Evidence in Michigan Courts: Rules 901-903 Authenticating Evidence

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Michigan Rules 901-903 – Evidence Authentication

Ever wondered how that document or recording made its way into a Michigan courtroom? The answer lies in Michigan Rules of Evidence 901 to 903, which govern the crucial step of authenticating evidence.

This article provides a factual, no-nonsense breakdown of these rules, drawing insights from the official Michigan Rules of Evidence Handbook.

Rule 901: The Key to Admission

At its core, Rule 901 states that before any evidence can be considered by the court, it must be properly authenticated.

This means proving, through sufficient evidence, that the item is indeed what it’s claimed to be. Think of it as verifying the identity of a witness before they can testify.

The rule doesn’t prescribe a specific method for authentication; it simply says there must be enough evidence to convince the judge that the item is genuine. This flexibility provides room for various situations and evidence types.

Unlocking Authenticity: Examples from the Handbook

The Handbook offers helpful examples to illustrate how Rule 901 might be satisfied in practice. Here are a few:

    • Witness Testimony: Someone with firsthand knowledge of the evidence, like the author of a document or someone who witnessed a recording being made, can testify to its authenticity.
    • Handwriting Analysis: A non-expert familiar with someone’s handwriting can offer their opinion on its genuineness based on familiarity, not just for this specific case.
    • Comparison by Experts: An expert, like a handwriting analyst or audio-visual specialist, can compare the disputed item to known authentic samples.
    • Distinctive Characteristics: The unique features of the evidence itself, like its internal patterns or specific content, can sometimes establish authenticity in conjunction with other circumstances.
    • Voice Identification: Similar to handwriting, someone familiar with a voice can offer their opinion on its identity based on prior interactions.
  • Telephone Conversations: Proof that a call was made to a specific number assigned to a particular person or business, coupled with self-identification during the call, can authenticate the conversation.

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Have your driving priviledges been revoked?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

Rule 902: Self-Authentication Shortcuts

Certain types of evidence are so inherently reliable that they “speak for themselves” and don’t require additional authentication under Rule 901. Rule 902 lists these self-authenticating items, including government publications, certain business records, and certificates of marriage or birth.

Rule 903: Skipping the Witness in Certain Cases

Traditionally, written documents often required the testimony of a subscribing witness (someone who witnessed the signing) to be admitted. However, Rule 903 simplifies matters by stating that such testimony is unnecessary unless specifically required by other relevant laws.

Remember: These are just summaries, and the actual rules contain nuances and exceptions. For complex legal matters, consulting with a lawyer is always recommended.

Don't Own an F-16?

Just want your second amendment right back to protect yourself and your family? Call our office to see if we can help.

Important:

This article provides a simplified overview of the Michigan Rules of Evidence 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.

The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.

Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.

 

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

Illegal Firearms in Michigan

Illegal Firearms in Michigan

Illegal Gun Ownership in Michigan: Insights and StatisticsThe issue of illegal gun ownership in Michigan is a complex one, influenced by various factors ranging from criminal activity to loopholes in regulatory measures. Understanding who owns illegal guns is crucial...

read more
Restoring Second Amendment Rights in Michigan

Restoring Second Amendment Rights in Michigan

Restoring Your Gun RightsAs of 4/17/24...There is still a second amendment The Second Amendment of the United States Constitution grants citizens the right to bear arms, a fundamental aspect of American freedoms. However, in some cases, just like every other right...

read more
Disciplining Student’s Speech Violates First Amendment

Disciplining Student’s Speech Violates First Amendment

You go girl!!!A public high school was found to have violated the First Amendment when it suspended a student from her cheerleading team for using profane speech off campus. Mahanoy Area Sch Dist v BL, No 20-255, ___ US ___ (June 23, 2021). The U.S. Supreme Court has...

read more
Cannabis cash transactions aren’t suspicious says IRS

Cannabis cash transactions aren’t suspicious says IRS

Following The MoneyLarge cash transactions by marijuana businesses should not be automatically flagged as suspicious, as per the latest IRS guidance. The tax agency's guidance aims to provide clarity on the federal Bank Secrecy Act, which mandates businesses,...

read more
An Independent Review of the Intoxilyzer 9000

An Independent Review of the Intoxilyzer 9000

An Independent Review of the Intoxilyzer 9000 Part 1 - Residual mouth alcohol detection Counterpoint Volume 2; Issue 2 - Article 3 (August 2017) An article in the Core Skills III-2 Module Jan Semenoff, BA, EMAForensic CriminalistThe opportunity to conduct an...

read more
The Intoxilyzer 9000 (part 1)

The Intoxilyzer 9000 (part 1)

The Intoxilyzer 9000 (part 1 of 2)Roll-Out The Michigan State Police (MSP) initiated Intoxilyzer 9000 (Intoxilyzer) training for police officers statewide, commencing in 2023. In order to participate, officers were required to complete both preliminary breath test...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This