Donkers v. Kovach

I respectfully dissent because the plain text of MCL 600.1432 and MCL 600.1434, read in harmony, requires a witness to raise his or her right hand to swear or affirm to tell the truth before testifying. I also find no constitutional impediment to applying the plain statutory language as written. Thus, the trial court did not commit a legal error in requiring plaintiff Donkers to raise her right hand to affirm to tell the truth on deposition. Finally, considering all the circumstances of this case, I conclude that the trial *375court did not abuse its discretion or commit plain error warranting…