# Mich. Comp. Laws § 600.2166: Admissibility of evidence in action by or against person incapable of testifying > Michigan · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.2166 ## Section - **Citation:** Mich. Comp. Laws § 600.2166 - **Heading:** Admissibility of evidence in action by or against person incapable of testifying - **Jurisdiction:** Michigan - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2166 ## Text Sec. 2166. In an action by or against a person incapable of testifying, a party's own testimony shall not be admissible as to any matter which, if true, must have been equally within the knowledge of the person incapable of testifying, unless some material portion of his testimony is supported by some other material evidence tending to corroborate his claim. A "person incapable of testifying" includes an individual who is incapable of testifying by reason of death or incompetency and his heirs, legal representatives, or assigns; and includes an individual, corporation, or other entity, or the successors thereof, whose agent, having material knowledge of the matter, is incapable of testifying by reason of death or incompetency. A "party's own testimony" includes the testimony of his agents, successors, assigns, predecessors, or assignors. In any such actions, all entries, memoranda, and declarations by the individual so incapable of testifying, relevant to the matter, as well as evidence of his acts and habits of dealing tending to disprove or show the improbability of the claims of the adverse party, may be received in evidence. When the deposition, affidavit, or testimony of a person incapable of testifying is taken in his lifetime or when he is mentally sound, and is read in evidence in the action, the affidavit or testimony of the other party shall be admitted in his own behalf on all matters mentioned or covered in the deposition, affidavit, or testimony. When the testimony or deposition of a witness has once been taken and used, or has heretofore been taken and used, upon the trial of any cause, and the same was, when so taken and used, competent and admissible under this section, the subsequent death or incompetency of the witness or of any other person shall not render the testimony incompetent under this section, but the testimony shall be received upon any subsequent trial of such cause. History: Add. 1967, Act 263, Eff. Nov. 2, 1967; Am. 1969, Act 63, Imd. Eff. July 21, 1969; Am. 1974, Act 305, Imd. Eff. Dec. 9, 1974 ## Nearby sections - [Mich. Comp. Laws § 600.102 Construction of act.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.102.md) - [Mich. Comp. Laws § 600.151a State court fund; creation; use; crediting deposits and income from investments; unencumbered balance remaining in fund; distribution of proceeds.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.151a.md) - [Mich. Comp. Laws § 600.151b Court equity fund; creation; duties of state court administrative office; hold harmless fund; payments; reduced shares; retention of balance in work project account; formula; distributions; definitions.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.151b.md) - [Mich. Comp. Laws § 600.176 Judicial electronic filing fund; creation; use; credit; unencumbered balance remaining in fund; administration; expenditure; development of statewide electronic filing system; reimbursement to state court administrative office for costs.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.176.md) - [Mich. Comp. Laws § 600.205 Justices; availability.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.205.md) - [Mich. Comp. Laws § 600.232 Appeals to supreme court.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.232.md) - [Mich. Comp. Laws § 600.238 Judicial performance commission; creation; evaluation of judges; performance standards.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.238.md) - [Mich. Comp. Laws § 600.244 Filing fees to supreme court; waiver; costs.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.244.md) - [Mich. Comp. Laws § 600.251 Staff; budget, expenditures, fees and prerequisites.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.251.md) - [Mich. Comp. Laws § 600.302a Judicial district; county lines; preparation of map by secretary of state.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.302a.md) - [Mich. Comp. Laws § 600.303b Nomination, election, and terms of candidates for new judgeships.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.303b.md) - [Mich. Comp. Laws § 600.304 Court of appeals judge; annual salary; expenses; insurance programs.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.304.md) - [Mich. Comp. Laws § 600.306 Temporary judges.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.306.md) - [Mich. Comp. Laws § 600.308a Action under Const. 1963, Art. 9, § 32; commencement; jurisdiction; limitations; governmental unit as defendant; officer as party; continuation of action against governmental unit and officer's successor; referral of action; findings of fact; costs.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.308a.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MI_C600_AAct-236-of-1961_S600.2166. Check the current official text before relying on it. Not legal advice.