Michigan Compiled Laws
175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22)
Section 766.7 - Adjournment, Continuance, or Delay of Preliminary Examination.

Sec. 7.
A magistrate may adjourn a preliminary examination for a felony to a place in the county as the magistrate determines is necessary. The defendant may in the meantime be committed either to the county jail or to the custody of the officer by whom he or she was arrested or to any other officer; or, unless the defendant is charged with treason or murder, the defendant may be admitted to bail. The defendant may waive the preliminary examination with the consent of the prosecuting attorney. An adjournment, continuance, or delay of a preliminary examination may be granted by a magistrate without the consent of the defendant or the prosecuting attorney for good cause shown. A magistrate may adjourn, continue, or delay the examination of any cause with the consent of the defendant and prosecuting attorney. An action on the part of the magistrate in adjourning or continuing any case does not cause the magistrate to lose jurisdiction of the case.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17199 ;-- CL 1948, 766.7 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014 Compiler's Notes: Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”Enacting section 1 of Act 123 of 2014 provides:"Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."Former Law: See section 10 of Ch. 163 of R.S. 1846, being CL 1857, § 5986; CL 1871, § 7852; How., § 9463; CL 1897, § 11847; and CL 1915, § 15674.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 760 - 777 - Code of Criminal Procedure

Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)

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.

Section 766.2, 766.3 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

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 Magistrat...

Section 766.5 - Bail; Commitment to Jail; Release on Own Recognizance.

Section 766.6 - Associate Magistrate; Powers, Duties, Fees.

Section 766.7 - Adjournment, Continuance, or Delay of Preliminary Examination.

Section 766.8 - Adjournment of Examination; Form of Commitment of Accused, Order for Re-Appearance.

Section 766.9 - Closure of Preliminary Examination.

Section 766.10 - Exclusion of Persons From Examination; Witness Not Examined, Minor; Separation of Witnesses.

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.

Section 766.11a - Testimony of Witness; Conduct by Telephonic, Voice, or Video Conferencing.

Section 766.11b - Rules of Evidence; Exception; Hearsay Testimony; "Controlled Substance" Defined.

Section 766.12 - Evidence for Defense; Examination, Cross-Examination of Witnesses.

Section 766.13 - Discharge of Defendant or Reduction of Charge; Binding Defendant to Appear for Arraignment.

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.

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 Examina...

Section 766.15a, 766.15b - Repealed. 1951, Act 170, Eff. Sept. 28, 1951.

Section 766.15c - Repealed. 1966, Act 266, Eff. Mar. 10, 1967.

Section 766.15d - Repealed. 1951, Act 170, Eff. Sept. 28, 1951.

Section 766.16 - Default of Recognizance; Record; Procedure.

Section 766.17 - Admission to Bail After Commitment to Jail; Discharge of Prisoner.

Section 766.18 - Admission to Bail After Commitment to Jail; Clerk of Court, Authority.

Section 766.19-766.22 - Repealed. 1994, Act 63, Eff. July 1, 1994.