The Expanding List of Crimes that Restrict Gun Ownership

The Expanding List of Crimes that Restrict Gun Ownership

Feb 2, 2024 | Blog, Michigan Laws, Your Rights

The Expanding List of Crimes that Restrict Gun Ownership in Michigan

Here are the Laws

Domestic Violence

The legislature passed a package of bills that add subsets to certain misdemeanor offenses (identified below) for offenses involving domestic relationships.

See 2023 PA 199 (eff. Feb 13, 2024).

Violation of these provisions are considered domestic violence. Misdemeanors involving domestic violence are defined in MCL 750.224f(10)(c), amended by 2023 PA 201 (eff. Feb 13, 2024), and include the following:

  • MCL 750.81(2)and (4): Assault or assault and battery of a spouse or former spouse
  • MCL 750.81a(2): Aggravated assault or assault and battery of a spouse or former spouse
  • MCL 750.115(2): Entering structure without permission; breaking and entering or entering without breaking
  • MCL 750.145n(5): Fourth-degree vulnerable adult abuse
  • MCL 750.377a(1)(d): Malicious destruction of property ($200 or more but less than $1,000)
  • MCL 750.377a(1)(f): Malicious destruction of property (less than $200)
  • MCL 750.380(5): Malicious destruction of house, barn, or building ($200 or more but less than $1,000; or less than $200 with one or more prior convictions)
  • MCL 750.380(7): Malicious destruction of house, barn, or building (less than $200)
  • MCL 750.411h(2)(c): Stalking
  • MCL 750.540e(1)(h): Malicious use of a telecommunications service or device

Importantly, under MCL 750.224f(5), amended by 2023 PA 201 (eff. Feb 13, 2024), an offender convicted of a misdemeanor involving domestic violence, as listed above,

shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in this state until the expiration of 8 years after all of the following circumstances exist:

(a) The person has paid all fines imposed for the violation.

(b) The person has served all terms of imprisonment imposed for the violation.

(c) The person has successfully completed all conditions of probation imposed for the violation.

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Other Crimes

In addition to domestic violence measures, 2023 PA 201 (eff. Feb 13, 2024) expands the definition of felony to include violations “punishable by imprisonment for a term exceeding 1 year.” MCL 750.224f(10)(b), amended by 2023 PA 201 (eff. Feb 13, 2024) (emphasis added). Previously, a felony was defined as a violation of law punishable by imprisonment for four or more years. Consequently, 2023 PA 201 increases the number of offenses that fall under the three-year firearms and ammunition prohibition in MCL 750.224f(1).

Juvenile Reforms

Screening Tools and Risk Assessment

2023 PA 287 (eff. Oct 1, 2024) amends the Juvenile Diversion Act, MCL 722.822, .823, .826, and .829, to allow the use of risk and mental health screening tools before a diversion decision for the minor is made. The amended act states that these tools may not be conducted on a minor who is either (1) accused or charged with a specified juvenile violation or (2) currently under supervision in the juvenile justice system by the court or the Department of Health and Human Services. A minor may not be diverted under the act unless a law enforcement official or court intake worker (1) receives the results of a risk screening tool and a mental health screening tool for the minor and (2) uses the results of the risk screening tool and the mental health screening tool as well as the best interests of public safety and the minor to inform the decision to divert the minor.

In addition, 2023 PA 289 (eff. Oct 1, 2024) amends MCL 712A.2f to require a court to consider the results of a screening before placing a juvenile’s case on the consent calendar. The results of a screen under these amendments are confidential case records.

The procedure for juvenile detention has also been modified. 2023 PA 290 (eff. Oct 1, 2024) amends MCL 712A.15 and .16 to state that before a juvenile may be detained in a secure facility pending hearing, an individual or agency must use a detention screening tool on the juvenile. The court then must consult those results and follow any rules regarding their use. The amendments further specify that any statement or incriminating evidence obtained during screening is not admissible as evidence in a court proceeding.

2023 PA 298 (eff. Oct 1, 2024) amends MCL 712A.18 to require a designated, trained individual or agency to conduct a risk and needs assessment for each juvenile before a disposition. The amendment also requires a court to consider the results of the assessment, in addition to other factors, when making a disposition decision. Finally, the amended statute requires an additional assessment if six months have passed, if the juvenile experienced a major life event, or if there was a major change in the juvenile’s proceedings.

