Michigan State Laws on Optical Images
Rule 101. Scope
These rules govern proceedings in the courts of this state to the extent and with the exceptions stated in Rule 1101. A statutory rule of evidence not in conflict with these rules or other rules adopted by the Supreme Court is effective until superseded by rule or decision of the Supreme Court.
Rule 102. Purpose
These rules are intended to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
(5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but max, not itself be received as an exhibit unless offered by an adverse party.
(6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, transactions, occurrences, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
(7) Absence of entry in records kept in accordance with the provisions of paragraph (6). Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
(8) Public records and reports. Records, reports, statements, or data compilations, in any form. of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however. in criminal cases matters observed by police officers and other law enforcement personnel, and subject to the limitations of MCL § 257.624; MSA § 9.2324.
(9) Records of vital statistics. Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law.
(I0) Absence of public record or entry. To prove the absence of a record, report, statement, or data
compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with Rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry.
(14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery, by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.
(15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document unless dealings with the property since the document was made have been inconsistent within the truth of the statement or the purport of the document.
(16) Statements in ancient documents. Statements in a document in existence twenty years or more authenticity of which is established.
(17) Market reports, commercial publications. Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.
Rule 901. Requirement of Authentication or Identification
(a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
(b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:
(7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office. or a purported public record, report. statement. or data compilation. in any form, is from the public office where items of this nature are kept.
(8) Ancient documents or data compilation. Evidence that a document or data compilation. in any form, (A) is in such condition as to create no suspicion concerning its authenticity. (B) was in a place where it. if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.
(9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
(10) Methods provided by statute or rule. Any method of authentication or identification provided by the Supreme Court of Michigan or by a Michigan statute.
Rule 902. Self-Authentication
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory, of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
(2) Domestic public documents not under seal. A document purporting to bear the signature 'in the official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity. and that the signature is genuine.
(3) Foreign public documents. A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States. or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity, has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.
(4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) or complying with any law of the United States or of this state.
(5) Official publications. Books, pamphlets, or other publications purporting to be issued by public authority.
(6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.
(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.
(8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.
(9) Commercial paper and related documents. Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.
(10) Presumptions created by law. Any signature, document, or other matter declared by any law of the United States or of this state to be presumptively or prima facie genuine or authentic.
Rule 903. Subscribing Witness's Testimony Unnecessary
The testimony of a subscribing witness is not necessary.' to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity' of the writing.
Rule 1001. Contents of Writings, Recordings, and Photographs: Definitions For purposes of this article the following definitions are applicable:
(1) Writings and recordings. "Writings" and "recordings" consist of letters. words, or numbers. or their equivalent. set down by handwriting, .typewriting, printing, photostating, photographing, magnetic impulse. mechanical or electronic recording. or other form of data compilation.
(2) Photographs. "Photographs" include still photographs, X-ray films, video tapes. and motion pictures.
(3) Original. An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".
(4) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent techniques, which accurately reproduces the original.
Rule 1002. Requirement of Original
To prove the content of a writing, recording, or photograph, the original writing. recording, or photograph is required, except as otherwise provided in these rules or by statute.
Rule 1003. Admissibility of Duplicates
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Rule 1004. Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if
(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by any available judicial process or procedure: or
(3) Original in possession of opponent. At a time when an original was under the control of the part}' against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the heating; or
(4) Collateral matters. Thc writing, recording, or photograph is not closely related to a controlling issue.
Rule 1005. Public Records
The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy certified as correct in accordance with Rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
Rule 1006. Summaries
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court.
Rule 1007. Testimony or Written Admission of a Party
Contents of writings. recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.
Rule 1101. Applicability
(a) Rules applicable. Except as otherwise provided in subdivision (b), these rules apply to all actions and proceedings in the courts of this state.
(b) Rules inapplicable. The rules other than those with respect to privileges do not apply in the following situations and proceedings:
(1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
(2) Grand jury. Proceedings before grand juries.
(3) Miscellaneous proceedings. Proceedings for extradition or rendition: sentencing. or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
(4) Contempt proceedings. Contempt proceedings in which the court may act summarily.
(5) Small claims. Small claims division of the district court.
(6) In camera custody hearings. In camera proceedings in child custody matters to determine a child's custodial preference.
(7) Juvenile court proceedings. Proceedings in the juvenile division of the probate court wherever MCR Subchapter 5.900 states that the Michigan Rules of Evidence do not apply.
Rule 1102. Title
These rules are named the Michigan Rules of Evidence and may be cited as MILE. The notes following the
individual rules were drafted by the chair and the reporter of the committee which drafted the proposed rules of evidence for the benefit of the bench and bar and are not authoritative constructions by the Court.
