How to Prepare Evidence for Michigan Family Court

The rules of evidence apply

The Michigan Rules of Evidence (MRE) apply to all Michigan court actions unless a rule says otherwise (MRE 1101(a)), and MCR 3.215(D)(1) applies them to domestic relations referee hearings too. Plan your evidence as if every exhibit may be questioned.

Authenticating what you bring

Before an exhibit is considered, you must produce evidence sufficient to support a finding that the item is what you claim it is (MRE 901(a)). Examples in MRE 901(b) include testimony from a witness with knowledge, and distinctive characteristics such as the contents and appearance of the item taken together with the circumstances.

For common family-court exhibits, that usually means:

• Text messages and emails: be ready to testify whose number or account it is and how you know, and keep the dates and times visible on each screenshot.
• Photos: who took them, when, and that they fairly show what they depict.
• School, medical, and daycare records: request copies directly from the source where possible.

Hearsay

Hearsay is a statement the declarant did not make while testifying at the hearing, offered to prove the truth of what it asserts (MRE 801(c)). Under MRE 802, hearsay is not admissible unless the rules provide otherwise. A statement made by the other party and offered against them is not hearsay (MRE 801(d)(2)), which is why the other parent’s own messages are often the most useful exhibits.

What a teacher, relative, or neighbor told you is usually hearsay if you repeat it. If their account matters, ask whether they can testify, or whether a record they made can come in.

Friend of the Court reports and other reports

• FOC investigation reports and support recommendations. The rules of evidence do not apply to the court’s consideration of a report or recommendation submitted by the Friend of the Court under MCL 552.505(1)(g) or (h) (MRE 1101(b)(9)). Before deciding a contested custody matter, the court must give you a chance to review any FOC report and file objections (MCR 3.210(C)(6)).
• Lawyer-guardian ad litem reports. The court may read the report, but cannot admit it into evidence unless all parties stipulate (MCL 722.24(3)).
• FOC dispute resolution reports. Statements in a joint meeting or facilitative conference are not confidential and can be used in court, while FOC mediation communications are confidential (MCR 3.224(F)(1)(c), (G)(2), (H)(2)).
• Support payment records. In a support enforcement proceeding, records from the Michigan child support enforcement system or the state disbursement unit are prima facie authentic (MCL 552.603(13)).

The child's preference

The court may interview a child privately to decide whether the child is old enough to express a preference and, if so, what it is (MCR 3.210(C)(5)). The rules of evidence do not apply to that in camera interview (MRE 1101(b)(6)). The information is used only for the preference factor. Do not coach a child or ask them to provide evidence.

Organizing exhibits

• Group exhibits by the best interest factor in MCL 722.23 they support, or by the specific change in circumstances you allege.
• Label each exhibit and keep a one-page index with the date, what it is, and what it shows.
• Bring enough copies for the judge or referee, the other party, and yourself. Check your court’s local practice for exchanging exhibits before the hearing.
• If you plan to use evidence from a referee hearing at a later judicial hearing, MCR 3.215(D)(4)(c) requires notice to the court and each other party at least 7 days before the judicial hearing.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Michigan Rules of Evidence (MRE 801, 802, 901, 1101)
• MCR 3.210, 3.215, 3.224 (Chapter 3)
• MCL 722.24, lawyer-guardian ad litem report
• MCL 552.603(13), support records