Factors to Consider to Try a Juvenile as an Adult

Effective October 1, 2024, 2023 PA 291 amends MCL 712A.2d, .2f, and .4 by modifying the factors a court must consider before trying a juvenile as an adult. These factors now include

  • the seriousness of the alleged offense in terms of community protection;
  • the juvenile’s culpability in committing the alleged offense;
  • the juvenile’s prior record of delinquency that would be a crime if committed by an adult;
  • the juvenile’s programming history, including any out-of-home placement or treatment, and the juvenile’s past willingness to participate meaningfully in available programming;
  • the adequacy of the programming available to rehabilitate and hold accountable the juvenile in the juvenile justice system and the juvenile’s amenability to treatment;
  • the dispositional options available for the juvenile;
  • the juvenile’s developmental maturity, emotional health, and mental health;
  • if the juvenile is a member of a federally recognized Indian tribe, culturally honoring traditional values of the juvenile’s tribe; and
  • the effect on any victim.

See MCL 712A.2d(2)(a)–(i), amended by 2023 PA 291 (eff. Oct 1, 2024).

Time to Complete Diversion

2023 PA 288 (eff. Oct 1, 2024) amends MCL 722.825 and .826 to limit the time a minor has to complete a diversion agreement to not exceed three months unless it is determined that a longer term is necessary.

Delinquent Accounts

2023 PA 292 (eff. Oct 1, 2024) amends MCL 600.4803 to exempt a juvenile or their parent or guardian from a late penalty if the juvenile failed to pay a fee or cost associated with the proceedings in 56 days. Furthermore, 2023 PA 293 (eff. Oct 1, 2024) amends MCL 769.1 to delete certain provisions relating to reimbursement for court fees in a juvenile case.

Crime Victims’ Rights

MCL 760.21b(1), added by 2023 PA 180 (eff. Feb 13, 2024), states in part that “[a] police officer or a prosecuting attorney may provide a domestic or sexual violence service provider agency with the name, demographics, and other pertinent information of, and information to facilitate contact with, a victim of domestic or sexual violence for the purpose of offering supportive services to the victim.”

2023 PA 179 (eff. Feb 13, 2024) amends MCL 780.758, .788, and .818 to specify that certain items already exempted under the Freedom of Information Act, such as pictures, photographs, drawings, or other visual representations, including any film, videotape, or digitally stored image of a victim that is made available through a public court proceeding streamed on the Internet or other means, may be blurred.

2023 PA 178 (eff. Feb 13, 2024) amends MCL 780.765, .793, and .825 to allow a victim to remotely provide an oral impact statement at a disposition or sentencing.

Reproductive Rights

Numerous bills were passed, including 2023 PA 205, 208, and 286 (all effective February 13, 2024), that codify the rights to reproductive freedom and repeal and modify certain acts to reflect this codification. The repealed or modified acts include the following:

  • MCL 333.1081 et seq.: Legal Birth Definition Act
  • MCL 333.1091: Family planning or reproductive services; allocation of funds
  • MCL 550.541 et seq.: Abortion Insurance Opt-Out Act
  • MCL 750.323: Manslaughter; death of quick child or mother from use of medicine or instrument

Hate Crimes

2023 PA 277 (eff. Feb 13, 2024) added MCL 750.147c to the Michigan Penal Code to state that a person is guilty of institutional desecration if the offender “maliciously and intentionally destroys, damages, defaces, or vandalizes, or makes a true threat to destroy, damage, deface, or vandalize” specified institutions identified in MCL 750.147c(1)(a)–(g) “because of the actual or perceived race, color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, or national origin of another individual or group of individuals, regardless of the existence of any additional motivating factors.” The act includes felony and misdemeanor punishments, depending on the dollar value of the property damage or injury.

 

Vulnerable Adults

MCL 750.145h(1), added by 2023 PA 275 (eff. Mar 7, 2024), states in part that “[a] person shall not intentionally or knowingly harass, abuse, threaten, force, coerce, compel, or exploit the vulnerability of a vulnerable adult in a manner that causes the vulnerable adult to provide that person, or any other person, sexually explicit visual material.” The statute also provides for misdemeanor and felony penalties for these offenses.