Sec. 2147. Notwithstanding any law of this state to the contrary. an individual, firm, association, or corporation may introduce in evidence at a trial or hearing before a court, officer, arbiter, referee, board, or tribunal, a reproduction of a business record of the individual or institution prepared or entered in the regular course of business, the original of which would be admissible in evidence. including an existing record and including, but not by way of limitation, a check, bill. note, acceptance, or other type of commercial instrument, passbook, deposit slip, or statement furnished to depositors, whether or not the individual or institution regularly so reproduces any or all of such business records. The reproduction shall be in a medium pursuant to the records media act or consist of a printout or other output readable by sight from such a medium. The reproduction. If accompanied by the certificate of the individual or his or her employee or agent, or of the officer, agent, or employee of the firm, association, or corporation who supervised the making of the reproduction to the effect that the reproduction when made was a true, full, and complete reproduction of the original, shall be received as evidence at the trial or hearing with the same force and effect as though the original document were produced. However, the court, officer, arbiter, referee, board, or tribunal may in its discretion require that the original document be produced in evidence, and may also require the taking of testimony of the person who supervised the making of the reproduction. The reproduction is admissible only if the party offering it delivers a copy of it, or of so much of it as may relate to the controversy, to the averse party, a reasonable time before trial, unless in the opinion of the trial court, officer, arbiter, referee, board, or tribunal the adverse party, has not been unfairly surprised by the failure to deliver the copy. Nevertheless, such a reproduction need not be submitted to the adverse party, as herein prescribed unless the original instrument would be required to be so submitted. If necessary, the reproduction may be offered in evidence by the use of a projector or other similar device. All circumstances surrounding the making of the reproduction may be shown upon the trial, hearing, or proceeding for the purpose of affecting the weight but not the admissibility of the evidence.
§ 600.2148. Preservation by certain firms of business records, manner of reproduction; disposal of originals
Sec. 2148. (1) A person, firm, or corporation engaged in business may cause records kept by the business to be reproduced pursuant to the records media act, and the business may then dispose of the original record.
Reproduction of record considered as original for all purposes. (2) A reproduction in a medium pursuant to the records media act under subsection (1) or a reproduction consisting of a printout or other output readable by sight from such a medium is considered to be an original record for all purposes and shall be treated as an original record in a court or administrative agency for the purpose of its admissibility in evidence. A facsimile, exemplification, enlargement, or certified copy of such a reproduction, for all purposes, is considered a facsimile, exemplification, or certified copy of the original record.
Definition. (3) For purposes of this section, "person" means an individual, association, firm, partnership, company, or corporation.
§ 600.2146. Entries and writings made in usual course of business; admissibility and weight; "business" defined; lack of entry as evidence of nonoccurrence of act; evidentiary use of reproduction
Sec. 2146. A writing or record, whether in the form of an' entry in a book or otherwise. made as a memorandum of an act, transaction, occurrence, or event is admissible in evidence in a proceeding in a court or before an officer, arbitrator, or referee in proof of the act transaction, occurrence, or event if it was made in the regular course of business and it was the regular course of business to make such a memorandum at the time of, or within a reasonable time after, the act, transaction, occurrence, or event. Other circumstances of the making of the writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight but not its admissibility. The term "business" includes a business, profession, occupation, or calling, of any kind. The lack of an entry regarding an act, transaction, occurrence, or event in a writing or record so proved may be received as evidence that the act, transaction, occurrence. or event did not, in fact, take place. A reproduction of such a writing or record is admissible in evidence in a trial, hearing, or proceeding by order of the court, made within its discretion, upon motion with notice of not less than 4 days. All circumstances of the making of the reproduction may be shown upon the trial, hearing, or proceeding to affect the weight but not the admissibility of the evidence.
§ 445.1452. Definitions
Sec. 2. As used in this act unless the context clearly requires otherwise:
(b) "Current net price" means the price listed in the supplier's printed price lists, catalogs, microfiche, price tapes, invoices, or any other printed or electronically recorded data in effect at the time an agreement is canceled or discontinued, less all applicable discounts.
(c) "Dealer" means a person engaged in the business of the retail sale of farm tractors and equipment, utility tractors and equipment, or the attachments to or repair parts for that equipment. Dealer includes retail dealers, wholesalers, and distributors that obtain inventory from another person for resale.
(d) "Equipment" means motorized machines designed for or adapted and used for agriculture, horticulture, livestock raising, forestry, grounds maintenance, lawn and garden, construction, materials handling, and earth moving.
(e) "Agreement" means a written, oral. or implied contract. sales agreement. security agreement, or franchise agreement between a supplier and a dealer by which the dealer is authorized to engage in the business of the retail sale and service, wholesale sale and service, or the distribution of tractors and equipment as an authorized outlet of the supplier or in accordance with methods and procedures provided for or prescribed by the supplier.
(I) "Dealer supplies" means any display, machinery, signage, book, manual, computer, microfiche, microfilm,
communication device, or tool that a dealer purchased from a supplier, or from a third party, upon the request or requirement of the supplier, and which is used by the dealer to facilitate the sale or repair of inventory, furnished by the supplier and no other product line sold or serviced by the dealer.
