Glossary
B
•For purposes of MRE 803(6), business “includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.” MRE 803(6).
C
•For purposes of the Michigan Rules of Evidence, civil case “means a civil action or proceeding.” MRE 101(c)(1).
•For purposes of MCL 766.11b, controlled substance “means that term as defined under . . . MCL 333.7104.” MCL 766.11b(3). MCL 333.7104 defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201, et seq.]” MCL 333.7104(3).
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., conviction “means a plea of guilty, guilty but mentally ill, or nolo contendere if accepted by the court, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill for a criminal law violation, or a juvenile adjudication or disposition for a criminal law violation that if committed by an adult would be a crime.” MCL 28.172(a).
•For purposes of MCL 28.173(a)(iii), county juvenile agency is “that term as defined in . . . MCL 45.622.” MCL 28.173(a)(iii). MCL 45.622 defines county juvenile agency as “a county that has approved a resolution in accordance with [MCL 45.623].” MCL 45.622(a).
•For purposes of the Michigan Court Rules, court records “are defined by MCR 8.119 and [MCR 1.109(A)]” and “are recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules. Court records may be created using any means and may be maintained in any medium authorized by these court rules provided those records comply with other provisions of law and these court rules.
(a) Court records include, but are not limited to:
(i) documents, attachments to documents, discovery materials, and other materials filed with the clerk of the court,
(ii) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records.
(b) For purposes of this subrule:
(i) Documents include, but are not limited to, pleadings, orders, and judgments.
(ii) Recordings refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.
(iii) Data refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.
(iv) Other recorded information includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.” MCR 1.109(A)(1)
Court records do not include discovery materials that are not filed with the clerk of the court or exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding. MCR 1.109(A)(2).
•For purposes of MCL 600.2163a, courtroom support dog “means a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018.” MCL 600.2163a(1)(a).
•For purposes of the Michigan Penal Code, MCL 750.1 et seq., crime “means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following:
(a) Imprisonment
(b) Fine not designated a civil fine.
(c) Removal from office.
(d) Disqualification to hold an office of trust, honor, or profit under the state.
(e) Other penal discipline.” MCL 750.5.
•For purposes of the Michigan Rules of Evidence, criminal case “includes a criminal proceeding.” MRE 101(c)(2).
•For purposes of MCL 763.8–MCL 763.10, custodial detention “means an individual's being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the circumstances, reasonably could believe that he or she is under a law enforcement official's control and is not free to leave.” MCL 763.7(a).
D
•For purposes of MCL 768.27b(6)(b)(iv) and MCL 768.27c(5)(c)(iv), dating relationship “means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 768.27b(6)(b)(iv); MCL 768.27c(5)(c)(iv).
•For purposes of MRE 801–MRE 807, declarant “means the person who made the statement.” MRE 801(b).
•For purposes of MCL 768.27c, declarant “means a person who makes a statement.” MCL 768.27c(5)(a).
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., department “means the department of state police.” MCL 28.172(b).
• For purposes of MCL 600.2163a, developmental disability “means that term as defined in . . . MCL 330.1100a, except that, for the purposes of implementing [MCL 600.2163a], developmental disability includes only a condition that is attributable to a mental impairment or to a combination of mental and physical impairments and does not include a condition attributable to a physical impairment unaccompanied by a mental impairment.” MCL 600.2163a(1)(c).
•For purposes of MCL 750.145m, developmental disability “means that terms as defined in . . . MCL 330.1500.” MCL 750.145m(d). Note that MCL 330.1500 does not include a definition for developmental disability.
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., DNA identification profile “means the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record.” MCL 28.172(c). See also MCL 750.520m(9)(a).
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., DNA identification profiling “means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample.” MCL 28.172(d). See also MCL 750.520m(9)(a).
•For purposes of the Michigan Court Rules, document “means a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 81/2 x 11 inch paper without manipulation.” MCR 1.109(B).
•For purposes of MCL 768.27b and MCL 768.27c, domestic violence “means an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27b(6)(a); MCL 768.27c(5)(b).
•For purposes of MRE 1001–MRE 1008, duplicate “means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.” MRE 1001(e).
F
•For purposes of MCL 600.2155, family “means spouse, parent, grandparent, stepmother, stepfather, child, adopted child, grandchild, brother, sister, half brother, half sister, father-in-law, or mother-in-law.” MCL 600.2155(3).
