On order of the Court, notice of proposed changes having been provided, and consideration having been given to the comments received in response to that notice, the following amendment of Rule 6.201 of the Michigan Court Rules is adopted, to be effective July 1, 1996.
Bold text indicates new text.
If the court is satisfied, following an in-camera inspection, that the records reveal evidence necessary to the defense, the court shall direct that such evidence as is necessary to the defense be made available to defense counsel. If the privilege is absolute and the privilege holder refuses to waive the privilege to permit disclosure, the trial court shall suppress or strike the privilege holder's testimony. Regardless of whether the court determines that the records should be made available to the defense, the court shall make findings sufficient to facilitate meaningful appellate review. The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.