The Michigan Supreme Court has adopted amendments to Rules 702 and 804 of the Michigan Rules of Evidence effective May 1, 2024. Michigan Rule of Evidence 702 was amended to conform to the 2023 amendments to Federal Rule of Evidence 702. Like the federal rule, amended Michigan Rule of Evidence 702 makes clear that “the court” must decide admissibility employing the Rule’s standards. Further, the proponent of expert testimony must establish “to the court that it is more likely than not” that all of the rule’s admissibility requirements are met. The Rule reminds courts of their gatekeeping role to ensure the reliability of expert testimony. Finally, the Rule clarifies that an expert’s opinion must reflect a reliable application of principles and methods to the facts of the case. The amendment to Michigan Rule of Evidence 804(b)(4)(B) “requires corroborating circumstances of trustworthiness for any statement against interest that exposes a declarant to criminal liability.”
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