(A) Definition. “Communication equipment” means a conference telephone or other electronic device that permits all those appearing or participating to hear and speak to each other. It does not include use of a remote video platform through an audio-only option.
Rule 2.402.Use of Communication Equipment
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.402 lets a Michigan court hold a motion hearing, pretrial conference, or status conference by phone or other two-way communication equipment, on its own initiative with notice or on a party's written request, and puts the cost on whoever asked for it unless the court says otherwise.
Full Text of Rule 2.402
(B) Use. A court may, on its own initiative or on the written request of a party, direct that communication equipment be used for a motion hearing, pretrial conference, scheduling conference, or status conference. The court must give notice to the parties before directing on its own initiative that communication equipment be used. A party wanting to use communication equipment must submit a written request to the court at least 7 days before the day on which such equipment is sought to be used, and serve a copy on the other parties, unless good cause is shown to waive this requirement. The requesting party also must provide a copy of the request to the office of the judge to whom the request is directed. The court may, with the consent of all parties or for good cause, direct that the testimony of a witness be taken through communication equipment. A verbatim record of the proceeding must still be made.
(C) Burden of Expense. The party who initiates the use of communication equipment shall pay the cost for its use, unless the court otherwise directs. If the use of communication equipment is initiated by the court, the cost for its use is to be shared equally, unless the court otherwise directs.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Communication equipment, for purposes of this rule, means a conference telephone or similar device that lets everyone hear and speak to each other — it doesn't cover the audio-only option on a remote video platform. A court can order its use for a motion hearing, pretrial conference, scheduling conference, or status conference, either on its own initiative (after giving the parties notice) or because a party asked in writing at least 7 days ahead, with a copy served on the other parties and on the judge's office. With the parties' consent, or for good cause, the court can even take a witness's testimony this way, though a verbatim record still has to be made just as it would for an in-person proceeding.
Whoever asks for the equipment to be used generally pays for it, unless the court orders otherwise; if the court itself initiates the use, the cost is split evenly between the parties unless the court says differently.
Frequently Asked Questions
Can I ask the court to hold a hearing by phone?
Yes. Submit a written request at least 7 days before the hearing, serve a copy on the other parties and the judge's office, unless good cause excuses that requirement.
Can testimony be taken over the phone under this rule?
Yes, with the parties' consent or for good cause, though a verbatim record of the testimony still has to be made.
Who pays for the communication equipment?
The party who requested its use, unless the court orders otherwise. If the court initiates the use on its own, the cost is split evenly between the parties unless the court directs a different split.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.402). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: telephone hearing Michigan courtconference call hearing Michigan