•For purposed of MCL 768.27b and MCL 768.27c, family or household member “means any of the following:
(i) A spouse of former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child in common.
(iv) An individual with whom the person has or has had a dating relationship.” MCL 768.27b(6)(b); MCL 768.27c(5)(c).
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., felony “means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 28.172(e).
•For purposes of the Code of Criminal Procedure, felony “means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f).
•For purposes of the Michigan Court Rules, filed with the court means “[p]leadings and other documents and materials filed with the court as required by these court rules must be filed with the clerk of the court in accordance with MCR 1.109(D), except that the judge to whom the case is assigned may accept materials for filing when circumstances warrant. A judge who does so shall note the filing date on the materials and immediately transmit them to the clerk. It is the responsibility of the party who presented the materials to the judge to confirm that they have been filed with the clerk. If the clerk records the receipt of materials on a date other than the filing date, the clerk shall record the filing date in the case history.” MCR 1.109(C).
H
•For purposes of MRE 801–807, 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.” MRE 801(c).
I
•For purposes of MCL 763.8–MCL 763.10, interrogation “means questioning in a criminal investigation that may elicit a self-incriminating response from an individual and includes a law enforcement official's words or actions that the law enforcement official should know are reasonably likely to elicit a self-incriminating response from the individual.” MCL 763.7(b).
Investigating law enforcement agency
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., investigating law enforcement agency “means the law enforcement agency responsible for the investigation of the offense for which the individual is arrested or convicted” and “includes the county sheriff but does not include a probation officer employed by the department of corrections.” MCL 28.172(f).
L
•For purposes of MCL 763.8–MCL 763.10, law enforcement official “means any of the following:
(i) A police officer of this state or a political subdivision of this state as defined in . . . MCL 28.602.
(ii) A county sheriff or his or her deputy.
(iii) A prosecuting attorney.
(iv) A public safety officer of a college or university.
(v) A conservation officer of the department of natural resources and environment.
(vi) An individual acting under the direction of a law enforcement official described in subparagraphs (i) to (v).” MCL 763.7(c).
•For purposes of MCL 768.27a, listed offense “means that term as defined in . . . MCL 28.722.” MCL 768.27a(2)(a). MCL 28.722(i) defines listed offense as “a tier I, tier II, or tier III offense.” Tier I, II, and IIII offenses are further defined in MCL 28.722.
M
•For purposes of MCL 763.8–MCL 763.10, major felony “means a felony punishable by imprisonment for life, for life or any term of years, or for a statutory maximum of 20 years or more, or a violation of . . . MCL 750.520d.” MCL 763.7(d).
•For puposes of MCL 763.8–MCL 763.10, major felony recording “means the interrogation recording required under [MCL 763.8] or a duplicate of that recording.” MCL 763.7(e).
•For purposes of MCL 750.145m, mental illness “means that term as defined in . . . MCL 330.1400.” MCL 750.145m(i). MCL 330.1400 defines mental illness as “a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” MCL 330.1400(g).
•For purposes of MCL 768.27a, minor “means an individual less than 18 yeas of age.” MCL 768.27a.
O
Offense involving domestic violence
•For purposes of MCL 768.27b and MCL 768.27c, offense involving domestic violence “means an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27b(6)(a); MCL 768.27c(5)(b).
•For purposes of MRE 1001–MRE 1008, “an original of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically-stored information, original means any printout—or other output readable by sight—if it accurately reflects the information. An original of a photograph includes the negative or any print from it.” MRE 1001(d) (quotation marks omitted) (emphasis added).
P
•For purposes of subchapter 2.400 of the Michigan Court Rules, participants “include, but are not limited to, parties, counsel, and subpoeanaed winesses, but do not include the general public.” MCR 2.407(A)(1).
•For purposes of MCL 750.145m, personal care “means assistance with eating, dressing, personal hygiene, grooming, or maintenance of a medication schedule as directed and supervised by a vulnerable adult’s physician.” MCL 750.145m(m).
•For purposes of MRE 1001–MRE 1008, photograph “means a photographic image or its equivalent stored in any form.” MRE 1001(c).
•For purposes of MCL 763.8–MCL 763.10, place of detention “means a police station, correctional facility, or prisoner holding facility or another governmental facility where an individual may be held in connection with a criminal charge that has been or may be filed against the individual.” MCL 763.7(f).
