FREE MI Bar Law and Procedure Questions and Answers
In Michigan, what is the maximum length of time a defendant can be held in custody without a preliminary examination?
Under Michigan law, specifically MCL 766.4, a defendant charged with a felony must be afforded a preliminary examination within 21 days of being held in custody. If the examination is not conducted within this period, the defendant may be entitled to release.
Under Michigan’s rules of evidence, which of the following is generally NOT considered a valid exception to the hearsay rule?
"Judicial Opinion" is not a recognized exception to the hearsay rule under Michigan law. Exceptions to the hearsay rule include present sense impressions, business records, and statements against interest, which are considered reliable and thus admissible.
In Michigan, what is the standard for determining child custody in divorce proceedings?
In Michigan, child custody decisions are governed by the "Best Interests of the Child" standard as outlined in MCL 722.23. The court evaluates various factors to determine what arrangement will best serve the child's welfare and development.
Under Michigan probate law, what is the primary purpose of a "Will Contest"?
A "Will Contest" is a legal action taken to challenge the validity of a will. This can occur if there are grounds to believe that the will was not executed properly, the testator lacked capacity, or there was undue influence involved. It does not pertain to challenging the administration of an estate or altering the terms of a will, which are different legal issues.
Under Michigan civil procedure, what is the standard time frame for a party to respond to a complaint after being served?
According to Michigan Court Rule 2.116, a defendant generally has 21 days from the date of service of the complaint to file a response. This timeframe allows for adequate preparation and response to the legal claims asserted.