 

Health Professionals

Numerous bills were passed to protect health professionals and medical volunteers. MCL 750.81, .81a, and .82, which govern assaults, were amended by 2023 PA 271 and 272 (both effective March 5, 2024) to specify that if the victim of an assault is a health professional or medical volunteer and the offense occurs while the victim is performing their duties, the offender is subject to an enhanced penalty. In addition, the statutes require health facilities to post prominent, visible signs about the enhanced penalty.

 

Elections

MCL 168.931b(1), added by 2023 PA 253 (eff. Feb 13, 2024), states in part that “[a]n individual who intimidates an election official because of the election official’s status as an election official, with the specific intent of interfering with the performance of that election official’s election-related duties, is guilty of a crime.” The new law also criminalizes actions that prevent an election official from performing their duties. It does not apply to “constitutionally protected activity,” such as “reporting, news gathering, protesting, lobbying, advocacy,” or other activities of public interest or concern.

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Forensic Science Division – DNA Profiling System

Forensic Science Division – DNA Profiling System

Jan 31, 2024 | Blog, Michigan Laws

The Michigan State Police Forensic Science Division (FSD) DNA Profiling System is a comprehensive program that uses DNA analysis to support criminal investigations throughout the state. The system is housed within the Biometrics and Identification Division (BID), which was formed in 2011 to consolidate the MSP’s forensic resources and expertise.

The FSD DNA Profiling System is comprised of three main components:

DNA laboratories: The MSP operates seven regional forensic laboratories across the state, each of which is equipped to conduct DNA analysis. These laboratories are staffed by highly trained forensic scientists who use cutting-edge technology to extract, analyze, and interpret DNA evidence.

Combined DNA Index System (CODIS): CODIS is a national database that stores DNA profiles from convicted offenders, unsolved crime scenes, and missing persons. The MSP’s CODIS laboratory compares DNA evidence from crime scenes to profiles in the CODIS database to identify suspects or link crimes together.

DNA Database Unit: The DNA Database Unit is responsible for collecting and storing DNA samples from convicted offenders and felony arrestees, as required by state law. The unit also manages the MSP’s CODIS program and provides training and support to law enforcement agencies throughout Michigan.

The FSD DNA Profiling System has been instrumental in solving a wide range of crimes, from homicides and sexual assaults to burglaries and robberies.

In 2020, the MSP’s DNA laboratories processed over 10,000 DNA samples and made over 1,200 CODIS matches.

The FSD DNA Profiling System is a valuable tool for law enforcement in Michigan. It helps to identify suspects, solve crimes, and bring criminals to justice. The system is also a powerful deterrent to crime, as criminals know that their DNA may be used to identify them if they are caught.

Here are some additional details about the FSD DNA Profiling System:

  • The system is accredited by the American Society of Crime Laboratory Directors (ASCLD/LAB).
  • The system is funded by a combination of state and federal grants.
  • The system is available to all law enforcement agencies in Michigan.

Here are the rules

DEPARTMENT OF STATE POLICE  

FORENSIC SCIENCE DIVISION  

DNA PROFILING SYSTEM

(By authority conferred on the department of state police by section 3 of 1990 PA  
250, MCL 28.173) 

R 28.5051 Definitions.  

Rule 1. As used in these rules:  
(a) “CODIS” means the federal bureau of investigation’s combined DNA Index  
System.  
(b) “Offender” means an individual who is required to provide a DNA sample for a  
qualifying offense at arrest or upon conviction or a finding of responsibility under  
1931 PA 328, MCL 750.520m and 1990 PA 250, MCL 28.176(1) or any other applicable  
law.  
(c) “Sample” means a source of cellular DNA that is collected using the DNA  
collection kit provided by the department.  
(d) “Upon conviction” means within a reasonable time after conviction and  
sentencing or disposition, but before the offender’s release or transfer from state or county custody, as applicable.  
(e) “At arrest” means within a reasonable time after arrest, typically during the  
booking process.  
(f) “Designated agency” means the law enforcement agency that is  
responsible for the sample collection and transmittal of the sample to the department.  
(g) “DNA” means deoxyribonucleic acid, the heredity material contained in nuclear 
cells.  
(h) “Department” means the Michigan department of state police.  
(i) “Qualifying offense” means those offenses for which an individual provides a  
sample for DNA testing as required by law at arrest, upon conviction, or upon a  
finding of responsibility.  
(j) “Profile” means the results of the DNA identification profiling of a sample,  
including a paper, electronic, or digital record.  

