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Mich. Comp. Laws § 767.19 Grand jury; testimony to certain facts required.
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Sec. 19. Members of the grand jury may be required by any court to testify, whether the testimony of a witness examined before such jury is consistent with, or different from the evidence given by such witness before such court; and they may also be required to disclose the testi…
Mich. Comp. Laws § 767.19a Grand jury; order granting immunity to persons giving testimony; application; verified petition; entry of order.
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Sec. 19a. The prosecuting attorney may apply to the judge who summoned the jury or his or her successor, or to the presiding judge, for an order granting immunity to any person designated by name and address in the application who might give testimony concerning any matter before…
Mich. Comp. Laws § 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.
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Sec. 19b. (1) A true copy of the order granting immunity shall be delivered to the witness before he or she answers any questions before the grand jury. (2) Truthful testimony or other information compelled under the order granting immunity and any information derived directly or…
Mich. Comp. Laws § 767.19c Grand jury; witness, failing to appear, contempt; penalty; purging.
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Sec. 19c. Any witness who neglects or refuses to appear or testify or both in response to a summons of the grand jury or to answer any questions before the grand jury concerning any matter or thing of which the witness has knowledge concerning matters before the grand jury after …
Mich. Comp. Laws § 767.19d Grand jury; perjury.
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Sec. 19d. A person who wilfully swears falsely under oath in regard to any matter or thing upon which he is being examined is subject to the penalties of perjury as prescribed by law.
Mich. Comp. Laws § 767.19e Grand jury; right of witness to legal counsel; communications between witness and legal counsel.
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Sec. 19e. A witness called before the grand jury is at all times entitled to legal counsel not involving delay. The witness may discuss fully with his or her legal counsel any matter relating to the witness's part in the inquiry without being subject to citation for contempt. The…
Mich. Comp. Laws § 767.19f Grand jury; publication of testimony prohibited; penalty, exceptions.
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Sec. 19f. (1) Except as otherwise provided by law, a person shall not publish or make known to any other person any testimony or exhibits obtained or used, or any proceeding conducted, in connection with any grand jury inquiry. A person who violates this subsection is guilty of a…
Mich. Comp. Laws § 767.19g Furnishing testimony of witness to person indicted by grand jury.
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Sec. 19g. (1) The testimony of any witness before the grand jury shall not be made available to any person indicted by such grand jury prior to the time of trial of the indictment except as otherwise provided by this section. (2) After the filing of an indictment returned by a ci…
Mich. Comp. Laws § 767.2 Applicability of indictment laws to informations.
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Sec. 2. All provisions of the law applying to prosecutions upon indictments, to writs and process therein and the issuing and service thereof, to commitments, bail, motions, pleadings, trials, appeals and punishments, or the execution of any sentence, and to all other proceedings…
Mich. Comp. Laws § 767.20 Grand jury; examination of witnesses; advice on legal matters.
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Sec. 20. If requested by the grand jury, the prosecuting attorney or attorney general shall examine witnesses in the presence of the grand jury, and advise the grand jury on legal matters.
Mich. Comp. Laws § 767.21 Grand jury; prosecutor to subpoena witness.
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Sec. 21. The prosecuting attorney and other prosecuting officers, may, in all cases, issue subpoenas for witnesses to appear and testify on behalf of the people of this state; and the subpoena, under the hand of such officer, shall have the same force and be obeyed in the same ma…
Mich. Comp. Laws § 767.22 Grand jury; appearances to give information; deliberations or vote of grand jury.
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Sec. 22. The prosecuting attorney, attorney general, or other prosecuting officer, shall be allowed at all times to appear before the grand jury on his or her request to give information to the grand jury regarding any matter cognizable by the grand jury. No person other than a g…
Mich. Comp. Laws § 767.23 Grand jury; indictment, vote required; true bill.
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Sec. 23. No indictment can be found without the concurrence of at least 9 grand jurors; and when so found, and not otherwise, the foreman of the grand jury shall certify thereon, under his hand, that the same is a true bill.
Mich. Comp. Laws § 767.23a Grand jury; indictment; specifying county where offense took place.
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Sec. 23a. A grand jury convened under section 7c may indict a person for an offense committed in any county over which the grand jury has jurisdiction. If the grand jury indicts a person under this subsection, the grand jury shall specify in the indictment the county or counties …
Mich. Comp. Laws § 767.24 Indictment; crimes; "Theresa Flores's Law"; definitions; Brandon D'Annunzio's law; findings and filing; exceptions for victims under 18; extension or tolling; applicability of 2024 amendatory act.
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Sec. 24. (1) An indictment for any of the following crimes may be found and filed at any time: (a) Murder, conspiracy to commit murder, or solicitation to commit murder, or criminal sexual conduct in the first degree. (b) A violation of chapter XXXIII of the Michigan penal code, …
Mich. Comp. Laws § 767.25 Indictment by grand jury; indorsement; presentment; return; filing; inspection.