§ 487.2064. Transaction records; availability for inspection
Sec. 14.(1) A licensee under this act shall maintain records relating to all transactions under this act so that the commissioner may enforce compliance with this act. Records kept at the licensee's principal place of business shall be made available to the commissioner during normal business hours upon request or the licensee shall pay for an examiner under section 11 or 12 to go to the place where the records are kept. Retention of records; independent audit. (2) A record of the licensee shall be preserved and kept available for not less than 25 months after making the final entry on any loan recorded in the record. The commissioner may for reasonable cause order an independent audit of the records of a licensee and the cost of the audit shall be an expense of the licensee. Electronic data records. (3) The requirements of this section shall not be construed to prohibit keeping records by electronic data processing methods.
§ 493.10. Investigation of loans and business; access to premises and records; subpoena powers.
Sec. 10.(1) For the purpose of investigating violations of this act or securing information lawfully required under this act, the commissioner may at any time, either personally or by a designated person or persons, investigate the loans and business and examine the books, accounts, records, and files used with the loans and business, of every licensee and person engaged in the business described in section 1, whether the person shall act or claim to act as a principal or agent, or with or without the authority of this act. The commissioner and his or her duly designated representatives shall have and be given free access to the offices and places of business, books, accounts, papers, records, files, sales, and vaults of all persons investigated under this section. The commissioner and persons duly designated by him or her have the authority to require the attendance of and to examine under oath all persons whose testimony the commissioner may require relative to the loans or business or to the subject matter of an examination, investigation or hearing.
(2) At least once during every 2-year period, the commissioner shall examine the books, accounts, records, and files of a licensee.
(4) This section shall not be construed to prohibit the keeping of records by electronic data processing methods.
§ 493.64. Examination of licensee's book and records; examination fee
Sec. 14.(1) The commissioner shall examine the books, accounts, records, and files of a licensee not less than annually. The commissioner may at any time, make necessary investigations and examine the books. accounts, records, and files of the licensee. This section shall not be construed to prohibit the keeping of records by electronic data processing methods. A licensee shall pay an examination fee for examination of its records conducted by the commissioner. The examination fee shall be invoiced upon the completion of the examination and is due and payable upon receipt of the invoice by the licensee. A licensee is not required to pay more than 1 examination fee in a calendar year.
§ 493.107. Inspection of records; fee
Sec. 7.(1) The commissioner may at any time, make necessary investigations and examine the books, accounts, records, and files of the licensee. This section shall not be construed to prohibit keeping of records by electronic data processing methods. A licensee shall pay an examination fee for examination of its records conducted by the commissioner as provided by this section. The examination fee shall be invoiced upon the completion of the examination and is due and payable upon receipt of the invoice by the licensee. A licensee is not required to pay more than 1 examination fee in a calendar year.
§ 750.492a 28.760(1). Placement of misleading or inaccurate information in patient's medical record: violation and punishment
Sec. 492a.(1) Except as otherwise provided in subsection (3), a health care provider or other person, knowing that the information is misleading or inaccurate, shall not intentionally, willfully, or recklessly' place or direct another to place in a patient's medical record or chart misleading or inaccurate information regarding the diagnosis, treatment, or cause of a patient's condition. A violation of this subsection is punishable as follows:
(a) A health care provider who intentionally or willfully violates this subsection is guilty of a felony.
(b) A health care provider who recklessly violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
(c) A person other than a health care provider who intentionally or willfully violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(d) A person other than a health care provider who recklessly violates this subsection is guilty of a misdemeanor.
Destruction or alteration of patient's medical records, concealment of health care provider's
responsibility; punishment. (2) Except as otherwise provided in subsection (3), a health care provider or other person shall not intentionally or willfully alter or destroy or direct another to alter or destroy a patient's medical records or charts for the purpose of concealing his or her responsibility for the patient's injury, sickness, or death. A health care provider who violates this subsection is guilty of a felony. A person other than a health care provider who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1.000.00, or both.
Exceptions: Duplications and supplementations. (3) Subsections (1) and (2) do not apply to...the following:
(a) Destruction of a patient's original medical record or chart if all of the information contained in or on the medical record or chart is otherwise retained by means of mechanical or electronic recording, chemical reproduction, or other equivalent techniques that accurately reproduce all of the information contained in or on the original or by reproduction pursuant to the records media act that accurately reproduces all of the information contained in or on the original.
§ 18.1269. Centralized services provided by department; charges to state agency for services; crediting of payment; coordination of rate with budget cycle; rate to reflect actual cost; office services revolving fund:;creation; continuous appropriations; inventor value of paper, stationery; maximum amount
Sec. 269.(1) The department shah establish. administer. operate, or provide centralized services such as the following:
(a) Duplicating. microfilming. mailing. warehousing, and drug packaging.
(c) Supplying and storing of forms, publications, paper. and stationery.
(d) Off-site storage of optical discs.
(e) Other services to state agencies that are advantageous to this state, after consultation with each affected state agency.
§ 18.1284. Definitions
Sec. 284. As used in this section and sections 285 to 292:
(a) "Archival value" means records which have been selected by the archives section of the bureau of history in the department of state as having enduring worth because they document the growth and development of this state from earlier times, including the territorial period: they evidence the creation, organization, development, operation, functions, or effects of state agencies: or because they contain significant information about persons, things, problems, or conditions dealt with by state agencies.