R 28.5052 Applicability.

Rule 2. These rules apply to the collecting of samples from the following individuals:

(a) Offenders who are arrested for a qualifying offense under 1931 PA 328, MCL  
750.520m(1)(a).  
(b) Offenders who are convicted of a qualifying offense under 1990 PA 250, MCL  
28.176(1)(b).
(c) Offenders who are prisoners and have not already provided a sample as  
required by 1953 PA 232, MCL 791.233d(1) that meets the requirements of these rules.  
(d) Juvenile offenders who are found responsible for a qualifying offense under  
1990 PA 250, MCL 28.176(1)(a) and 1939 PA 288, MCL 712A.18k.  
(e) Juvenile offenders who are under the supervision of the state department or  
county juvenile agency under 1988 PA 73, MCL 803.225a and have not already  
provided a sample that meets the requirements of these rules.  
(f) Juvenile offenders who are public wards under 1974 PA 150, MCL  
803.307a(1) and have not already provided a sample that meets the  
requirements of these rules.

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 28.5053 Responsibility for collecting samples.  

Rule 3.

(1) The departmentshall provide DNA collection kits to eachdesignated agency. Each designated agency shall contact the department to order DNA collection kits. Each agency shall designate a point of contact correspond with the department regarding matters concerning DNA collection. Each agency shall notify the department of the designated point of contact’s name, address, and telephone number at which the department may direct correspondence to the point of contact regarding matters concerning DNA collection. If the designated point of contact has an e-mail address, the address shall also be provided to the department.

(2) DNA collection kits shall be only used for collecting samples from offenders.  
DNA collection kits shall not be used to collect evidentiary samples for submission in criminal cases.

(3) The designated agency shall provide gloves to the individual performing  
the collection. The individual performing the collection shall wear gloves at all times while performing sample collection and packaging.

(4) Each designated agency shall determine if a DNA sample is already on file for  
the offender through the criminal history record. DNA samples shall not be collected when the criminal history record indicates a DNA sample has previously been obtained from the offender.

(5) If a determination is made that sample collection from the offender is required,  
then the following shall apply as to the designated agencies:

(a) When applicable law requires sample collection upon arrest of an offender,  
the investigating law enforcement agency is the designated agency. The collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the arrest.  
(b) When applicable law requires sample collection upon conviction or a finding  
of responsibility, unless otherwise ordered by the court, the investigating law  
enforcement agency is the designated agency. If the designated investigating law  
enforcement agency does not collect a sample from the offender within 15 days of conviction or finding of responsibility, the county sheriff is then the designated agency for collection unless otherwise ordered by the court. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before any transfer or release of the offender, whatever the terms of incarceration. If theoffender will be incarcerated for more than 30 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the conviction or finding of responsibility.

(c) When applicable law requires sample collection before release from serving a term of incarceration in a facility under the control of the county sheriff, the county sheriff is the designated agency. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before any transferor release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 90 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed 90 days prior to the offender’s release.

(d) When applicable law requires sample collection from an offender and the offender is transferred into a facility under the control of the Michigan department of corrections to serve a term of incarceration, the Michigan department of corrections is the designated agency. If the sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 90 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 90 days of receipt of the offender into the facility.

(e) When applicable law requires sample collection from an offender and the offender is serving a term of incarceration in a facility under the control of the Michigan department of corrections, the Michigan department of corrections is the designated agency. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 1 year, the collection of a sample from the offender and transmittal of the sample to the department shall be completed a minimum of 1 year prior to the offender’s release.

(f) When applicable law requires sample collection from an offender and the offender is placed under the supervision of a state department or county juvenile agency or is declared a public ward, the investigating law enforcement agency is the designated agency. Collection of a sample from the offender and transmittal of the sample to the department shall occur before any transfer or discharge from wardship, whatever the term of supervision. If the offender will be under supervision for more than 30 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the offender being placed under supervision.

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R 28.5054 Procedures for sample collection.

Rule 4.

(1) An offender shall be positively identified by the designated agency or its designee before the samples are taken. The state identification number associated with the offender, if there is an assigned state identification number, shall be used for this purpose and recorded in the specified area on the DNA collection card.  

