Michigan Compiled Laws

Mich. Comp. Laws § 330.1459 (2026)

Documents, witnesses, and cross-examination; rules of evidence.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1459 Documents, witnesses, and cross-examination; rules of evidence.

Sec. 459.

    (1) The parties in a proceeding under this chapter have the right to present documents and witnesses and to cross-examine witnesses.

    (2) The court shall receive all relevant, competent, and material evidence which may be offered. The rules of evidence in civil actions are applicable, except to the extent that specific exceptions have been provided for in this chapter or elsewhere by statute or court rule.

History: 1974, Act 258, Eff. Nov. 6, 1974

Notes of Decisions
Cited in 7 cases (6 in the last 5 years), 1985–2025 · leading case: In Re Portus, 371 N.W.2d 871 (Mich. Ct. App. 1985).
In Re Portus, 371 N.W.2d 871 (Mich. Ct. App. 1985). “MCL 330.1459; MSA 14.800(459) provides in pertinent part that: "(2) The court shall receive all relevant, competent, and material evidence which may be offered.”
In Re Kkw (Mich. Ct. App. 2025). · cites it 6× “MCL 330.1459 provides that in civil-commitment proceedings the parties have the right to present evidence and cross-examine witnesses.”
In Re Bjp (Mich. Ct. App. 2023). · cites it 3× “Respondent was represented by court-appointed counsel, and, pursuant to MCR 5.”
In Re Car (Mich. Ct. App. 2023). “INADMISSIBLE EVIDENCE Finally, respondent contends that the probate court relied upon inadmissible evidence when reviewing past reports of noncompliance.”
In Re Cb (Mich. Ct. App. 2024). “Under MCL 330.1459(2), the trial court “shall receive all relevant, competent, and material evidence which may be offered.”
In Re Mat (Mich. Ct. App. 2024). “Under MCL 330.1459(2), “[t]he court shall receive all relevant, competent, and material evidence which may be offered.”
In Re Peb (Mich. Ct. App. 2025). “” Also, under MCL 330.1459(2), [t]he court shall receive all relevant, competent, and material evidence which may be offered.”
— Mich. Comp. Laws § 330.1459(1) — 2 cases
In Re Kkw (Mich. Ct. App. 2025). “MCL 330.1459 provides that in civil-commitment proceedings the parties have the right to present evidence and cross-examine witnesses.”
In Re Bjp (Mich. Ct. App. 2023). “Respondent was represented by court-appointed counsel, and, pursuant to MCR 5.”
— Mich. Comp. Laws § 330.1459(2) — 5 cases
In Re Kkw (Mich. Ct. App. 2025). “MCL 330.1459 provides that in civil-commitment proceedings the parties have the right to present evidence and cross-examine witnesses.”
In Re Bjp (Mich. Ct. App. 2023). “Respondent was represented by court-appointed counsel, and, pursuant to MCR 5.”
In Re Cb (Mich. Ct. App. 2024). “Under MCL 330.1459(2), the trial court “shall receive all relevant, competent, and material evidence which may be offered.”
In Re Mat (Mich. Ct. App. 2024). “Under MCL 330.1459(2), “[t]he court shall receive all relevant, competent, and material evidence which may be offered.”
In Re Peb (Mich. Ct. App. 2025). “” Also, under MCL 330.1459(2), [t]he court shall receive all relevant, competent, and material evidence which may be offered.”
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