(b) "Record" or "records" means a document, paper, letter, or writing, including documents, papers, books, letters, or writings prepared by handwriting, .typewriting, printing, photostating, or photocopying: or a
photograph, film, map, magnetic or paper tape, microform, magnetic or punch card, disc, drum, sound or video recording, electronic data processing material, or other recording medium, and includes individual letters, words, pictures, sounds, impulses, or symbols, or combination thereof regardless of physical form or characteristics. Record may also include a record series, if applicable.
§ 18.1287. Forms management; record creation and disposition; development and coordination of standards; records management; duties of department; directives for record security, retention and disposal schedules, and transfer
Sec. 287.(1) The department shall maintain a records management program to provide for the development, implementation, and coordination of standards, procedures, and techniques for forms management, and for the creation, retention, maintenance, preservation, and disposition of the records of his state. All records of this state are and shall remain the property of this state and shall be preserved, stored, transferred, destroyed, disposed of, and otherwise managed pursuant to this act and other applicable provisions of law.
(2) In managing the records of this state, the department shall do all of the following:
(a) Establish, implement, and maintain standards, procedures, and techniques of records management throughout state agencies.
(b) Provide education, training, and information programs to state agencies regarding each phase of records management.
(c) Promote the establishment of a vital records program in each state agency by assisting in identifying and preserving records considered to be critically essential to the continued operation of state government or necessary to the protection of the rights and privileges of its citizens, or both. Preservation of designated vital records hall be accomplished by storing duplicate copies of the original records in a secure remote records center to assure retention of those records in the event of disaster and loss of original records.
(d) Operate a records center or centers for the purpose of providing maintenance, security, and preservation of state records.
(e) Provide centralized microfilming service and, after the effective date of rules promulgated under the records media act to govern optical storage, service for off-site storage of optical discs as an integral part of the records management program.
(f) Provide safeguards against unauthorized or unlawful disposal, removal, or loss of state records.
(g) Initiate action to recover a state record that may have been removed unlawfully or without authorization.
(h) Establish retention and disposal schedules for the official records of each state agency with consideration to their administrative, fiscal, legal, and archival value.
(3) The department shall issue directives that provide for all of the following:
(a) The security of records maintained by state agencies.
(b) The establishment of retention and disposal schedules for all records in view of their administrative, fiscal, legal, and archival value.
(c) The submission of proposed retention and disposal schedules to the secretary of state. the auditor general. the attorney general, and the board for review and approval.
(d) The transfer of records from a custodian state agency to a state records center or to the custody of the secretary of state.
(e) The disposal of records pursuant to retention and disposal schedules, or the transfer of records to the custody of the secretary of state.
(f) The establishment of a records management liaison officer in each department to assist in maintaining a records management program.
(g) The cooperation of other state departments in complying with this act.
(h) The storage of records in orderly filing systems designed to make records conveniently accessible for use.
§ 24.402. Reproduction of public records, authorized methods
Sec. 2.(1) Except to the extent limited by law, if a governmental entity or a governmental official acting in his or her official capacity reproduces a record, the reproduction may be created using any of the following media,subject to subsection (2):
(d) Optical storage disc, as of the effective date of rules. to be promulgated pursuant to subsection (2), that govern optical storage discs. However, this act does not prohibit the utilization of an optical storage disc system purchased by this state before the effective date of this act pursuant to legislative appropriations. unless the director of the department of management and budget finds that the system is not capable of creating reproductions that are equivalent to photographs or microcopies. The director of the department of management and budget shall transmit such a finding to the state department or agency utilizing the optical storage disc system and to the house and senate appropriations committees.
Rules governing reproductions, promulgation; data interchangeability standards; continued
maintenance of and access to records. (2) Pursuant to the administrative procedures act of 1969. Act No. 306 of the Public Acts of 1969, being §§ 24.201 to 24.328 of the Michigan Compiled Laws, the department of state and the department of management and budget shall jointly promulgate rules that govern the creating, processing, indexing, storage, retrieval, durability, and inspection of reproductions by a governmental entity or governmental official acting in his or her official capacity. With respect to information systems that utilize digital dam in a medium listed in subsection (I) for the reproduction of records, the rules shall do all of the following:
(a) Set forth data interchangeability standards.
(b) Ensure continued maintenance of and access to the records by requiring the conversion of the digital data medium or the modification or replacement of the computer hardware or computer software before the digital data medium, algorithms, computer hardware, or computer software become obsolete.
§ 24.403. Nongovernmental reproductions: reproduction medium, incorporation by reference
Sec. 3. With respect to a reproduction created by a person other than a governmental entity or a governmental official acting in his or her official capacity, a law that references this act incorporates by reference any medium that correctly and accurately reproduces the original.
§ 168.509p. Qualified voter file: components
Sec. 509p. The qualified voter file shall consist of all of the following components:
(a) A computer file that has the capacity to maintain a number of records equal to or greater than the voting age population of this state.
