§ RULE 1101. APPLICABILITY

Codes > Michigan Rules of Evidence > Rules 1101-1102 > RULE 1101.

RULE 1101. APPLICABILITY

(a) Rules Applicable. Except as otherwise provided in subdivision (b), these rules apply to all actions and proceedings in the courts of this state.

(b) Rules Inapplicable. The rules other than those with respect to privileges do not apply in the following situations and proceedings:

(1) Preliminary Questions of Fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).

(2) Grand Jury. Proceedings before grand juries.

(3) Miscellaneous Proceedings. Proceedings for extradition or rendition; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

(4) Contempt Proceedings. Contempt proceedings in which the court may act summarily.

(5) Small Claims. Small claims division of the district court.

(6) In Camera Custody Hearings. In camera proceedings in child custody matters to determine a child's custodial preference.

(7) Proceedings involving juveniles. Proceedings in the family division of the circuit court wherever MCR subchapter 3.900 states that the Michigan Rules of Evidence do not apply.

(8) Preliminary examinations. At preliminary examinations in criminal cases, hearsay is admissible to prove, with regard to property, the ownership, authority to use, value, possession and entry.

(9) Domestic Relations Matters. The court's consideration of a report or recommendation submitted by the friend of the court pursuant to MCL 552.505(1)(g) or (h).

(10) Mental Health Hearings. In hearings under Chapters 4, 4A, 5, and 6 of the Mental Health Code, MCL 330.1400 et seq., the court may consider hearsay data that are part of the basis for the opinion presented by a testifying mental health expert.