarifies key terms like “civil case” and “record,” ensuring consistent interpretation throughout.
Rule 102: Purpose
MRE 102 sets the guiding principle for interpreting the rules: fairness, efficiency, and truth-seeking. It emphasizes administering proceedings justly, minimizing unnecessary cost and delays, and ultimately, ensuring accurate outcomes.
Rule 103: Rulings on Evidence
This rule outlines how to preserve objections and offer proof. To challenge a ruling admitting evidence, a party must object promptly, state the specific reason, and offer a motion to strike. In case of exclusion, the party must inform the court of the evidence’s content through an offer of proof, unless already clear from the context.
Rule 104: Preliminary Questions
MRE 104 addresses situations where the judge must decide a preliminary question, such as witness competency or hearsay exceptions, before determining whether evidence is admissible. The rule allows both parties to present evidence on the preliminary issue, ensuring a fair and informed decision by the judge.
Rule 105: Limiting Admissibility
This rule acknowledges that some evidence, though relevant, might be prejudicial or confusing. MRE 105 empowers the judge to limit the admissibility of such evidence in various ways, like allowing only specific portions, instructing the jury, or imposing an “admonition” to disregard certain aspects. This ensures a balanced presentation of evidence that focuses on the relevant issues.
Rule 106: Remainder of or Related Writings
Finally, MRE 106 addresses situations where a party introduces part of a writing or recording. This rule grants the opposing party the right to introduce any other portion or related document that provides context and fairness. This prevents distortion and ensures the jury hears the complete picture.
Conclusion
These six initial rules of the MRE lay the foundation for a fair and efficient legal system in Michigan. By understanding their purpose and application, individuals can navigate the courtroom with greater confidence and contribute effectively to the pursuit of justice.
Important:
This article provides a simplified overview of MRE 101-106 for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance. It is suggested that you read the unsummarized rule. Here is the link to the Michigan Rules of Evidence Handbook
Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Have you been charged with a crime?
Call our office to see if we can help
Komorn Law 248-357-2550
Related Articles
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
More Posts
Komorn AVVO Reviews
Research no further, call Komorn. 5.0 stars Posted by a client December 31, 2015 Hired attorney After an incident involving my medical marihuana grow, I found myself being charged with 2 manufacturing felonies. Upon a recommendation from an associate, I retained...
Criminal Defense Attorney of Michigan Award Committee
The Criminal Defense Attorney of Michigan’s Award Committee has selected Michael J. Komorn as the recipient of their Right to Counsel Award. This award recognizes the amazing contributions of a group or individual in the form of legal representation or other...
Judge dismissed felony charge against medical marijuana patient Max Lorincz
OTTAWA COUNTY, Mich. – After 16 months of a criminal and family court battle, an Ottawa County Circuit Court Judge dismissed wrongful felony charges against a Spring Lake father and card-carrying medical marijuana patient for having “synthetic THC.” Friday Max...
Southfield attorneys accuse MSP Crime Lab of negligence and incompetence
Two local attorneys have filed a formal complaint against the Michigan State Police Crime Lab, suggesting the agency should be made into an independent entity, but state officials have refuted the accusations of negligence and incompetence. Southfield-based...
Forensic scientists blast State Police crime lab THC policy as man fights to get son back
Maxwell Lorincz lives in Spring Lake near Lake Michigan with his wife and their six-year-old son. At least, they did live with their son, until a year and a half ago. They lost custody of him after Lorincz was charged with a felony for possessing synthetic THC....
People v Redden & Clark – MI Medical Marijuana hearing – February 20 2013
During this February 20, 2013 hearing, Assistant Oakland County Prosecutor Beth Hand notified the court that her office is contemplating filing criminal charges against a medical doctor for his involvement in certifying two medical marijuana patients, Robert Redden...
Medical marijuana lawyers want state crime lab moved out of Michigan State Police
"The attorneys claim the policy change is leading to unfair felony charges for patients who would otherwise face misdemeanors." Posted on MichiganRadio.org A group of criminal defense attorneys says the Michigan State Police (MSP) should no longer...
Defense attorneys seek fed inquiry of MSP crime labs
Southfield — Three defense attorneys are asking the federal government to investigate the Michigan State Police crime laboratories, alleging misconduct in their testing for pending drug cases. Southfield defense attorneys Neil Rockind and Michael Komorn, along...
MI Cops Change Policy So They Can Falsely Imprison Legal Pot Smokers
In 2008, an overwhelming majority of Michigan voters approved legislation to legalize marijuana for medical use in the state. With nearly 50,000 Michigan residents arrested and incarcerated each year for controlled substance violations, the state’s prison industrial...
Attorney Alleges Authorities `Bend The Science’ To Elevate Marijuana Cases
MIRS-Michigan Independent Source Of News and Information Friday Nov 6, 2015 Maxwell LORINCZ, of Spring Lake, says a fingerprint of oil on an empty plastic container led to his arrest on a drug charge on Sept. 24, 2014. Now, a year later, the case that might have...