May 14, 2001

99-10                                        

Amendment of Rule 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 amendment of Rule 1101 of the
Michigan Rules of Evidence is adopted, to be effective
immediately.
           [The language is added as indicated below.]

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)-(7)  [Unchanged.]
          
          (8)     Preliminary examinations.  At
     preliminary examinations in criminal cases, hearsay is
     admissible to prove, with regard to property, the
     ownership, authority to use, value, possession and
     entry.
Staff Comment:  MRE 1101(8) was added effective May 14,
2001.  In property crime cases, it allows the use of hearsay to
prove certain elements of property crimes at the preliminary
examination. 

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.