Michigan divorce evidence – The Michigan Rules of Evidence
The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence. The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial. Imagine wanting to introduce very important evidence only to have it excluded by a court because you do not understand the rules of Michigan divorce evidence. Michigan divorce evidence must be properly submitted to the court or it can be excluded.
Michigan divorce evidence begins with the first rule of evidence Rule 101 and ends with Rule 1102. Simply put, submitting Michigan divorce evidence requires an understanding of a lot of rules of evidence. So many, that law students devote up to one year studying the Michigan Rules of Evidence. There are also special rules of evidence. It’s complicated.
So what are the major rules pertaining to Michigan divorce evidence that clients and practitioners should be aware of? There are many, but we will cover some of the big rules. Since Michigan divorce evidence is very complex with many exceptions, consider this as an overview of Michigan divorce evidence and not a complete guide.
- Rule 401. Definition of Relevant Evidence: Relevant evidence means any evidence having a tendency to make the existence of any fact more or less probable.
- Rule 408. Compromise and offers to compromise: Offers of settlement are not admissible as evidence.
- Rule 501. Privilege: As a general rule, certain communications such as doctor patient are inadmissible into evidence.
- Rule 801: Hearsay: Hearsay is an out of court statement offered to prove the truth of the matter asserted.
- Rule 801(d)(1): Prior statements of a witness are not hearsay provided the statement was under oath and subject to cross examination.
- Rule 801(d)(2): Admission of a party opponent is generally not considered hearsay.
- Rule 803: This rule contains 24 exceptions to the hearsay rule, such as present sense impression, an excited utterance, records of vital statistics and business records.
- Rule 804: This rule contains hearsay exceptions when someone is not available to testify such as a dying declaration.
- Rule 901: Authentication: Evidence cannot be admitted unless it is first authenticated and this rule sets forth the authentication requirements.
- Rule 902: Self-Authentication: Some evidence such as public documents under seal are self-authenticating.
Since Michigan divorce evidence is complicated, technical and precise, care must be taken anytime evidence is trying to be admitted in court or you risk having evidence that can make or break your case excluded. It happens every day in court. An understanding of Michigan divorce evidence is important to understand anytime someone is trying to prove a fact in a Michigan divorce case.
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By: Daniel Findling