•For purposes of MCR 6.006, preferred mode means “scheduled to be conducted remotely subject to a request under MCR 2.407(B)(4) to appear in person by any participant, including a victim as defined by [MCL 780.752(1)(m)], or a determination by the court that a case is not suited for videoconferencing under MCR 2.407(B)(5).” MCR 6.006(B)(2); MCR 6.006(C)(1).
•For purposes of the Michigan Rules of Evidence, public office “includes a public agency.” MRE 101(c)(3).
R
•For purposes of the Michigan Rules of Evidence, record “includes a memorandum, report, or data compilation.” MRE 101(c)(4).
•For purposes of MRE 1001–MRE 1008, recording “consists of letters, words, numbers, or their equivalent recorded in any manner.” MRE 1001(b).
•For purposes of the Michigan Rules of Evidence, relevant evidence “means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” MRE 401.
Rule prescribed by the Supreme Court
•For purposes of the Michigan Rules of Evidence, rule prescribed by the Supreme Court “means a rule adopted by the Michigan Supreme Court.” MRE 101(c)(5).
S
•For purposes of the DNA Identification Profiling System Act, MCL 28.171 et seq., sample “means a portion of an individual’s blood, saliva, or tissue collected from the individual.” MCL 28.172(g).
•For purposes of MCL 768.27b, sexual assault “means a listed offense as that term is defined in . . . MCL 28.722.” MCL 768.27b(6)(c). MCL 28.722(i) defines listed offense as “a tier I, tier II, or tier III offense.” Tier I, II, and IIII offenses are further defined in MCL 28.722.
Standardized field sobriety test
•For purposes of the Michigan Vehicle Code, standardized field sobriety test “means 1 of the standardized tests validated by the National Highway Traffic Safety Administration. A field sobriety test is considered a standardized field sobriety test under this section if it is administered in substantial compliance with the standards prescribed by the National Highway Traffic Safety Administration.” MCL 257.62a.
•For purposes of MRE 801–MRE 807, statement means “a person’s oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.” MRE 801(a).
U
•For purposes of MRE 804, a declarant is unavailable as a witness “if the declarant:
(1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies;
(2) refuses to testify about the subject matter despite a court order to do so;
(3) testifies to not remembering the subject matter;
(4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or
(5) is absent from the trial or hearing, and
(A) the statement’s proponent has not been able, by process or other reasonable means, to procure:
(i) the declarant’s attendance, in the case of a hearsay exception under [MRE 804(b)(1) or MRE 804(b)(6)]; or
(ii) the declarant’s attendance or testimony, in the case of a hearsay exception under [MRE 804(b)(2)-(4)]; and
(B) in a criminal case, the proponent shows due diligence.
But [MRE 804(a)] does not apply if the statement’s proponent procured or wrongfully caused the declarant’s unavailability as a witness in order to prevent the declarant from attending or testifying.” MRE 804(a).
•For purposes of MRE 804(b)(2), unavailability of a witness “also includes situations in which:
(A) the witness is more than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the witness’s absence was procured by the party offering the deposition; or
(B) on motion and notice, exceptional circumstances make it desirable—in the interests of justice and with due regard to the importance of presenting witnesses’ testimony orally in open court—to allow the deposition to be used.” MRE 804(b)(2)(A)-(B).
V
•For purposes of subchapter 2.400 of the Michigan Court Rules, videoconferencing “means the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
•For purposes of MCL 600.2163a, videorecorded statement “means a witness's statement taken by a custodian of the videorecorded statement as provided in [MCL 600.2163a](7). Videorecorded statement does not include a videorecorded deposition taken as provided in [MCL 600.2163a](20) and [MCL 600.2163a](21).” MCL 600.2163a(1)(e).
•For purposes of MCL 600.2163a, vulnerable adult “means that term as defined in . . . MCL 750.145m.” MCL 600.2163a(1)(f). MCL 750.145m(u) defines vulnerable adult as “(i) [a]n individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently, (ii) [a]n adult as defined in . . . MCL 400.703, [or] (iii) [a]n adult as defined in . . . MCL 400.11.”
W
•For purposes of MCL 600.2163a, witness “means an alleged victim of an offense listed under subsection (2) who is any of the following:
(i) A person under 16 years of age.
(ii) A person 16 years of age or older with a developmental disability.
(iii) A vulnerable adult.” MCL 600.2163a(1)(g).
•For purposes of MRE 1001–MRE 1008, writings “consists of letters, words, numbers, or their equivalent set down in any form.” MRE 1001(a).