Michigan Compiled Laws 175-1927-vii Chapter VII Grand Juries, Indictments, Informations And Proceedings Before Trial (767.1...767.96)

• Section 767.1 Courts Of Record; Jurisdiction Over Prosecutions Upon Information.
  The several circuit courts of this state, the recorders' courts and any court of record having jurisdiction of criminal causes, shall possess and may...
• Section 767.2 Applicability Of Indictment Laws To Informations.
  All provisions of the law applying to prosecutions upon indictments, to writs and process therein and the issuing and service thereof, to commitments, bail,...
• Section 767.3 Proceedings Before Trial; Inquiry; Summoning Witnesses; Notification To Judge; Taking Testimony; Legal Counsel; Disqualification Of Judge.
  Whenever by reason of the filing of any complaint, which may be upon information and belief, or upon the application of the prosecuting attorney...
• Section 767.4 Proceedings Before Trial; Apprehension Of Suspect; Disqualification As Examining Magistrate; Finding As To Misconduct In Office; Disclosures, Penalty, Exceptions; Report Of No Finding Of Criminal Guilt; Period Of Inquiry; Successor Judge, Appointment.
  If upon such inquiry the judge shall be satisfied that any offense has been committed and that there is probable cause to suspect any...
• Section 767.4a Proceedings Before Trial; Unlawful Use Or Possession Of Testimony, Exhibits Or Proceedings; Exceptions, Penalty.
  It shall be unlawful for any person, firm or corporation to possess, use, publish, or make known to any other person any testimony, exhibits...
• Section 767.5 Proceedings Before Trial; Failure Of Witnesses To Appear Or Answer Questions; Hearing, Penalty; Commutation Or Suspension Of Sentence.
  Any witness neglecting or refusing to appear in response to such summons or to answer any questions which such judge may require as material...
• Section 767.5a Disclosing Identity Of Informant; Privileged And Confidential Communications.
  (1) a reporter or other person who is involved in the gathering or preparation of news for broadcast or publication shall not be required...
• Section 767.6 Incriminating Answers Of Witnesses; Order Granting Immunity; Use Of Truthful Testimony Or Other Information Against Witness In Criminal Case; Transcript; Applicability Of Secrecy Provisions; Scope Of Order.
  (1) Upon inquiry, a witness shall not be required to answer any questions or be convicted for contempt upon refusal to do so If...
• Section 767.6a Docket, Journal, Transcript And Record; Seal And File; Violation Of Secrecy; Available In Connection With Appeal, Order, Receipt; Destruction Of Transcripts, Notes And Records.
  On termination of any such inquiry lasting not more than 30 calendar days the docket, journal, reporters' notes, transcript and other record of such...
• Section 767.6b Public Accounting By Judge; Time, Filing.
  Within 90 days after the termination of such inquiry, such judge shall file with the clerk of the court having jurisdiction a public accounting...
• Section 767.7 Grand Jury; Summoning, Procedure.
  Grand juries shall not hereafter be drawn, summoned or required to attend at the sittings of any court within this state, as provided by...
• Section 767.7a Grand Jurors; Term Of Service; Recalling.
  Notwithstanding the provisions of section 1343 of Act No. 236 of the Public Acts of 1961, as added, being section 600.1343 of the Compiled...
• Section 767.7b Grand Jury; Petition By Attorney General Or County Prosecuting Attorneys To Convene; Jurisdiction; Contents Of Petition.
  (1) The attorney general may petition the court of appeals of this state to convene a grand jury with jurisdiction over 2 or more...
• Section 767.7c Grand Jury Convened By Court Of Appeals; Procedure; Jurisdiction.
  The court of appeals of this state, acting in a 3-judge panel consistent with the Michigan court rules, may convene a grand jury with...
• Section 767.7d Grand Jury Convened By Court Of Appeals; Circumstances.
  The court of appeals may convene a grand jury under section 7c with jurisdiction over 2 or more counties in this state if a...
