As amended through September 25, 2024
Rule 1101 - Applicability of the Rules(a) Rules Applicable. Except as otherwise provided in subrule (b) or in a rule prescribed by the Supreme Court, these rules apply to all Michigan court actions and proceedings.(b) Rules Inapplicable. The rules - except for those on privilege - do not apply to the following:(1) Preliminary Questions of Fact. The Court's determination under Rule 104(a), on a preliminary question of fact governing admissibility.(2) Grand Jury. Proceedings before grand juries.(3) Miscellaneous Criminal Proceedings. Proceedings for extradition or rendition; sentencing; granting or revoking probation; issuing criminal summonses, arrest warrants, and search warrants; and proceedings for release on bail or otherwise.(4) Contempt Proceedings. Contempt proceedings in which the court may act summarily.(5) Small claims. Proceedings in the 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 whenever MCR subchapter 3.900 states that the Michigan Rules of Evidence do not apply.(8) Preliminary examinations - Property Matters. At a preliminary examination in a criminal case, during which hearsay is admissible to prove the ownership, value, or possession of - or right to use or enter - property.(9) Domestic Relations Matters. The court's consideration of a report or recommendation submitted by the friend of the court Under MCL 552.505(1)(g) or (h).(10) Mental - Health Hearings - Opinion Testimony. In hearings under Chapters 4, 4A, 5, and 6 of the Mental Health Code, MCL 330.1400et seq., during which the court may consider hearsay data that are part of the basis for the opinion presented by a testifying mental health expert.Amended September 20, 2023, effective 1/1/2024.