(b) An electronic network that allows participating designated executive departments, state agencies, and county, city, township, and village clerks to electronically add, change, or delete records contained in the qualified voter file.
(c) An interactive electronic communication system that allows access to records in the file of qualified voters residing in a county, city, or township for the purpose of receiving copies of the county, city, or township file, transmitting data to the county, city, or township file, or reviewing and printing the county, city, or township file. The interactive electronic communication system shall be designed to permit counties, cities, or townships that are capable of accessing the interactive electronic communication system to add, change, or delete records regarding qualified voters in the qualified voter file.
(d) A statewide street address index in an electronic medium that will accurately identity the city or township of each record and by January 1, 1998, accurately identity the precinct of each record in the qualified voter file.
§ 168.514. Duty of clerk on cancellation of registration; removal and destruction of records
Sec. 514. If the registration of an elector is cancelled, the clerk shall make a proper entry on the original and duplicate registration cards, indicating the date and the cause for cancellation, and shall affix his or her signature to the entries. All copies of the cancelled registration cards shall be filed in the office of the clerk. All duplicates of the original registration cards so cancelled may be destroyed 2 years after the registrations are cancelled. The clerk may also destroy the original registration cards of an elector 10 years after the date of cancellation of the elector's registration, if the registration is not reinstated within that period. The clerk may also destroy cancelled original registration cards 2 years after the date of cancellation if the cancelled registration cards are reproduced pursuant to the records media act and the reproductions are on file in the office of the clerk. The reproductions may be destroyed after the expiration of the statutory retention date of the reproduced records. The registration records, if combustible, shall be destroyed by burning.
§ 168.794. Definitions
Sec. 794. As used in sections 794 to 799a:
(b) "Ballot" means a card, ballot label. paper ballot envelope, or any medium through which votes are recorded,
(d) "Counting center" means 1 or more locations selected by the board of election commissioners of the city, county, township, village, or school district at which ballots are counted by means of electronic tabulating equipment or vote totals are electronically received from electronic tabulating equipment and electronically compiled.
(e) "Electronic tabulating equipment" means an apparatus that electronically examines and counts votes recorded on ballots and tabulates the results.
(f) "Electronic voting system" means a system in which votes are recorded and counted by electronic tabulating equipment.
(g) "Escrow account" means a third party approved by the secretary of state for the purpose of taking custody of all source codes, including all revisions or modifications of source codes.
(h) "Source code" means the assembly language or high level language used to program the electronic voting system.
(k) "Memory device" means a method or device used to store electronic data.
§ 333.2876. Preservation of vital records and statistics; means
Sec. 2876. The department shall provide by electronic or other means or by reproduction pursuant to the records media act for the preservation of vital records and vital statistics made or received by the department. Procedures shall be consistent with those established under the authority of part 26. The procedures shall require that vital records be stored in a manner reasonably calculated to assure the indefinite preservation of the information contained in the vital records against loss or destruction.
§ 421.6a. Commission; destruction of records; preservation of information; admissibility of evidence
Sec. 6a. By resolution adopted by a majority of its members, the commission may destroy or dispose of a document that has been retained in the commission files for not less than 2 years and that in the commission's opinion is of no value to the commission, and may authorize the directory to make or cause to be made a reproduction pursuant to the records media act, or a summary or compilation, that he or she considers advisable to preserve the information contained in the document. If an original document is destroyed or disposed of pursuant to this section, a reproduction of the document in a medium pursuant to the records media act, a reproduction consisting of a printout or other output readable by sight from such a medium, or a summary or compilation of the document, if certified by the director to be a true and accurate official reproduction, compilation, or summary of the original is admissible in evidence the same as the original in any proceeding before the commission, referee, or appeal board and in all courts. Information contained in printouts prepared by automatic data processing equipment is also admissible in evidence, if the original documents from which such information was obtained would have been admissible.
§ 440.9403. Financing statement: filing
Sec. 9403.(1) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
Duration; lapse. (2) Except as provided in subsection (7), a filed financing statement is effective for a period of 5 years after the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period. unless a continuation statement is filed within 6 months before the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse, the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is considered to have been unperfected as against a person who became a purchaser or lien creditor before the lapse.
Continuation statement. (3) A continuation statement may be filed or recorded by the secured part)., within 6 months before the expiration of the 5-year period specified in subsection (2). A continuation statement shall be signed by the secured party, identify the original statement by file number and, if the original financing statement describes real property, by the liber and page where the property is recorded, and state that the original statement is still effective. A continuation statement also may, but is not required to, include the debtor's tax identification number. A continuation statement signed by a person other than the secured party. of record shall be accompanied by a separate written statement of assignment that is signed by the secured party of record and that complies with § 9405(2), including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the financing statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in' subsection (2) unless another continuation statement is filed before the lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the financing statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he or she has retained a reproduction pursuant to the records media act, or in other cases after I year after the lapse. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he or she physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection (7) shall be retained.