• Section 767.7e Grand Jury Convened By Court Of Appeals; Duties Of Court Of Appeals.
  If the court of appeals convenes a grand jury with jurisdiction over 2 or more counties, the court of appeals shall do all of...
• Section 767.7f Grand Jury Convened By Court Of Appeals; Term; Extension; Dismissal; Recall.
  (1) Except as provided in subsection (2), the term of a grand jury convened under section 7c shall not exceed 6 months. (2) The...
• Section 767.7g Grand Jury Convened By Court Of Appeals; Expansion Of Jurisdiction; Petition.
  (1) If a grand jury has been convened under section 7c(a), and the attorney general seeks to expand the jurisdiction of the grand jury...
• Section 767.8 Grand Jury; Juror; Grounds For Discharge; Summoning New Juror.
  Any court in which a grand jury may be sitting, may discharge any of the grand jurors for intoxication or other gross misconduct; and...
• Section 767.9 Grand Jurors; Alphabetical List; Administration And Form Of Oath.
  The clerk of the court shall prepare an alphabetical list of all the persons returned as grand jurors. When the jury is to be...
• Section 767.10 Grand Jury; Affirmation In Lieu Of Oath.
  Any person returned as a grand juror shall be allowed to make affirmation, substituting the word “affirm” instead of the word “swear”; and also...
• Section 767.11 Grand Jury; Size; Foreman, Appointment.
  There shall be no more than 17 persons nor less than 13 persons sworn on any grand jury; and after such jurors have been...
• Section 767.12 Grand Jury; Foreman; Term, Vacancy.
  The foreman appointed by the court in the manner provided in the preceding section, shall be foreman during the whole time they are required...
• Section 767.13 Grand Jury; Juror; Grounds Of Objection To Competency.
  A person held to answer to any criminal charge may object to the competency of any 1 summoned to serve as a grand juror,...
• Section 767.14 Grand Jury; No Challenge Of Array Or Individual Juror In Other Cases.
  No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed in any other case...
• Section 767.15 Grand Jury; Witnesses; Administration Of Oath, List.
  The foreman of every grand jury, the attorney general and the prosecuting attorney, or other prosecuting officer who shall be before them, shall have...
• Section 767.16 Grand Jury; Clerk, Stenographer; Appointment, Duties.
  The grand jury may appoint 1 of their number to be their clerk, to preserve minutes of their proceedings and of evidence given before...
• Section 767.17 Grand Jury; Summoning After Dismissal.
  When the grand jury attending any court shall have been dismissed before the court is adjourned without day, they may be summoned to attend...
• Section 767.18 Grand Jury; Disclosure Of Indictment For Felony.
  No grand juror, stenographer or officer of the court shall disclose the fact that any indictment for a felony has been found against any...
• Section 767.19 Grand Jury; Testimony To Certain Facts Required.
  Members of the grand jury may be required by any court to testify, whether the testimony of a witness examined before such jury is...
• Section 767.19a Grand Jury; Order Granting Immunity To Persons Giving Testimony; Application; Verified Petition; Entry Of Order.
  The prosecuting attorney may apply to the judge who summoned the jury or his or her successor, or to the presiding judge, for an...
• Section 767.19b Delivery Of Immunity Order To Witness; Use Of Truthful Testimony Or Other Information Against Witness In Criminal Case; Transcript; Duration Of Order Granting Immunity.
  (1) A true copy of the order granting immunity shall be delivered to the witness before he or she answers any questions before the...
• Section 767.19c Grand Jury; Witness, Failing To Appear, Contempt; Penalty; Purging.
  Any witness who neglects or refuses to appear or testify or both in response to a summons of the grand jury or to answer...
• Section 767.19d Grand Jury; Perjury.
  A person who wilfully swears falsely under oath in regard to any matter or thing upon which he is being examined is subject to...
• Section 767.19e Grand Jury; Right Of Witness To Legal Counsel; Communications Between Witness And Legal Counsel.
