Mich. R. Evid. 801

As amended through November 20, 2024

Rule 801 - Definitions That Apply to Rules 801-807; Exclusions from Hearsay

The following definitions apply under Rules 801-807:

(a) Statement. "Statement" means a person's oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.

(b) Declarant. "Declarant" means the person who made the statement.

(c) Hearsay. "Hearsay" means a statement that:

(1) the declarant does not make while testifying at the current trial or hearing; and

(2) a party offers in evidence to prove the truth of the matter asserted in the statement.

(d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:

(1) A Declarant-Witness's Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:

(A) is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;

(B) is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or

(C) identifies a person as someone the declarant perceived earlier.

(2) An Opposing Party's Statement. The statement is offered against a n opposing party and :

(A) was made by the party in an individual or representative capacity, except a statement made in connection with:

(i) a guilty plea to a misdemeanor motor - vehicle violation; or

(ii) an admission of responsibility for a civil infraction under a motor-vehicle law;

(B) is one the party manifested that it adopted or believed to be true;

(C) was made by a person whom the party authorized to make a statement on the subject;

(D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or

(E) was made by the party's coconspirator during and in furtherance of the conspiracy, if there is independent proof of the conspiracy.

Mich. R. Evid. 801

Amended September 20, 2023, effective 1/1/2024; amended April 11, 2024, effective 4/11/2024.