Duties of filing officer. (4) Except as provided in subsection (8), a filing officer shall mark a statement with a file number and with the date and hour of filing and shall hold the statement or a reproduction of the statement pursuant to the records media act for public inspection. In addition, the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.
§ 440.9404. Termination statement; time for filing; election; contents; fee; liability for failure to send
Sec. 9404.(1) If a financing statement covering consumer goods is filed on or after January 1, 1979, then within I month or within 10 days following written demand by the debtor, whichever occurs first, after there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, and the secured party, does not in good faith expect to make optional future advances, the secured party shall file with each filing officer with whom the financing statement was filed a termination statement to the effect that he or she no longer claims a security interest under the financing statement. which shall be identified by file number, and if the original financing statement describes real property, by liber and page of recording of the financing statement. In other cases, if there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value and the secured party does not in good faith expect to make future optional advances, the secured party shall, on written demand of the debtor, send [to] each filing officer with whom the financing statement was filed a termination statement to the effect that he or she no longer claims a security interest under the financing statement, which shall be identified by file number. With respect to original financing statements filed before July 1, 1976 with a filing officer other than the secretary of state, the secured party may elect to send the statement directly to the debtor instead of the filing officer. A termination statement may, but is not required to, include the debtor's tax identification number. A termination statement signed by a person other than the secured party of record shall be accompanied by a separate written statement of assignment signed by the secured party of record complying with § 9405(2), including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within the required period, he or she is liable to the debtor for any loss caused to the debtor by that failure. In addition. the secured party is liable to the debtor for $100.00 if he or she fails to file the termination statement within 20 days after written demand for the termination statement by the debtor.
Duty. of filing clerk. (2) On presentation to the filing officer of a termination statement. the filing officer shall note it in the index. If the filing officer has received the termination statement in duplicate, he or she shall return 1 copy of the termination statement to the secured party stamped to show the time of receipt of the termination statement. If the filing officer has a reproduction of the financing statement pursuant to the records media act, and of any related continuation statement, statement of assignment, and statement of release, he or she may remove the originals from the files at any time after receipt of the termination statement. or if the filing officer has no such record, he or she may remove them from the files at any time after 1 year after receipt of the termination statement.
§ 449.48. Registration or renewal for limited liability partnership; filing
Sec. 48.(1) The registration or renewal of a registration for a limited liability partnership shall be filed by delivering the registration to the department together with the fees and any other documents required by section 44 or 47. The department may establish procedures for accepting the registration by means of facsimile transmission.
(2) If the registration substantially conforms to the requirements of section 44 or 47, the department shall indorse upon it the word "filed" with the date of filing, and shall file and index the registration or a photostatic, micrographic, photographic, optical disc media or other reproduced copy of registration. If requested at the time of filing, the department shall include in the indorsement the hour of filing.
(3) The records and files of the department relating to registered limited liability partnerships shall be open to reasonable inspection by the public. The records or flies may be maintained either in their original form or in a photostatic. micrographic, photographic, optical disc media, or other reproduced form.
(4) The department may make copies of all documents filed under section 44 or 47 by a photostatic, micrographic, photographic, optical disc media or other process, and may destroy the originals of the documents copied. A photostatic, micrographic, photographic, optical disc media, or other reproduced copy certified by the department, which may be sent by facsimile transmission, shall be considered an original for all purposes and is admissible in evidence in the manner as an original.
§ 450.1131. Filing document or reproduction; return of true copy; public inspection; maintaining records or files; reproduction of documents and destroying originals; facsimile transmission as original; effective date of document
Sec. 131.(1) A document required or permitted to be filed under this act shall be filed by delivering the document to the administrator together with the fees and accompanying documents required by law. The administrator may establish a procedure for accepting delivery by facsimile transmission. If the document substantially conforms to the requirements of this act, the administrator shall endorse upon it the word "filed" with his or her official title and the date of receipt and of filing and shall file and index the document or a photostatic, micrographic, photographic, optical disc media, or other reproduced copy in his or her office. If so requested at the time of the delivery of the document to his or her office, the administrator shall include the hour of filing in his or her endorsement. The administrator shall prepare and return a true copy of the document other than an annual report, or at his or her discretion the original, to the person who submitted it for filing showing the filing date. The records and files of the administrator relating to domestic and foreign corporations shall be open to reasonable inspection by the public. The records or files. at the discretion of the administrator, may be maintained either in their original form or in photostatic, micrographic, photographic, optical disc media, or other reproduced form. The administrator may make reproductions of documents filed under this act, or any predecessor act, by photostatic, micrographic, photographic, optical disc media, or other reproduced form and may destroy the originals of the documents so reproduced.
Reproduced copy certified by administrator. (2) A photostatic, micrographic, photographic, optical disc media, or other reproduced copy certified by the administrator, which may be sent by facsimile transmission, shall be considered an original for all purposes and is admissible in evidence in like manner as an original.