  A witness called before the grand jury is at all times entitled to legal counsel not involving delay. The witness may discuss fully with...
• Section 767.19f Grand Jury; Publication Of Testimony Prohibited; Penalty, Exceptions.
  (1) Except as otherwise provided by law, a person shall not publish or make known to any other person any testimony or exhibits obtained...
• Section 767.19g Furnishing Testimony Of Witness To Person Indicted By Grand Jury.
  (1) The testimony of any witness before the grand jury shall not be made available to any person indicted by such grand jury prior...
• Section 767.20 Grand Jury; Examination Of Witnesses; Advice On Legal Matters.
  If requested by the grand jury, the prosecuting attorney or attorney general shall examine witnesses in the presence of the grand jury, and advise...
• Section 767.21 Grand Jury; Prosecutor To Subpoena Witness.
  The prosecuting attorney and other prosecuting officers, may, in all cases, issue subpoenas for witnesses to appear and testify on behalf of the people...
• Section 767.22 Grand Jury; Appearances To Give Information; Deliberations Or Vote Of Grand Jury.
  The prosecuting attorney, attorney general, or other prosecuting officer, shall be allowed at all times to appear before the grand jury on his or...
• Section 767.23 Grand Jury; Indictment, Vote Required; True Bill.
  No indictment can be found without the concurrence of at least 9 grand jurors; and when so found, and not otherwise, the foreman of...
• Section 767.23a Grand Jury; Indictment; Specifying County Where Offense Took Place.
  A grand jury convened under section 7c may indict a person for an offense committed in any county over which the grand jury has...
• Section 767.24 Indictments; Crimes; Subsection (2) To Be Known As "Theresa Flores's Law"; Subsection (4) To Be Known As Brandon D'annunzio's Law; Findings And Filing; Limitations; Extension Or Tolling.
  (1) An indictment for any of the following crimes may be found and filed at any time: (a) Murder, conspiracy to commit murder, or...
• Section 767.25 Indictment By Grand Jury; Indorsement; Presentment; Return; Filing; Inspection.
  (1) If a person is indicted by a grand jury, the grand jury shall indorse all of the names of the complainants and all...
• Section 767.26 Discharge Of Accused In Absence Of Indictment.
  Any person held in prison on any charge of having committed a crime, shall be discharged if he be not indicted before the end...
• Section 767.27 Repealed. 1966, Act 266, Eff. Mar. 10, 1967.
  Compiler's Notes: The repealed section pertained to procedure followed when person accused of felony was found to be insane or when he was acquitted of...
• Section 767.27a-767.27c Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
  Compiler's Notes: The repealed sections pertained to persons incompetent to stand trial.
• Section 767.28 Indictment; Right Of Indictee To Copy.
  Every person indicted for any offense, who shall have been arrested upon process issued upon such indictment or who shall have duly entered into...
• Section 767.29 Discontinuance Or Abandonment Of Indictment.
  A prosecuting attorney shall not enter a nolle prosequi upon an indictment, or discontinue or abandon the indictment, without stating on the record the...
• Section 767.30 Warrant For Arrest Of Indictee; Issuance, Persons.
  A warrant for the arrest of any person indicted may be issued by the court to which the indictment shall be presented, or by...
• Section 767.31 Warrant For Arrest Of Indictee; Persons To Whom Directed; Place Of Execution.
  Every warrant shall be directed to the sheriff, constable, police officer or peace officer of the county in which the indictment shall be found,...
• Section 767.32 Subpoena; Witness For Defendant; Issuance By County Clerk, Fee.
  The clerk of any county in which an indictment shall be found, upon the application of the defendant, and without requiring any fees, shall...
• Section 767.33 Subpoena; Witness For Defendant; Disobedience; Penalty, Civil Liability.
  Disobedience to any subpoena issued pursuant to the foregoing provisions, shall be punished in the same manner and upon the like proceedings, as provided...
• Section 767.34 Witness; Issuance Of Capias.
