(A) Opening Statements. Before the introduction of evidence, the attorney for the party who is to commence the evidence must make a full and fair statement of that party's case and the facts the party intends to prove. Immediately thereafter or immediately before the introduction of evidence by the adverse party, the attorney for the adverse party must make a like statement. Opening statements may be waived with the consent of the court and the opposing attorney.
Rule 2.507.Conduct of Trials
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.507 lays out the basic sequence of a Michigan bench trial -- opening statements, which side presents evidence first, single-attorney examination of each witness, court views of property, and closing arguments -- and requires that any agreement between the parties about the proceedings be either made in open court or put in writing.
Full Text of Rule 2.507
(B) Opening the Evidence. Unless otherwise ordered by the court, the plaintiff must first present the evidence in support of the plaintiff's case. However, the defendant must first present the evidence in support of his or her case, if
(1) the defendant's answer has admitted facts and allegations of the plaintiff's complaint to the extent that, in the absence of further statement on the defendant's behalf, judgment should be entered on the pleadings for the plaintiff, and
(2) the defendant has asserted a defense on which the defendant has the burden of proof, either as a counterclaim or as an affirmative defense.
(C) Examination and Cross-Examination of Witnesses. Unless otherwise ordered by the court, no more than one attorney for a party may examine or cross-examine a witness.
(D) Court View. On application of either party or on its own initiative, the court sitting as trier of fact without a jury may view property or a place where a material event occurred.
(E) Final Arguments. After the close of all the evidence, the parties may rest their cases with or without final arguments. The party who commenced the evidence is entitled to open the argument and, if the opposing party makes an argument, to make a rebuttal argument not beyond the issues raised in the preceding arguments.
(F) Time Allowed for Opening Statements and Final Arguments. The court may limit the time allowed each party for opening statements and final arguments. It shall give the parties adequate time for argument, having due regard for the complexity of the action, and may make separate time allowances for co-parties whose interests are adverse.
(G) Agreements to be in Writing. An agreement or consent between the parties or their attorneys respecting the proceedings in an action is not binding unless it was made in open court, or
unless evidence of the agreement is in writing, subscribed by the party against whom the agreement is offered or by that party's attorney.
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
Before any evidence comes in, the side that will present its case first gets to make a full opening statement of what it intends to prove, and the other side gets to respond in kind right after (or right before evidence begins); either side can waive that statement with the court's and the opposing lawyer's consent. The plaintiff normally presents evidence first, but that flips if the defendant's answer has effectively admitted enough of the complaint that judgment would go to the plaintiff without more, or if the defendant carries the burden of proof on a counterclaim or affirmative defense. Only one attorney per party may examine or cross-examine a given witness unless the court allows otherwise, and the judge, sitting without a jury, can personally view property or the place where a key event happened, on request or on its own initiative.
Once all the evidence is in, the parties can rest with or without closing arguments; whoever went first at trial also opens the closing argument and gets the last word in rebuttal if the other side argues too, though the rebuttal has to stay within the issues the other side raised. The court can put reasonable time limits on both opening statements and closing arguments, giving everyone enough time given the case's complexity, and can allocate that time differently among co-parties whose interests don't align. Finally, any agreement the parties or their lawyers reach about how the proceedings will run isn't binding unless it was made in open court or is written down and signed by the party (or that party's lawyer) it's being used against.
Frequently Asked Questions
Who presents evidence first at a Michigan bench trial?
Generally the plaintiff, unless the defendant's answer has admitted so much of the complaint that judgment would otherwise go to the plaintiff, or the defendant carries the burden of proof on a counterclaim or affirmative defense, in which case the defendant goes first.
Can more than one lawyer question the same witness?
Generally no. Unless the court allows otherwise, only one attorney per party may examine or cross-examine a given witness.
Is an informal agreement between the lawyers about how the trial will run enforceable?
Only if it was made in open court, or is in writing and signed by the party (or their attorney) against whom it's being enforced. An unwritten, out-of-court understanding isn't binding.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.507). 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: bench trial procedure Michiganorder of proof at trial Michiganopening statement closing argument Michigan