Changes to MRE

Written on January 13, 2004 by David C. Sarnacki

Recent changes to the Michigan Rules of Evidence include:

Expert testimony (1/1/2004)
MRE 702–amended to emphasize the trial judge’s gatekeeping role in excluding unproven expert theories and methodologies. See Daubert v Merrell Dow Pharmaceuticals, Inc., 509 US 579 (1993); Kumho Tire Co v Carmichael, 526 US 137 (1999).

Bases of expert testimony (9/1/2003)
MRE 703–amended to exclude opinions based on facts or data not in evidence. See MRE 1101 amendment.

Friend of the Court (FOC) reports (9/1/2003)
MRE 1101–amended to allow trial judges to consider FOC reports prepared pursuant to MCL 552.505(1)(g, h).

Posted in Procedures/Rules