  Any circuit court or any court of record shall have power to issue capiases, in the first instance, for any witness or witnesses in...
• Section 767.35 Material Witness In Criminal Case; Danger Of Loss Of Testimony; Requiring Witness To Enter Into Recognizance With Surety; Commitment To Jail.
  When it appears to a court of record that a person is a material witness in a criminal case pending in a court in...
• Section 767.36 Witness; Subpoena By Prosecution; Necessity Of Fee.
  It shall not be necessary to pay or tender any fees whatever to any witness subpoenaed on the part of the people of this...
• Section 767.37 Indictee; Plea On Arraignment.
  When any person shall be arraigned upon an indictment, it shall not be necessary in any case to ask him how he will be...
• Section 767.37a Arraignments; Use Of 2-way Interactive Video Technology; Access To Courtroom; Court Record.
  (1) A judge or district court magistrate may conduct initial criminal arraignments and set bail by 2-way interactive video technology communication between a court...
• Section 767.38 Indictee; Right To Trial Or Admission To Bail.
  Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration...
• Section 767.39 Abolition Of Distinction Between Accessory And Principal.
  Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets...
• Section 767.40 Information; Filing; Subscription.
  All informations shall be filed in the court having jurisdiction of the offense specified in the information after the proper return is filed by...
• Section 767.40a Attaching List Of Witnesses To Filed Information; Disclosing Names Of Res Gestae Witnesses; Sending List To Defendant Or Defendant's Attorney; Additions Or Deletions From List; Request For Assistance In Locating And Serving Process On Witness; Objection To Request; Hearing; Impeachment Or Cross-examination Of Witness.
  (1) The prosecuting attorney shall attach to the filed information a list of all witnesses known to the prosecuting attorney who might be called...
• Section 767.41 Inquiry By Prosecuting Attorney Into Preliminary Examination; Statement Of Reasons For Not Filing Information; Direction By Court To File Proper Information.
  The prosecuting attorney of the proper county shall inquire into and make full examination of all the facts and circumstances connected with a case...
• Section 767.42 Preliminary Examination As Prerequisite To Filing Of Information; Remand Where Right Waived Without Benefit Of Counsel; Fugitives From Justice.
  (1) An information shall not be filed against any person for a felony until such person has had a preliminary examination therefor, as provided...
• Section 767.43 Indictment; Form Generally.
  The indictment may be substantially in the following form: In the ......................... (here give the name of the court) ......................... term, 19..... the People...
• Section 767.44 Indictment; Forms For Particular Offenses; Bill Of Particulars.
  The following forms may be used in the cases in which they are applicable but any other forms authorized by this or any other...
• Section 767.45 Contents Of Indictment Or Information; Felony In Which Motor Vehicle Used.
  (1) The indictment or information shall contain all of the following: (a) The nature of the offense stated in language which will fairly apprise...
• Section 767.46 Indictment; Amendment Of Certain Parts.
  Any defect, error or omission in the caption, commencement or conclusion of an indictment may be amended. History: 1927, Act 175, Eff. Sept. 5,...
• Section 767.47 Indictment; Effect Of Repugnant And Unnecessary Allegations.
  No indictment is invalid by reason of any repugnant allegations contained therein, provided that an offense is charged. All unnecessary allegations shall be rejected...
• Section 767.48 Indictment; Necessity Of Negativing Statutory Exception.
  No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception,...
• Section 767.49 Indictment; Statement Of Name Of Individual, Association Or Corporation.
  In any indictment it is sufficient for the purpose of identifying the accused to state his true name, to state the name, appellation or...
• Section 767.50 Indictment; Description Of Instrument.
  Whenever in an indictment an allegation relative to any instrument which consists wholly or in part of writing or figures, pictures or designs, is...
• Section 767.51 Indictment; Allegation Of Time.
  Except insofar as time is an element of the offense charged, any allegation of the time of the commission of the offense, whether stated...
• Section 767.52 Indictment; Allegation Of Means Of Offense.
