Michigan Mock Trial Rules

Key Differences from Federal Rules of Evidence

• Michigan applies a Daubert-like standard for expert testimony under MRE 702 as revised in 2004, departing from the earlier Frye general acceptance approach after the legislature adopted reliability-based criteria
• MRE 803A provides a unique hearsay exception for statements by children under 10 describing sexual acts in abuse cases
• Michigan retains MRE 803(6) business records exception but requires a stricter foundation than the federal counterpart regarding regularity of the recording practice

Notable Rules

Key Features

• Michigan Circuit Courts are the trial courts of general jurisdiction; District Courts handle misdemeanors and civil cases under $25,000
• Case evaluation (mediation) panels are used extensively; parties rejecting evaluations face cost sanctions if they fail to improve their position at trial
• Michigan permits extensive attorney-conducted voir dire under MCR 2.511

• Civil juries consist of 6 jurors; verdict requires 5 of 6 to agree
• Criminal felony juries require 12 jurors with unanimous verdict
• Lesser offenses (misdemeanors tried in District Court) may use 6 jurors