On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
Civil Procedure
What Is The Unauthorized Practice Of Law In Michigan?
When it comes to offering legal advice or representing clients in court, licensed attorneys have the monopoly on the practice of law. Litigants are free to draft their own legal documents, file their own pleadings, prosecute or defend their own cases in court....
U.S. Supreme Court Holds That Excessive Fines Clause Applies To The States
On February 20th, 2019, the U.S. Supreme Court released its opinion in Timbs v Indiana, 586 U.S. ___ (2019) holding that the Excessive Fines Clause of the United States Constitution applies to state governments. The Eighth Amendment states that "[e]xcessive bail shall...
Dead Man’s Statute: Can You Admit A Decedent’s Statements in Michigan Court
Several states have an evidentiary rule known as the "dead man's statute" designed to prevent perjury in a civil case. The rule generally prevents a witness from testifying as to any communications or transactions with a decedent unless some exception applies. In most...
Spousal Privilege in Michigan: What’s Left of It?
The spousal privilege is a rule of evidence where the "holder" spouse of the privilege may refuse to reveal confidential communications with the other spouse during the marriage as a witness in court. The idea is to prevent marital discord in forcing one spouse to...