(2) After the offender is positively identified, the designated agency shall collect  
samples from the offender according to the collection instructions included in the  
DNA collection kit. The sample collection shall be performed by the designated agency  
or its designee; however, the designee shall not be the offender. The designated agency  
shall provide gloves to the individual performing the collection. The individual  
performing the collection shall wear gloves at all times while performing sample  
collection and packaging.

(3) Only the DNA collection kit provided by the department shall be used to collect  
samples. 

(4) The DNA collection card shall be completed by the designated agency prior to  
beginning sample collection. All relevant information requested on the DNA collection  
card shall be provided. The DNA collection card shall bear the fingerprint impressions  
of the offender’s thumbs in the spaces indicated on the DNA collection card.

(5) The collecting, labeling, storing, handling, and transmitting of the samples  
collected shall comply with the collection instructions included in the DNA collection  
kit. Within 72 hours of sample collection, the DNA collection kit shall be transmitted  
to the department by hand delivery, U.S. Mail, or certified carrier.

R 28.5055 Profile record storage and access.

Rule 5.

(1) The national DNA database system “CODIS” shall be used to file, catalog, retrieve, and compare DNA profiles.

(2) Access and use of the CODIS system shall be in accordance with federal law, memorandum of understanding with the federal bureau of investigation for participation in CODIS, all applicable CODIS rules, polices or procedures, and any licensing agreements established by the United States government.

R 28.5056 Privacy protection.

Rule 6.

The results of the DNA profiling shall be disclosed only as provided in 1990 PA 250, MCL 28.176(2).

R 28.5057 Authorized use.

Rule 7.

The department shall only use samples and/or test results for the purposes provided in 1990 PA 250, MCL 28.175a (the DNA IDENTIFICATION PROFILING SYSTEM ACT).

R 28.5058 Disposal of samples and profiles.

Rule 8.

A sample or profile shall not be disposed of if the department determines the individual has otherwise become obligated to submit a sample or if the disposal of the sample would destroy sample or data relating to another individual who would otherwise be retained.

If the sample is eligible for disposal, the sample shall be disposed of in the following instances:

(a) Disposal is ordered by a court of proper jurisdiction in accordance with 1990 PA 250, MCL 28.176(10).

(b) The department receives awritten request for disposal from the investigating police agency or prosecutor in accordance with 1990 PA 250, MCL 28.176(11).

(c) The department receives a written request for disposal and a certified copy of a final court order in accordance with 1990 PA 250, MCL 28.176(11)(b).

R 28.5059 Effect of noncompliance with rules.

Rule 9.

The uploading of DNA profiles into the state DNA database may be denied if the designated agency fails to comply with these rules.

SOURCE FOR RULES:  Courtesy of www.michigan.gov/orr

Current PDF

Don’t forget to always check for updates if you are going to use this information for legal purposes and you should probably consult a lawyer.

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The Michigan Rules of Evidence are the rules adopted by the Michigan Supreme Court to govern evidentiary processes throughout Michigan’s judicial system.

Occasionally, the Rules of Evidence require amendments or changes. You can access proposed and recently-adopted orders affecting the Rules of Evidence from this page. There are also more links below at the end of this article.

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Proposed Amendments of MRE 702 and 804 2022-30 –

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Regarding expert witness’s testimony and statements against interest that expose a declarant to criminal liability.

  • Issued: 10/25/2023
  • Comment Period Expiration: 02/01/2024

Proposed Amendment of the Michigan Rules of Evidence 2021-10 –

Proposed Amendment of the Michigan Rules of Evidence

Would restyle the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence.

  • Issued: 03/22/2023
  • Comment Period Expiration: 07/01/2023
  • Public Hearing: 09/20/2023
Actions:

  • Amendments of the Michigan Rules of Evidence

    • Issued: 09/20/2023
    • Effective: 01/01/2024

    ORDER

Komorn Law Established 1993

Proposed Amendments of Rule 410 of the Michigan Rules of Evidence 2020-29 –

2020-29 Proposed Amendments of Rule 410 of the Michigan Rules of Evidence

Would add vacated pleas to the list of guilty pleas that may not be used against defendant and would add a cross-reference to MCR 6.310 regarding withdrawal of a plea to the current reference to statements made under MCR 6.302 in entering a plea.

