HB-4647, As Passed House, December 14, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4647

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 2164a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2164a. (1) If a court has determined that expert

testimony will assist the trier of fact and that a witness is

qualified to give the expert testimony, the court may, with the

consent of all parties, allow the expert witness to be sworn and

testify at trial by video communication equipment that permits all

the individuals appearing or participating to hear and speak to

each other in the court, chambers, or other suitable place. A

verbatim record of the testimony shall be taken in the same manner

as for other testimony.

     (2) Unless good cause is shown to waive the requirement, a

party who wishes to present expert testimony by video communication

equipment under subsection (1) shall submit a motion in writing and

serve a copy of the motion on all other parties at least 7 days

before the date set for the trial.

     (3) A party who initiates the use of video communication

equipment under this section shall pay the cost for its use, unless

the court otherwise directs.

     Enacting section 1. This amendatory act takes effect January

1, 2012 and applies only to actions filed on or after January 1,

2012.