Use of Portable Electronic Devices in the Courtroom
These rules are derived from Michigan Court Rules 8.115
A portable device is defined as a mobile device capable of electronically storing, accessing, or transmitting information. This encompasses, among other things, a portable computer of any size, including a tablet, a notebook, or laptop; a smart phone, a cell phone, or other wireless phone; a camera and other audio or video recording devices; a personal digital assistant; other devices that provide internet access; and any similar items.
Inside the courtroom, no-one may use a portable electronic device to take photographs or for audio or video recording, broadcasting, or live streaming unless that use is specifically allowed by the judge presiding over that courtroom.
Outside the courtroom, in areas of the courthouse other than courtrooms, no-one may photograph, record, broadcast, or live stream an individual without that individual’s prior express consent. No-one may photograph, record, broadcast, or live stream any juror or anyone called to the court for jury service.
Jurors must turn off their portable electronic devices while present in a courtroom. A court may order jurors to turn off their portable electronic devices during deliberations. Jurors may provide the number for the 28th Circuit Court to whose who may need to reach them in an emergency. That number is 231-779-9490.
Witnesses must silence any portable electronic devices while in a courtroom and may use a device while testifying only with permission of a judge.
Use of portable electronic devices in the 28th Circuit Court may be used in the courthouse generally subject to the authority of the Chief Judge, judges of each courtroom, Clerks of the Court, or court administrators to limit or terminate activity that is disruptive to court operations or that compromise courthouse security.
Attorneys, parties, and member of the public may use portable electronic devices in a courtroom to retrieve or to store information (such as notetaking), to access the internet, and to send and receive text messages or information. They may also use these devices to produce public court documents in the clerk’s office as long as the device leave no mark or impression on the document and does not unreasonably interfere with the operations of the clerk’s office.
If these rules are violated, the judge presiding in the courtroom may confiscate the device for the remainder of the day or order that the phone be turned off and put away. Violations of these rules are punishable by appropriate sanctions up to and including contempt of court as determined in the discretion of the court.