Michigan Laws 600.2101 – Cases tried without jury; objections to testimony or evidence; exclusion of testimony from record; taking of excluded testimony; return of excluded testimony to court of appeals or supreme court
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Terms Used In Michigan Laws 600.2101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
In all cases tried without a jury, the court shall rule upon all objections to the competency, relevancy, or materiality of testimony, or evidence offered; and in all cases where the court is of the opinion that any testimony offered is incompetent, irrelevant, or immaterial, the same shall be excluded from the record. If the testimony so offered and excluded is brief, the court may in its discretion permit the same to be taken down by the reporter or recorder separate and apart from the testimony received in the case; and in case of appeal, the excluded testimony may be returned to the appellate court under the certificate of the trial court. If the excluded testimony is not taken and returned to the court of appeals or supreme court on appeal, and upon the hearing of the appeal, the court of appeals or supreme court shall be of the opinion that the testimony is competent and material, it may order that the testimony be taken by deposition or under a reference, and returned to the court.