Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2163 (2026)

Repealed. 1998, Act 323, Imd. Eff. Aug. 3, 1998.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2163 Repealed. 1998, Act 323, Imd. Eff. Aug. 3, 1998.

    Repealed. 1998, Act 323, Imd. Eff. Aug. 3, 1998.

Compiler's Notes:

    The repealed section pertained to children under 10 years as witnesses.

Notes of Decisions
Cited in 36 cases (2 in the last 5 years), 1963–2023 · leading case: Kentucky v. Stincer, 482 U.S. 730 (1987).
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Kentucky v. Stincer, 482 U.S. 730 (1987). · cites it 2× “Code § 34-1-14-5 (1986); Mich. Comp. Laws § 600.2163 (1986); Minn.”
People v. Breck, 584 N.W.2d 602 (Mich. Ct. App. 1998). · cites it 3× “Under MCL 600.2163; MSA 27A.2163, 4 the statute governing *458 a child witness’ competency to testify, the court must ascertain whether the witness has sufficient intelligence and sense of obligation to tell the truth.”
People v. Meeboer, 484 N.W.2d 621 (Mich. 1992). · cites it 2× “" MCL 600.2163; MSA 27A.2163. Absent a sufficient showing of such intelligence and sense of obligation, the witness is not permitted to testify under the rule of evidence or the statute.”
People v. Bouchee, 253 N.W.2d 626 (Mich. 1977). · cites it 2× “2158 (no disqualification of witness from testifying due to interest in the outcome, relationship of witness to party or conviction of a crime); MCLA 600.2163; MSA 27A.2163 (children may testify).”
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018). · cites it 2× “" MCL 600.2163(1)(f). The statute defines "developmental disability" as "a condition that is attributable *539 to a mental impairment or to a combination of mental and physical impairments.”
People v. Sardy, 884 N.W.2d 808 (Mich. Ct. App. 2015). · cites it 2× “” The “Use Note” for the instruction states that “[t]his instruction is based on former MCL 600.2163, repealed by 1998 PA 323 , eff.”
People v. Kosters, 438 N.W.2d 651 (Mich. Ct. App. 1989). · cites it 2× “The reference was clearly inadvertent and in a context in which it had to be apparent to the jury that defendant had passed the test so that there could have been no prejudice to him by the reference.”
People v. Garland, 393 N.W.2d 896 (Mich. Ct. App. 1986). · cites it 4× “MCL 600.2163; MSA 27A.2163 provides that an examination of a child may be made either "publicly, or separate and apart.”
Burghdoff v. Burghdoff, 239 N.W.2d 679 (Mich. Ct. App. 1976). · cites it 2× “He did not ascertain on the record that the child had the intelligence and sense of obligation to tell the truth as required by MCLA 600.2163; MSA 27A.2163 where a minor is called as a witness in a trial.”
People v. Coddington, 470 N.W.2d 478 (Mich. Ct. App. 1991). “A child witness’ competency to testify is further governed by MCL 600.2163; MSA 27A.2163, which emphasizes the importance of a sense of obligation and understanding to tell the truth.”
People v. Debreczeny, 253 N.W.2d 776 (Mich. Ct. App. 1977). · cites it 2× “*395 Defendant further contends that the trial court erred by not examining the complaining witness to determine whether she had sufficient intelligence and sense of obligation to tell the truth as required by MCLA 600.2163; MSA 27A.2163. [1] Here the complaining witness was 9…”
People v. Garrison, 420 N.W.2d 851 (Mich. Ct. App. 1988). · cites it 2× “At the close of the people’s case, defendant moved to strike all the testimony of the victim based on the court’s noncompliance with MCL 600.2163; MSA 27A.2163, which states in relevant part: Whenever a child under the age of 10 years is produced as a witness, the Court shall by…”
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— Mich. Comp. Laws § 600.2163(1)(f) — 1 case
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018). “" MCL 600.2163(1)(f). The statute defines "developmental disability" as "a condition that is attributable *539 to a mental impairment or to a combination of mental and physical impairments.”
— Mich. Comp. Laws § 600.2163(4) — 2 cases
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018). “" MCL 600.2163(1)(f). The statute defines "developmental disability" as "a condition that is attributable *539 to a mental impairment or to a combination of mental and physical impairments.”
People of Michigan v. Dakota Lee Shorter (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 600.2163(a)(13) — 1 case
People v. James, 451 N.W.2d 611 (Mich. Ct. App. 1990).
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