  The indictment need contain no allegation of the means by which the offense was committed except insofar as the means is an element of...
• Section 767.53 Indictment; Allegation Of Value Or Price.
  The indictment need not allege the value or price of any property unless the value or price is an element of the offense and...
• Section 767.54 Indictment; Ownership; Allegation; Proof.
  The indictment need not allege the ownership of any property unless such ownership is necessary to indicate the offense. Proof of possession or right...
• Section 767.55 Indictment; Allegation Of Certain Matters In The Alternative.
  In an indictment for an offense which is constituted of 1 or more of several acts, or which may be committed by 1 or...
• Section 767.56 Indictment; Allegation Of Prior Conviction.
  Whenever it is necessary to allege a prior conviction of the accused in an indictment, it is sufficient to allege that the accused was...
• Section 767.57 Pleading; Statute Or Statutory Right.
  In pleading a statute or a right derived therefrom it is sufficient to refer to the statute by its title, or in any other...
• Section 767.58 Pleading; Judgment Or Proceeding.
  In pleading a judgment or other determination of, or a proceeding before any court or officer, civil or military, it is unnecessary to allege...
• Section 767.59 Indictment; Unnecessary Formal Words And Phrases.
  The indictment need not allege that the offense was committed or the act done “feloniously” or “traitorously” or “unlawfully” or “with force of arms”...
• Section 767.60 Indictment; Allegations In Embezzlement, Larceny And False Pretense Cases.
  In any prosecution for the offenses of embezzlement, larceny, larceny by conversion, or obtaining money or property by false pretenses under the statutes of...
• Section 767.61 Indictment; Description Of Money, Bonds, Mortgage And Similar Instrument In Offense Relating Thereto.
  In an indictment for larceny, larceny by conversion, embezzlement, robbery, obtaining money by false pretenses, receiving stolen property or for any other criminal conversion...
• Section 767.61a Indictment; Offense Committed By Sexually Delinquent Person; Prosecution; Expert Testimony Provided; Examination Of Witnesses; Testimony In Open Court; Record; Punishment.
  In any prosecution for an offense committed by a sexually delinquent person for which may be imposed an alternate sentence to imprisonment for an...
• Section 767.62 Place Of Indictment, Trial And Conviction; Receiver Of Stolen Property.
  In the cases where any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen,...
• Section 767.63 Place Of Indictment; Removal Of Stolen Property From Another County.
  When any property shall be stolen in 1 county and brought into another, the offender may be indicted, tried and convicted in the county...
• Section 767.64 Place And Manner Of Indictment, Conviction And Punishment; Removing Stolen Property From Another State Or Country; Prior Conviction Or Acquittal.
  Every person who shall feloniously steal the property of another, in any other state or country, and shall bring the same into this state,...
• Section 767.65 Place And Manner Of Indictment; Receiver Of Property Stolen In Another State Or Country.
  Every receiver of personal property that shall have been feloniously stolen, knowing the same to have been stolen, may be indicted, convicted and punished...
• Section 767.66 Place And Manner Of Indictment; Person Aiding And Abetting Thief Who Removes Stolen Property From Another State Or Country.
  Every person who shall aid and abet any thief, such thief having brought the stolen property into this state, may be indicted, convicted and...
• Section 767.67 Indictment; Charging Accessory Without Principal; Substantial Felony.
  Any number of accessories after the fact, or receivers, buyers, or persons aiding in the concealment of any stolen money, goods, or property may...
• Section 767.68 Indictment; Charge Of Jointly Receiving Or Concealing Stolen Property; Conviction Of Less Than All Indictees.
  If 2 or more persons are indicted for jointly receiving, buying or aiding in the concealment of any stolen property, and the evidence shall...
• Section 767.69 Indictment For Larceny; Additional Counts; Conviction; Election Between Counts Unnecessary.
  An indictment for larceny may contain also a count for embezzlement, larceny by conversion, obtaining property by false pretenses or for receiving or having...
