Michigan Compiled Laws 175-1927-vi Chapter VI Examination Of Offenders (766.1...766.22)

• Section 766.1 Right Of State And Defendant To Prompt Examination And Determination; Authority Of District Court Magistrate.
  The state and the defendant are entitled to a prompt examination and determination by the examining magistrate in all criminal causes and it is...
• Section 766.2, 766.3 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed sections pertained to examination on oath of complainant and witnesses.
• Section 766.4 Probable Cause Conference And Preliminary Examination; Dates; Scope; Waiver; Acceptance Of Plea Agreement; Scheduling And Commencement Of Preliminary Examination; Testimony Of Victim; Definition; Codefendants; Examination By Magistrate.
  (1) Except as provided in section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4, the magistrate before...
• Section 766.5 Bail; Commitment To Jail; Release On Own Recognizance.
  If it appears that a felony has been committed and that there is probable cause to believe that the accused is guilty thereof, and...
• Section 766.6 Associate Magistrate; Powers, Duties, Fees.
  Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself 1 or more other magistrates of...
• Section 766.7 Adjournment, Continuance, Or Delay Of Preliminary Examination.
  A magistrate may adjourn a preliminary examination for a felony to a place in the county as the magistrate determines is necessary. The defendant...
• Section 766.8 Adjournment Of Examination; Form Of Commitment Of Accused, Order For Re-appearance.
  The person accused may be committed as provided in the preceding section, by the verbal order of the magistrate, or by a warrant under...
• Section 766.9 Closure Of Preliminary Examination.
  (1) Upon the motion of any party, the examining magistrate may close to members of the general public the preliminary examination of a person...
• Section 766.10 Exclusion Of Persons From Examination; Witness Not Examined, Minor; Separation Of Witnesses.
  The magistrate while conducting such examination may exclude from the place of the examination all the witnesses who have not been examined; and he...
• Section 766.11 Subpoena Of Witnesses; Taking Down Evidence In Shorthand; Appointment, Oath, And Fees Of Stenographer; Signing Of Testimony Not Required; Testimony To Be Typewritten, Certified, Received, And Filed; Testimony As Prima Facie Evidence.
  (1) Witnesses may be compelled to appear before the magistrate by subpoenas issued by the magistrate, or by an officer of the court authorized...
• Section 766.11a Testimony Of Witness; Conduct By Telephonic, Voice, Or Video Conferencing.
  On motion of either party, the magistrate shall permit the testimony of any witness, except the complaining witness, an alleged eyewitness, or a law...
• Section 766.11b Rules Of Evidence; Exception; Hearsay Testimony; "Controlled Substance" Defined.
  (1) The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall...
• Section 766.12 Evidence For Defense; Examination, Cross-examination Of Witnesses.
  After the testimony in support of the prosecution has been given, the witnesses for the prisoner, if he have any, shall be sworn, examined...
• Section 766.13 Discharge Of Defendant Or Reduction Of Charge; Binding Defendant To Appear For Arraignment.
  If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable...
• Section 766.14 Proceedings Where Offense Charged Not Felony; Transfer Of Case To Family Division Of Circuit Court; Waiver Of Jurisdiction; “specified Juvenile Violation” Defined.
  (1) If the court determines at the conclusion of the preliminary examination of a person charged with a felony that the offense charged is...
• Section 766.15 Certification And Return Of Examinations And Recognizances; Effect Of Refusing Or Neglecting To Return Examinations And Recognizances; Written Demand Or Motion To Prepare Or File Written Transcript Of Testimony Of Preliminary Examination; Listening To Electronically Recorded Testimony, Copy Of Recording Tape Or Disc, Or Stenographer's Notes.
  (1) Except as provided in subsection (2) or (3), all examinations and recognizances taken by a magistrate pursuant to this chapter shall be immediately...
• Section 766.15a, 766.15b Repealed. 1951, Act 170, Eff. Sept. 28, 1951.
  Compiler's Notes: The repealed sections provided for mental examination of any person charged with murder, and set penalty for failure of any clerk of court...
• Section 766.15c Repealed. 1966, Act 266, Eff. Mar. 10, 1967.
  Compiler's Notes: The repealed section provided for commitment to state hospital for criminally insane for life of one acquitted of murder by reason of insanity,...
• Section 766.15d Repealed. 1951, Act 170, Eff. Sept. 28, 1951.
  Compiler's Notes: The repealed section defined psychiatrist under section providing for mental examination of persons charged with murder.
• Section 766.16 Default Of Recognizance; Record; Procedure.
  If the person recognized according to the provisions of this chapter shall not appear before the magistrate at the time appointed for his further...
• Section 766.17 Admission To Bail After Commitment To Jail; Discharge Of Prisoner.
  Whenever no sufficient bail is offered, and the prisoner is committed to jail, the magistrate before whom the examination was had, shall certify upon...
• Section 766.18 Admission To Bail After Commitment To Jail; Clerk Of Court, Authority.
  The clerk of the court to whom such bail is offered, is authorized and required to examine the person or persons offered for bail...
• Section 766.19-766.22 Repealed. 1994, Act 63, Eff. July 1, 1994.
  Compiler's Notes: The repealed sections pertained to discharge of accused and recognizance in misdemeanor cases where injured party receives satisfaction.

Last modified: October 10, 2016