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Sec. 25. (1) If a person is indicted by a grand jury, the grand jury shall indorse all of the names of the complainants and all of the names of the witnesses on the back of the indictment. The foreperson of the grand jury shall present the indictment to the court in the presence …
Mich. Comp. Laws § 767.26 Discharge of accused in absence of indictment.
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Sec. 26. Any person held in prison on any charge of having committed a crime, shall be discharged if he be not indicted before the end of the second term of the court at which he is held to answer unless it shall appear to the satisfaction of the court that the witnesses on the p…
Mich. Comp. Laws § 767.28 Indictment; right of indictee to copy.
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Sec. 28. Every person indicted for any offense, who shall have been arrested upon process issued upon such indictment or who shall have duly entered into recognizance to appear and answer to such indictment shall, on demand, be entitled to a copy of the indictment and of all endo…
Mich. Comp. Laws § 767.29 Discontinuance or abandonment of indictment.
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Sec. 29. A prosecuting attorney shall not enter a nolle prosequi upon an indictment, or discontinue or abandon the indictment, without stating on the record the reasons for the discontinuance or abandonment and without the leave of the court having jurisdiction to try the offense…
Mich. Comp. Laws § 767.3 Proceedings before trial; inquiry; summoning witnesses; notification to judge; taking testimony; legal counsel; disqualification of judge.
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Sec. 3. Whenever by reason of the filing of any complaint, which may be upon information and belief, or upon the application of the prosecuting attorney or attorney general, any judge of a court of law and of record shall have probable cause to suspect that any crime, offense or …
Mich. Comp. Laws § 767.30 Warrant for arrest of indictee; issuance, persons.
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Sec. 30. A warrant for the arrest of any person indicted may be issued by the court to which the indictment shall be presented, or by any justice of the supreme court, or judge of the court for the county in which such indictment shall be found, or judge of any recorder's court o…
Mich. Comp. Laws § 767.31 Warrant for arrest of indictee; persons to whom directed; place of execution.
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Sec. 31. Every warrant shall be directed to the sheriff, constable, police officer or peace officer of the county in which the indictment shall be found, and may be executed in any part of this state.
Mich. Comp. Laws § 767.32 Subpoena; witness for defendant; issuance by county clerk, fee.
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Sec. 32. The clerk of any county in which an indictment shall be found, upon the application of the defendant, and without requiring any fees, shall issue subpoenas as well during the sitting of any court as in vacation, for such witnesses as the defendant may require, whether re…
Mich. Comp. Laws § 767.33 Subpoena; witness for defendant; disobedience; penalty, civil liability.
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Sec. 33. Disobedience to any subpoena issued pursuant to the foregoing provisions, shall be punished in the same manner and upon the like proceedings, as provided by law in other cases; and the person guilty of such disobedience shall be liable to the party at whose instance such…
Mich. Comp. Laws § 767.34 Witness; issuance of capias.
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Sec. 34. Any circuit court or any court of record shall have power to issue capiases, in the first instance, for any witness or witnesses in criminal cases, when it shall satisfactorily appear that such witness or witnesses are material and that there will be danger of the loss o…
Mich. Comp. Laws § 767.35 Material witness in criminal case; danger of loss of testimony; requiring witness to enter into recognizance with surety; commitment to jail.
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Sec. 35. When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that there is a danger of the loss of testimony of the witness unless the witness furnishes bail or is committed if he or she fails to furnish…
Mich. Comp. Laws § 767.36 Witness; subpoena by prosecution; necessity of fee.
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Sec. 36. It shall not be necessary to pay or tender any fees whatever to any witness subpoenaed on the part of the people of this state in support of any prosecution, but such witness shall be bound to attend as if the fees allowed by law to witnesses in civil actions had been du…
Mich. Comp. Laws § 767.37 Indictee; plea on arraignment.
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Sec. 37. When any person shall be arraigned upon an indictment, it shall not be necessary in any case to ask him how he will be tried but if, on being so arraigned, he shall refuse to plead or answer or shall not confess the indictment to be true, the court shall order a plea of …
Mich. Comp. Laws § 767.37a Arraignments; use of 2-way interactive video technology; access to courtroom; court record.
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Sec. 37a. (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 facility and a prison, jail, or other place where a person is imprisoned or detained. A judge or district …
Mich. Comp. Laws § 767.38 Indictee; right to trial or admission to bail.
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Sec. 38. Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration of 6 months from the time when he was imprisoned, or shall be bailed upon his own recognizance, unless it shall appear to the satisfaction of t…
Mich. Comp. Laws § 767.39 Abolition of distinction between accessory and principal.
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Sec. 39. Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had dire…
Mich. Comp. Laws § 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.
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Sec. 4. If upon such inquiry the judge shall be satisfied that any offense has been committed and that there is probable cause to suspect any person to be guilty thereof, he may cause the apprehension of such person by proper process and, upon the return of such process served or…
Mich. Comp. Laws § 767.40 Information; filing; subscription.
