January 23, 2002



01-29                                        



Proposed Amendment of
Rule 702 of the Michigan 
Rules of Evidence
__________________________


          On order of the Court, this is to advise that the Court
is considering an amendment of Rule 702 of the Michigan Rules of
Evidence.  Before determining whether the proposal should be
adopted, changed before adoption, or rejected, this notice is
given to afford interested persons the opportunity to comment. 
The Court welcomes the views of all who wish to address the form
or the merits of the proposal or to suggest alternatives.  Before
adoption or rejection, the proposal will be considered by the
Court at a public hearing.  Notice of future public hearings will
be provided by the Court and posted on the Court's website,
www.supremecourt.state.mi.us. 

          Publication of this proposal does not mean that the
Court will issue an order on the subject, nor does it imply
probable adoption of the proposal in its present form.


            [The present language of Rule 702 would be
     amended as indicated below.]

Rule 702   Testimony by Experts

If the court determines that recognized scientific, technical, or
other specialized knowledge will assist the trier of fact to
understand the evidence or to determine a fact in issue, a
witness qualified as an expert by knowledge, skill, experience,
training, or education, may testify thereto in the form of an
opinion or otherwise. If MCL 600.2955 requires either
admitting or excluding the expert testimony, the court must rule
as the statute requires.


Staff Comment:  The proposed amendment of MRE 702 would
conform the rule to McDougall v Schanz, 461 Mich 15 (1999), which
held that a substantive rule of law found in a statute takes
precedence over a rule of evidence adopted by the courts.


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



          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they
can make the notifications specified in MCR 1.201.  Comments on
this proposal may be sent to the Supreme Court clerk in writing
or electronically by May 1, 2002.  P.O. Box 30052, Lansing, MI
48909, or MSC_clerk@jud.state.mi.us.  When filing a comment,
please refer to file 01-29.