What are the rules of evidence in civil procedure?

In Michigan civil procedure, the rules of evidence govern the presentation of facts in court. This includes what type of evidence is allowed to be presented, how it is introduced, and how it is examined. Generally, the courts only allow evidence that is relevant to the case at hand and that will help the trier of fact (judge or jury) make a decision. Evidence may include documents, photographs, recordings, and witness testimony. Witnesses may give testimony about facts, the authenticity of documents, and expert opinions. Witness testimonies must be relevant to the case, and the witness must be present in court to answer questions. Additionally, any evidence presented must be authenticated. In other words, the party introducing the evidence must identify it and authenticate that it is accurate. To ensure that evidence presented is reliable and trustworthy, Michigan courts have also laid out rules of relevancy and admissibility. For example, hearsay evidence is not allowed—which is evidence that is based on another person’s statements and not based on the direct knowledge of the witness providing the evidence. Additionally, evidence is not admissible if it is obtained illegally or in violation of the defendant’s constitutional rights. Within the rules of evidence, Michigan civil procedure also outlines who has the burden of proof in a civil case. Generally, the burden of proof is on the plaintiff—the person bringing the lawsuit—to prove their case. The plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the evidence supports the plaintiff’s claims.

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What are the rules of evidence in civil procedure?

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