§ 450.4104. Documents; filing; delivery; endorsement; preparing and returning true copy; inspection by public; copies admissible in evidence; effective time; form
Sec. 104.(1) A document required or permitted to be filed under this act shall be filed by delivering the document to the administrator together with the fees and accompanying documents required by law. The administrator may establish procedures for accepting delivery by means of facsimile transmission.
Indorsement, filing, and indexing by administrator. (2) If the document substantially conforms to the requirements of this act, the administrator shall indorse upon it the word "filed" with his or her official title and the date of receipt and of filing, and shall file and index the document or a photostatic, micrographic, Photographic, optical disc media, or other reproduced copy in his or her office. If so requested at the time of the delivery of the document to his or her office, the administrator shall include the hour of filing in his or her indorsement.
Return of document copy, original document. (3) The administrator shall prepare and return a true copy of the document, or at his or her discretion the original, to the person who submitted it for filing showing the filing date.
Public inspection of records and files; maintenance. (4) The records and files of the administrator relating to domestic and foreign limited liability companies shall be open to reasonable inspection by the public. The records or files may be maintained either in their original form or in a photostatic, micrographic, photographic, optical disc media, or other reproduced form.
Copies of documents; considered original. (5) The administrator may make copies of all documents filed under this act or any predecessor act by a photostatic, micrographic, photographic, optical disc media, or other process, and may destroy the originals of the documents so copied. A photostatic, micrographic, photographic, optical disc media, or other reproduced copy certified by the administrator, which may be sent by facsimile transmission, shall be considered an original for all purposes and is admissible in evidence in like manner as an original.
§ 462.213. Articles of association; alteration and amendment; signature; certification; filing; effect; recording; powers of railroad company; copies as prima facie evidence; public inspection of records and files
Sec. 213.(4) The records and files of the department of commerce relating to corporations formed under this act and records relating to corporations formed under former acts repealed by this act and transferred to the department of commerce pursuant to this act shall be open to reasonable inspection by the public. The records or files may be maintained either in their original form or in a photostatic, micrographic, photographic, optical disk media, or other reproduced form.
§ 565.28. Indexes, general; keeping of separate indexes in counties where reproductions of instruments combined in one set of books; daily entry of discharges of mortgages
Sec. 28.(1) Each register of deeds shall keep a proper general index to each set of books in which he or she shall enter alphabetically the name of each party to each instrument recorded by the register of deeds, with a reference to the book and page where the instrument is recorded. In a count in which reproductions pursuant to the records media act are combined in I set of books, the register of deeds shall keep separate indexes of the instruments. The register of deeds shall also keep a separate index in which shall be entered daily a minute of all discharges of mortgages as the discharges are entered, whether by written discharge or entered upon the margin of the record, together with a reference to the volume and page where recorded, or entered upon the margin.
Computerization of indexes. (2) Each index required by this act may be maintained wholly, or in park by computerization of the index.
Duplicate index, maintenance at location separate from primary index. (3) Each computerized index shall be secured by a duplicate index maintained at a separate location from the primary index.
Securing of primary index by code, key, etc. to prevent unauthorized alteration. (4) The primary index shall be secured by a code, key, or other system designed to prohibit an unauthorized person from altering the index.
§ 600.2136. Library book or paper, certified copy as evidence; effect
Sec. 2136.(1) A copy of a record, book, or paper belonging to or in the custody of a public, college, or university library, or an incorporated library society, if accompanied by a sworn statement by the librarian or other person in charge of the record, book, or paper, that the copy is a true copy of the original in his or her custody, is admissible as evidence in a court or proceeding in like manner and to the same extent as the original would be if produced.
Admissibility of reproduction of library. records, documents, etc., effect. (2) A reproduction of a record, book, paper, or document belonging to or in the custody of a public, college, or university, library, or an incorporated library, society, in a medium pursuant to the records media act or a reproduction consisting of a printout or other output readable by sight from such a medium, if accompanied by a sworn statement made by the librarian or other person in charge of the record, book, paper, or document, stating that the reproduction is made under his or her supervision or that of a duly authorized representative, and that nothing has been done to alter or change the original, that the reproduction is true to the original in his or her custody, is admissible as evidence in a court or proceeding in like manner as the original would be if produced.
§ 600.2137. Reproduction of court records: placement of originals in state archives; disposition of records not archived
Sec. 2137.(1) If a public officer reproduces court records kept by him or her pursuant to the records media act, the officer may offer the original records to the department of state for placement in the state archives. If the department of state accepts the offer within 30 days, the court shall transfer the records to that department. If the department of state does not accept the offer within 30 days, the court may dispose of or destroy the records in the manner provided for state agencies under §§ 285 and 287 of the management and budget act. Act No. 431 of the Public Acts of 1984, being §§ 18.1285 and 18.1287 of the Michigan Compiled Laws, and § 5 of Act No. 271 of the Public Acts of 1913, as mended, being § 399.5 of the Michigan Compiled Laws. The record of a court shall not be disposed of or destroyed until the record has been in the custody of the court for not less than 6 years.
