Evidence and Discovery

A Admissible Evidence Link

Evidence that meets the legal requirements for presentation at trial under the Michigan Rules of Evidence (MRE). Admissibility depends on relevance (MRE 401), the absence of unfair prejudice (MRE 403), compliance with hearsay rules (MRE 801-807), and other requirements.

A Affidavit Link

A written statement of facts made voluntarily and confirmed by the oath or affirmation of the person making it (the affiant), before a notary public or other authorized officer. Affidavits are used to support motions, establish facts without live testimony, and in some cases to satisfy statutory requirements (e.g., the affidavit of merit in medical malpractice cases).

A Affidavit of Merit Link

In Michigan medical malpractice cases, the plaintiff must file a signed affidavit from a qualified medical expert at the time the complaint is filed (MCL 600.2912d). The affidavit must state that the expert has reviewed the applicable records, is familiar with the applicable standard of care, and believes there is a reasonable probability that the defendant breached that standard and caused the plaintiff's injury. Failure to file a proper affidavit is grounds for dismissal.

See also

• Notice of Intent
• Medical Malpractice

C Chain of Custody Link

The documented, chronological sequence of persons who had custody of physical evidence from the time it was collected through trial. Maintaining an unbroken chain of custody is essential for physical evidence - including surveillance video, vehicle black box data, medical devices, and drug evidence - to be admissible at trial.

C Character Evidence Link

Evidence of a person's general character traits, offered to show that they acted consistently with those traits on a particular occasion. Under MRE 404, character evidence is generally not admissible in civil cases to prove conduct, with narrow exceptions.

C Circumstantial Evidence Link

Evidence that requires drawing an inference to connect it to a conclusion of fact. Circumstantial evidence can be just as powerful as direct evidence. Most civil cases are built on circumstantial evidence combined with direct evidence.

D Daubert/Kumho Standard Link

The standard for admissibility of expert testimony in federal courts under FRE 702 (and applicable through MRE 702 in some Michigan courts), requiring that expert testimony be based on sufficient facts, derived from reliable methodology, and reliably applied to the facts of the case. Trial judges serve as "gatekeepers" to prevent unreliable expert testimony from reaching the jury.

D Direct Evidence Link

Evidence that directly establishes a fact without requiring an inference - such as eyewitness testimony, a video recording of an incident, or a written confession.

E Electronic Discovery (e-Discovery) Link

The identification, preservation, collection, and production of electronically stored information (ESI) - including emails, text messages, social media posts, surveillance video, GPS data, and electronic health records - in litigation. Failure to preserve relevant ESI can result in sanctions, adverse inference instructions, or other serious consequences.

H Hearsay Link

An out-of-court statement made by a person other than the witness testifying, offered to prove the truth of the matter asserted. Hearsay is generally inadmissible under MRE 802, but there are numerous exceptions under MRE 803 and 804 - including excited utterances, present sense impressions, business records, and statements against interest.

L Lay Witness Link

See: Lay Witness in General Legal Process section above

P Privilege Link

A legal protection that prevents compelled disclosure of certain communications. The attorney-client privilege protects confidential communications between an attorney and their client. The work-product doctrine protects materials prepared by an attorney in anticipation of litigation. Medical privilege protects confidential patient-physician communications in some circumstances.

S Spoliation of Evidence Link

The destruction, concealment, or significant alteration of evidence relevant to litigation. When a party destroys relevant evidence, the court may instruct the jury to infer that the destroyed evidence was unfavorable to the party that destroyed it (an adverse inference instruction). In egregious cases, the court may sanction the spoliating party by striking their defenses or entering a default judgment.

This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.