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PEOPLE v. PHILLIPS

Docket No. 119429, Calendar No. 11.

663 N.W.2d 463 (2003)

468 Mich. 583

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Paul Lewis PHILLIPS, Jr., Defendant-Appellee.

Supreme Court of Michigan.

Decided June 25, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and Janet M. Boes, Assistant Prosecuting Attorney, Saginaw, MI, for the people.

Joseph S. Harrison and Hugh R. LeFevre, Saginaw, MI, for the defendant.

Joseph K. Sheeran, President, Jeffrey L. Sauter, Prosecuting Attorney, and William M. Worden, Senior Assistant Prosecuting Attorney, Charlotte, MI, for the Prosecuting Attorneys Association of Michigan, Amici Curiae.

Cramer & Minock, PLC (by John Minock), and (by Bridget M. McCormick), Ann Arbor, MI, for Criminal Defense Attorneys of Michigan, Amici Curiae.

Opinion

MICHAEL F. CAVANAGH, J.

We granted leave to appeal in this case to determine whether MCR 6.201 permits a trial judge to compel a party in a criminal case to create reports from an expert witness when no such report exists. The plain language of MCR 6.201(A) applies only to providing reports that already exist. Therefore, we conclude that a trial court may not compel a party in a criminal case to create an expert witness report. We also conclude that...

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