• Section 767.70 Indictment For Libel; Statement Of Application To Party Libelled.
  An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libelled of the...
• Section 767.71 Indictment For Murder And Manslaughter; Charging Act.
  In all indictments for murder and manslaughter it shall not be necessary to set forth the manner in which nor the means by which...
• Section 767.72 Indictment For Manslaughter; Added Count For Abortion; Admissibility Of Dying Declaration Under Either Count.
  An indictment or information for manslaughter may contain also a count for procuring or attempting to procure an abortion and the jury may convict...
• Section 767.73 Indictment; Perjury; Sufficiency Of Statement.
  An indictment for perjury or for subornation of, solicitation, or conspiracy to commit perjury, is sufficient which indicates the offense for which the accused...
• Section 767.74 Indictment; Motion To Quash; Dilatory Plea; Proof.
  No motion to quash, plea in abatement or other dilatory plea to the indictment, shall be received by any court unless the party offering...
• Section 767.75 Indictment; Certain Defects; Quashing Not Allowed; Remedy.
  No indictment shall be quashed, set aside or dismissed for any 1 or more of the following defects: (First) That there is a misjoinder...
• Section 767.76 Indictment; Time Of Objection To Defect; Amendment; Discharge Of Jury; Continuance Of Cause; Double Jeopardy; Review Of Action By Court.
  No indictment shall be quashed, set aside or dismissed or motion to quash be sustained or any motion for delay of sentence for the...
• Section 767.77 Commission To Examine Out-of-state Witness; Granting On Application Of Defendant.
  When an issue of fact shall be joined upon any indictment, the court in which the same is pending may, on application of the...
• Section 767.78 Commission To Examine Out-of-state Witness; Interrogatories; Reading Of Deposition.
  Interrogatories to be annexed to such commission shall be settled and such commission shall be issued, executed and returned in the manner prescribed by...
• Section 767.79 Conditional Examination Of Witness For Defendant; Order; Notice To Prosecutor.
  After an indictment shall be found against any defendant, he may have witnesses examined in his behalf conditionally on the order of a judge...
• Section 767.80, 767.81 Repealed. 1970, Act 232, Imd. Eff. Dec. 3, 1970.
  Compiler's Notes: The repealed sections pertained to residents of this state being required to attend as a witness in a criminal action in another state...
• Section 767.82 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
  Compiler's Notes: The repealed section pertained to charge of taking indecent liberties in indictment for rape or attempted rape.
• Section 767.83 Indictment Involving Intent To Defraud; Sufficiency Of Allegations And Proof.
  In any prosecution where an intent to defraud is required to constitute the offense, it shall be sufficient to allege in the indictment an...
• Section 767.91 Out Of State Witnesses; Attendance; Definitions.
  As used in sections 91 to 95 of this chapter: (a) “Witness” includes a person whose testimony is desired in any proceeding or investigation...
• Section 767.92 Attendance In Another State; Hearing; Summons; Custody; Fee.
  (1) A judge of a court of record in a state which by law has provided for commanding persons within that state to attend...
• Section 767.93 Attendance From Without The State; Certificate; Fee.
  (1) If a person in a state, which by law provides for commanding persons within its borders to attend and testify in criminal prosecutions,...
• Section 767.94 Immunity Of Witness.
  (1) If a person comes into this state in obedience to a summons which is issued pursuant to section 93 he shall not while...
• Section 767.94a Disclosure Of Certain Material Or Information By Defendant To Prosecuting Attorney; Compliance; Motion For Good Cause.
  (1) A defendant or his or her attorney shall disclose to the prosecuting attorney upon request the following material or information within the possession...
• Section 767.95 Short Title; Uniformity.
  Sections 91 to 95 constitute the uniform act to secure the attendance of witnesses from without a state in criminal proceedings and shall be...
• Section 767.96 Costs Of Grand Jury.
  (1) Except as otherwise provided by law, the costs of a grand jury convened under section 7c(a) shall be borne by this state, and...

Last modified: October 10, 2016