March 25, 2003
 
 
 
 
 1999-10
 
 Amendment of Rules 703 and 1101 
 of the Michigan Rules of Evidence
                                                          
 
           On order of the Court, notice of the proposed changes and an opportunity
 for comment in writing and at a public hearing having been provided, and
 consideration having been given to the comments received, the following amendments
 of the Michigan Rules of Evidence are adopted, effective September 1, 2003.
 

ICLE Editor's Note:
 
 
 [Italicized, bracketed text] indicates text that has been deleted.
 
 Bold text  indicates new text.
 

 
 [The present language of MRE 703 and 1101 is amended as indicated below.]
 
 Rule 703  Bases of Opinion Testimony by Experts
 
      The facts or data in the particular case upon which an expert bases an opinion or
 inference [may be those perceived by or made known to the expert at or before the
 hearing] shall be in evidence. [The court may require that underlying
 facts or data essential to an opinion or inference be in evidence.] This rule
 does not restrict the discretion of the court to receive expert opinion testimony subject
 to the condition that the factual bases of the opinion be admitted in evidence
 thereafter.
 
 
 Rule 1101 Applicability
 
      (a)  [Unchanged.]
 
      (b)  Rules inapplicable.  The rules other than those with respect to privileges
 do not apply in the following situations and proceedings:
 
           (1) - (8) [Unchanged.]
 
           (9)     Domestic Relations Matters.  The court's consideration
 of a report or recommendation submitted by the friend of the court pursuant to MCL
 552.505(1)(d) or (e).
           (10)    Mental Health Hearings.  In hearings under
 Chapters 4, 4A, 5, and 6 of the Mental Health Code, MCL 330.1400 et seq., the court
 may consider hearsay data that are part of the basis for the opinion presented by a
 testifying mental health expert.
 
 
      Staff Comment: The March 25, 2003, amendments of MRE 703 and
 1101, effective September 1, 2003, were recommended by the Advisory Committee on
 the Michigan Rules of Evidence appointed by the Supreme Court.  (See January 28,
 2003, follow-up report from Honorable William J. Giovan, advisory committee chair,
 at
 http://www.courts.michigan.gov/supremecourt/Resources/Administrative/index.htm.) 
 The modification of MRE 703 corrects a common misreading of the rule by allowing
 an expert's opinion only if that opinion is based exclusively on evidence that has been
 introduced into evidence in some way other than through the expert's hearsay
 testimony.  New MRE 1101(b)(9) allows a trial judge to consider a friend of the court
 report prepared pursuant to MCL 552.505(1)(d) or (e), which "may include reports and
 evaluations by outside persons or agencies if requested by the parties or the court." 
 New MRE 1101(b)(10) allows probate judges who are conducting preliminary mental
 health hearings to consider expert opinions that otherwise would be excluded by MRE
 703 because the opinions are based on hearsay information.       
 
 
 The staff comment is published only for the benefit of the bench and bar and is not an
 authoritative construction by the Court.