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Sec. 40. All informations shall be filed in the court having jurisdiction of the offense specified in the information after the proper return is filed by the examining magistrate and by the prosecuting attorney of the county as informant. The information shall be subscribed by th…
Mich. Comp. Laws § 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.
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Sec. 40a. (1) The prosecuting attorney shall attach to the filed information a list of all witnesses known to the prosecuting attorney who might be called at trial and all res gestae witnesses known to the prosecuting attorney or investigating law enforcement officers. (2) The pr…
Mich. Comp. Laws § 767.41 Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information.
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Sec. 41. The prosecuting attorney of the proper county shall inquire into and make full examination of all the facts and circumstances connected with a case of preliminary examination as provided by law, concerning the commission of an offense where the offender is committed to j…
Mich. Comp. Laws § 767.42 Preliminary examination as prerequisite to filing of information; remand where right waived without benefit of counsel; fugitives from justice.
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Sec. 42. (1) An information shall not be filed against any person for a felony until such person has had a preliminary examination therefor, as provided by law, before an examining magistrate, unless that person waives his statutory right to an examination. If any person waives h…
Mich. Comp. Laws § 767.43 Indictment; form generally.
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Sec. 43. The indictment may be substantially in the following form: In the ......................... (here give the name of the court) ......................... term, 19..... the People of the state of Michigan vs. (here give the name or the description of the accused.) The grand…
Mich. Comp. Laws § 767.44 Indictment; forms for particular offenses; bill of particulars.
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Sec. 44. The following forms may be used in the cases in which they are applicable but any other forms authorized by this or any other law of this state may also be used: Adultery—A.B., a married man, committed adultery with C.D.; or A.B. committed adultery with C.D., a married w…
Mich. Comp. Laws § 767.45 Contents of indictment or information; felony in which motor vehicle used.
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Sec. 45. (1) The indictment or information shall contain all of the following: (a) The nature of the offense stated in language which will fairly apprise the accused and the court of the offense charged. (b) The time of the offense as near as may be. No variance as to time shall …
Mich. Comp. Laws § 767.46 Indictment; amendment of certain parts.
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Sec. 46. Any defect, error or omission in the caption, commencement or conclusion of an indictment may be amended.
Mich. Comp. Laws § 767.47 Indictment; effect of repugnant and unnecessary allegations.
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Sec. 47. No indictment is invalid by reason of any repugnant allegations contained therein, provided that an offense is charged. All unnecessary allegations shall be rejected as surplusage.
Mich. Comp. Laws § 767.48 Indictment; necessity of negativing statutory exception.
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Sec. 48. No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be consid…
Mich. Comp. Laws § 767.49 Indictment; statement of name of individual, association or corporation.
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Sec. 49. In any indictment it is sufficient for the purpose of identifying the accused to state his true name, to state the name, appellation or nickname by which he has been or is known, to state a fictitious name, or to describe him as a person whose name is unknown or to descr…
Mich. Comp. Laws § 767.4a Proceedings before trial; unlawful use or possession of testimony, exhibits or proceedings; exceptions, penalty.
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Sec. 4a. It shall be unlawful for any person, firm or corporation to possess, use, publish, or make known to any other person any testimony, exhibits or secret proceedings obtained or used in connection with any grand jury inquiry conducted prior to the effective date of this act…
Mich. Comp. Laws § 767.5 Proceedings before trial; failure of witnesses to appear or answer questions; hearing, penalty; commutation or suspension of sentence.
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Sec. 5. Any witness neglecting or refusing to appear in response to such summons or to answer any questions which such judge may require as material to such inquiry, shall be deemed guilty of a contempt and after a public hearing in open court and conviction of such contempt, sha…
Mich. Comp. Laws § 767.50 Indictment; description of instrument.
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Sec. 50. Whenever in an indictment an allegation relative to any instrument which consists wholly or in part of writing or figures, pictures or designs, is necessary, it is sufficient to describe such instrument by any name or description by which it is usually known or by its pu…
Mich. Comp. Laws § 767.51 Indictment; allegation of time.
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Sec. 51. Except insofar as time is an element of the offense charged, any allegation of the time of the commission of the offense, whether stated absolutely or under a videlicet, shall be sufficient to sustain proof of the charge at any time before or after the date or dates alle…
Mich. Comp. Laws § 767.52 Indictment; allegation of means of offense.
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Sec. 52. The indictment need contain no allegation of the means by which the offense was committed except insofar as the means is an element of the offense.
Mich. Comp. Laws § 767.53 Indictment; allegation of value or price.
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Sec. 53. The indictment need not allege the value or price of any property unless the value or price is an element of the offense and in such case it is sufficient to aver that the value or price of the property is less than, equals or exceeds the certain value or price which det…
Mich. Comp. Laws § 767.54 Indictment; ownership; allegation; proof.
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Sec. 54. The indictment need not allege the ownership of any property unless such ownership is necessary to indicate the offense. Proof of possession or right of possession or lien or special property in the person alleged to be the owner shall be sufficient to sustain an allegat…