Mich. Admin. Code R. 418.97 - Evidence admissibility; objections, submission in written form

Rule 17.

(1) Except as provided in these rules, the Michigan rules of evidence, as applied in a civil case in circuit court, must be followed in all proceedings as far as practicable, but a magistrate may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(2) The following governs admissibility of medical records at trial:

(a) Absent an objection sustained by the magistrate, authenticated treating medical records, including bills, must be admitted.

(b) A report of an independent medical examiner under section 385 of the act, MCL 418.385, shall be admitted into evidence if offered by the injured employee. A report by an independent medical examiner requested by the injured employee must be admitted into evidence if offered by defendant.

(c) Properly authenticated diagnostic reports must be admitted into evidence if prepared by treating medical providers and commonly relied upon by other treating physicians including, but not limited to, x-rays, MRI reports, CT scans, EMG's, nerve conduction studies, ultrasounds, and laboratory results.

(3) Expert testimony may be admitted without satisfying Daubert v Merrell Dow Pharmaceuticals, Inc,509 US 579, 589; 113 S Ct 2786; 125 L Ed 2d 469 (1993).

(4) Effect is given to the rules of privilege recognized by law.

(5) A duly executed certificate on the agency subpoena form satisfies the authentication requirement for records.

(6) Objections to, and rulings on, offers of evidence must be made on the record.

Notes

Mich. Admin. Code R. 418.97

2021 MR 21, Eff. 11/12/2021