Current through Vol. 24-21, December 1, 2024
Section R. 418.98 - Testimonial evidenceRule 18.
(1) The testimony of all witnesses must be upon oath or affirmation.(2) Witnesses must be sequestered at the request of a party or by the magistrate on his or her own initiative.(3) Opposing parties are entitled to cross-examine witnesses subject to the provisions of R 418.94(2).(4) The testimony of medical experts and vocational consultants may be taken by deposition. A party taking a deposition shall give reasonable notice to all parties. The magistrate may limit the time, manner, and place where the deposition occurs.(5) At the discretion of the magistrate, other witnesses may testify by deposition before trial. The magistrate may limit the time, manner, and place where the deposition testimony occurs.(6) At the discretion of the magistrate, and for good cause shown, the testimony of medical experts and vocational consultants not presented at the scheduled trial date may be taken by deposition after the conclusion of the lay testimony in accordance with the following: (a) The plaintiff shall take such depositions within 42 days after the trial date.(b) The defendants shall take such depositions within 56 days after the trial date.(c) Transcripts must be filed with the magistrate within 72 days of the completion of lay testimony.(7) All depositions taken in advance of the trial date must be filed with the magistrate on the trial date. Mich. Admin. Code R. 418.98
2021 MR 21, Eff. 11/12/2021