Probate records. reproduction; duplicates; equipment for display: destruction of reproduced records; evidentiary use: estate proceedings, retention period of original records. (2) In a count or probate court district in which the county board or boards of commissioners pass a resolution or resolutions for reproducing records pursuant to the records media act. the judge of probate may cause the records of the probate court to be so reproduced. The judge of probate shall cause a copy or a duplicate to be kept in a building outside of the probate office and shall keep a copy available in the probate office with any suitable equipment necessary for displaying the record at not less than its original size or for preparing copies for persons entitled to copies. The judge of probate then may order a record destroyed. A reproduction in a medium pursuant to the records media act or a reproduction consisting of a printout or other output readable by sight from such a medium is admissible as evidence before a court, commission, or administrative body the same as the original. The original file of an estate proceeding shall not be destroyed until 6 years have elapsed from the date of filing of the discharge of the fiduciary or 10 years have elapsed from the filing of the last document, whichever date occurs first.
Destruction of files, circuit court; retention of judgment or decrees, public availability: offer to
historical commission. (4) Except as provided in subsection (3), a judicial circuit of the circuit court may order the destruction of its files and records in a case in which action has not been taken during the 2-1 years immediately preceding the order of destruction. All of the following procedures shall be followed before the issuance of an order of destruction of circuit court files and records:
(a) The judgment or decree. if any, shall be reproduced pursuant to the records media act, or separated and retained, and the original or reproduction shall be made available for public inspection.
(b) The circuit court shall offer the files and records, subject to the order of destruction, to the Michigan historical commission established by Act No. 271 of the Public Acts of 1913, as amended, being §§ 399.1 to 399.9 of the Michigan Compiled Laws, or an historical commission created pursuant to Act No. 213 of the Public Acts of 1957, as amended, being §§ 399.171 to 399.172 of the Michigan Compiled Laws. If the historical commission accepts the offer within 30 days, the circuit court shall transfer the files and records to the historical commission. If the historical commission does not accept the offer within 30 days. the circuit court shall issue an order of destruction.
Evidentiary use of reproduced records. (5) A reproduction of a record in a medium pursuant to the records media act or a reproduction consisting of a printout or other output readable by sight from such a medium, made as provided by law, has the same force and effect as the original would have had and shall be treated as an original for the purpose of admissibility in evidence. A duly certified or authenticated copy of the reproduction shall be admitted into evidence equally with the original reproduction.
§ 600.2138. Recording or copying of public documents, manner of reproduction
Sec. 2138.(1) If a public officer performing duties under this act is required or authorized by law to record, copy, recopy, or replace a document, plat, paper, written instrument, or book on file or of record in his or her office, the officer may do so pursuant to the records media act. Original document filed or of record, certification of copy or replacement. (2) If an original document, plat, paper, written instrument, record, or book of record filed or of record in the office of an officer described in subsection (I) is copied or replaced pursuant to subsection (1), and the officer is required by law to certify. in or on the copy or replacement that it is a true and correct copy of the original, a copy of the certification by the officer, similarly made and included at the end of the copy or replacement, complies with the law.
§ 691.1101. Reproducing records of state, political subdivision or municipal courts; disposition of original records
Sec. 1. If a department, commission, board, or officer of this state, a political subdivision, or a municipal court of record reproduces pursuant to the records media act records kept by or in the department, commission, board, office, or court, the department, commission, board, officer, or court may cause the original records to be disposed of or destroyed pursuant to §§ 201,285, 287, and 289 of the management and budget act, Act No. 431 of the Public Acts of 1984. being §§ 18.1201, 18.1285, 18.1287. and 18.1289 of the Michigan Compiled Laws, if applicable. and § 5 of Act No. 271 of the Public Acts of 1913, as mended, being § 399.5 of the Michigan Compiled Laws. A record of a municipal court of record shall not be disposed of or destroyed unless the record has been in the custody of the court for at least 6 years.
§ 691.1102. Reproduction of documents by register of deeds; storage of reproductions; equipment for displaying or copying reproduced records
Sec. 2. The register of deeds of a county, if so instructed by a resolution of the county board of commissioners, may reproduce pursuant to the records media act a deed, mortgage, map, instrument or writing recorded in his or her office and a record or index required by law to be kept by him or her. The register of deeds shall make reproductions in duplicate and store 1 reproduction in a building separate from his or her office. The register of deeds shall retain the other reproduction in his or her office with suitable equipment for displaying the record at not less than its original size or for preparing copies for persons entitled to copies.
§ 691.1103. Evidentiary use of reproductions
Sec. 3. A reproduction of a record in a medium pursuant to the records media act or a reproduction consisting of a printout or other output readable by sight from such a medium prepared under any other law has the same force and effect as the original and shall be treated as an original for the purpose of admissibility in evidence. A duty certified or authenticated copy of the reproduction shall be admitted in evidence equally with the original reproduction.
State Archivist and Records Manager:
David J. Johnson, State Archivist
Robert Bassett, State Records Mgr.
15 South Grady Way - Suite 250-D
Renton, Washington USA 98055
425-204-1321 fax 425-204-1464