May 17, 2011, Introduced by Reps. Heise, Horn, Gilbert, Tyler, McMillin, Walsh, Cotter, Damrow, MacGregor, Scott, Constan and Haveman and referred to the Committee on Judiciary.
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 or for good cause, allow the expert witness
to be sworn and testify 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 hearing or 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. If the use of video communication
equipment under this section is initiated by the court, the cost
for its use shall be shared equally by all parties, unless the
court otherwise directs.