Mich. Admin. Code R. 418.92 - Exhibit admissibility hearing

Rule 12.

(1) After the parties have had a reasonable opportunity to gather and exchange existing medical and other documents upon stipulation of the parties, upon the motion of a party, or at the discretion of the magistrate, the magistrate may schedule, at a date, time, and place convenient to the parties, a hearing to determine admissibility at trial of any specific proposed exhibit.

(2) A party seeking to introduce any specific proposed exhibit under this rule shall provide a copy of such exhibit, unless previously furnished to all other parties, at least 14 days prior to the exhibit admissibility hearing.

(3) Any objections to the proposed exhibit must be made by the parties at or before the hearing and ruled upon by the magistrate consistent with R 418.97. Upon finding that a proposed exhibit under this rule is not authentic or was created specifically for purposes of the litigation, the magistrate may exclude the proposed exhibit. Any decision on any objections are subject to R 418.90(5) and (6).

(4) All exhibits found admissible by the magistrate must be identified with specificity in an order and admitted at the time of trial.

(5) A party may attempt to cure or remedy any sustained objections to the admission of exhibit raised by an opposing party at the exhibit admissibility hearing. This rule does not preclude a magistrate from subsequently admitting the proposed documents once the parties have had the opportunity to cure or remedy any objections raised. This rule does not preclude a party from offering other documentary evidence prior to the JFPTC or during trial.

(6) If an exhibit is found to be admissible, any party opposing admission of the exhibit may schedule the deposition of the person or entity that prepared the record at that party's expense. The magistrate may limit the physician charges for such cross examination to a reasonable fee under section 858 of the act, MCL 418.858. The party offering the evidence is entitled to examine the person or entity during such a deposition.

Notes

Mich. Admin. Code R. 418.92

2021 MR 21, Eff. 11/12/2021