  • Issued: 06/09/2021
  • Comment Period Expiration: 10/01/2021
  • Public Hearing: 03/16/2022
  • Effective: 10/01/2021

  • Amendment of MRE 410

    • Issued: 03/22/2023
    • Effective: 05/01/2023
      ORDER

    Access Other Proposed & Recently-Adopted Orders

    Michigan Court Rules: Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9

    Michigan Rules of Evidence | Administrative Orders | Local Court Rules | Michigan Rules of Professional Conduct | Rules Concerning the State Bar | Rules for the Board of Law Examiners | Code of Judicial Conduct | Michigan Continuing Judicial Education Rules

    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.

    Here is the link to proposed changes Michigan Court Website

     

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    Evidence in Michigan Courts: Michigan’s Evidence Rules 1001-1008

    Evidence in Michigan Courts: Michigan’s Evidence Rules 1001-1008

    Jan 28, 2024 | Blog, Michigan Rules of Evidence

    Michigan’s Rules of Evidence, established by the Supreme Court, dictate how evidence is presented and admitted in court proceedings. Rules 1001 through 1008, focusing on how written words, recordings, and photographs are treated as evidence.

    Rule 1001: Defining the Terms

    Before diving into details, Rule 1001 lays the groundwork by defining key terms:

      • Writing: Any combination of letters, words, numbers, or their equivalent, regardless of format (handwritten, digital, etc.).
      • Recording: Similar to writing, but encompassing sounds captured in any form (audio tapes, digital recordings, etc.).
      • Photograph: An image or its equivalent stored in any format (printed photographs, digital files, etc.).
    • Original: The primary version of a writing, recording, or photograph, or an authorized duplicate intended to have the same effect. For electronic information, a printout or other readable output that accurately reflects the data constitutes an original.

    Rule 1002: The Quest for the Original

    Generally, Rule 1002 emphasizes using the original document, recording, or photograph as evidence. This ensures authenticity and accuracy. However, exceptions exist:

      • Duplicates: If the original is unavailable or difficult to produce, a duplicate (exact copy) certified by the custodian of the original is admissible.
      • Voluminous Materials: For extensive records like business ledgers, summaries or compilations prepared by a qualified witness using the original are acceptable.
      • Lost or Destroyed Originals: Proof of loss or destruction, coupled with secondary evidence like copies or witness testimony, might allow entry of non-originals.

    Rule 1003: Duplicates Step Up in Absence of Originals

    When the original is unavailable and exceptions in Rule 1002 don’t apply, certified duplicates take center stage under Rule 1003. However, the opposing party has the right to challenge the authenticity of the duplicate.

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    Rule 1004: When Copies Don’t Cut It

    If neither the original nor a certified duplicate are available, Rule 1004 allows “other evidence of contents.” This could include oral testimony about the contents, copies not certified by the custodian, or even handwritten notes summarizing the original. However, such evidence faces a higher bar for admissibility due to concerns about accuracy and trustworthiness.

    Rule 1005: Public Documents Take a Shortcut

    For publicly available documents like government records, certified copies readily obtainable from the custodian bypass the original requirement under Rule 1005.

    Rule 1006: Summaries of voluminous records get a green light

    Rule 1006 reiterates the allowance for summaries of voluminous records if the original would be cumbersome to present. Here, the summary must be prepared by a qualified witness accurately reflecting the original’s substance.

    Rule 1007: Parties Can Speak for Their Words

    Rule 1007 empowers parties in a case to testify about the contents of their own writings, recordings, or photographs. This helps clarify ambiguities or resolve questions about intent.

    Rule 1008: Judge and Jury Take Their Roles

    Finally, Rule 1008 clarifies how judges and juries handle certain issues:

      • The judge decides whether certain conditions are met for admitting evidence of contents under these rules.
      • The jury decides if the writing ever existed, if a presented document is the original, or if secondary evidence accurately reflects the content.

    These eight rules form the foundation for handling written, recorded, and photographic evidence in Michigan courts. Remember, this is just a summary; actual legal proceedings should involve consulting legal professionals for accurate interpretation and application of these rules.

    Komorn Law Established 1993

    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.

    Here is the link to proposed changes Michigan Court Website

     

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    Evidence in Michigan Courts: Rules 901-903 Authenticating Evidence

    Evidence in Michigan Courts: Rules 901-903 Authenticating Evidence

    Jan 27, 2024 | Blog, Michigan Rules of Evidence

    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.

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    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.

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    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.

     

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