Michigan Compiled Laws
175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96)
Section 767.3 - Proceedings Before Trial; Inquiry; Summoning Witnesses; Notification to Judge; Taking Testimony; Legal Counsel; Disqualification of Judge.

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 misdemeanor has been committed within his jurisdiction, and that any persons may be able to give any material evidence respecting such suspected crime, offense or misdemeanor, such judge in his discretion may make an order directing that an inquiry be made into the matters relating to such complaint, which order, or any amendment thereof, shall be specific to common intent of the scope of the inquiry to be conducted, and thereupon conduct such inquiry. In any court having more than 1 judge such order and the designation of the judge to conduct the inquiry shall be made in accordance with the rules of such court. Thereupon such judge shall require such persons to attend before him as witnesses and answer such questions as the judge may require concerning any violation of law about which they may be questioned within the scope of the order. The proceedings to summon such witness and to compel him to testify shall, as far as possible, be the same as proceedings to summon witnesses and compel their attendance and testimony. The witnesses shall not receive any compensation or remuneration other than witness fees as paid witnesses in other criminal proceedings. The witness shall not be employed in any capacity by the judge or by any person connected with such inquiry, within the scope of the inquiry being conducted. Whenever a subpoena is issued by the judge conducting the inquiry, commanding the appearance of a witness before the judge forthwith upon the service of such subpoena, and, following the service thereof, the witness arrives at the time and place stated in the subpoena, the judge issuing the same shall be forthwith notified of the appearance by the officer serving the subpoena, and the judge forthwith shall appear and take the testimony of the witness. Any person called before the grand jury shall at all times be entitled to legal counsel not involving delay and he may discuss fully with his counsel all matters relative to his part in the inquiry without being subject to a citation for contempt. The witness shall have the right to have counsel present in the room where the inquiry is held. All matters revealed to the attorney shall be subject to the requirements of secrecy in section 4, and any revelation thereof by the attorney shall make him subject to punishment as provided in section 4. No testimony shall be taken or given by any witness except in the presence of the judge.
Any judge, prosecuting attorney or special prosecuting attorney, or the attorney general participating in any inquiry under this section which continues more than 30 calendar days shall thereafter be disqualified from appointment or election to any office other than one held at the time of the inquiry. The disqualification shall not extend more than 1 year from date of termination of the inquiry, as determined by final order of the judge entered prior to such date.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17217 ;-- CL 1948, 767.3 ;-- Am. 1949, Act 311, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 276, Eff. Sept. 28, 1951 ;-- Am. 1965, Act 251, Imd. Eff. July 21, 1965 Former Law: See section 1 of Act 196 of 1917.

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-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.

Section 767.2 - Applicability of Indictment Laws to Informations.

Section 767.3 - Proceedings Before Trial; Inquiry; Summoning Witnesses; Notification to Judge; Taking Testimony; Legal Counsel; Disqualification of Judge.

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 Ju...

Section 767.4a - Proceedings Before Trial; Unlawful Use or Possession of Testimony, Exhibits or Proceedings; Exceptions, Penalty.

Section 767.5 - Proceedings Before Trial; Failure of Witnesses to Appear or Answer Questions; Hearing, Penalty; Commutation or Suspension of Sentence.

Section 767.5a - Disclosing Identity of Informant; Privileged and Confidential Communications.

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.

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.

Section 767.6b - Public Accounting by Judge; Time, Filing.

Section 767.7 - Grand Jury; Summoning, Procedure.

Section 767.7a - Grand Jurors; Term of Service; Recalling.

Section 767.7b - Grand Jury; Petition by Attorney General or County Prosecuting Attorneys to Convene; Jurisdiction; Contents of Petition.

Section 767.7c - Grand Jury Convened by Court of Appeals; Procedure; Jurisdiction.

Section 767.7d - Grand Jury Convened by Court of Appeals; Circumstances.

Section 767.7e - Grand Jury Convened by Court of Appeals; Duties of Court of Appeals.

Section 767.7f - Grand Jury Convened by Court of Appeals; Term; Extension; Dismissal; Recall.

Section 767.7g - Grand Jury Convened by Court of Appeals; Expansion of Jurisdiction; Petition.

Section 767.8 - Grand Jury; Juror; Grounds for Discharge; Summoning New Juror.

Section 767.9 - Grand Jurors; Alphabetical List; Administration and Form of Oath.

Section 767.10 - Grand Jury; Affirmation in Lieu of Oath.

Section 767.11 - Grand Jury; Size; Foreman, Appointment.

Section 767.12 - Grand Jury; Foreman; Term, Vacancy.

Section 767.13 - Grand Jury; Juror; Grounds of Objection to Competency.

Section 767.14 - Grand Jury; No Challenge of Array or Individual Juror in Other Cases.

Section 767.15 - Grand Jury; Witnesses; Administration of Oath, List.

Section 767.16 - Grand Jury; Clerk, Stenographer; Appointment, Duties.

Section 767.17 - Grand Jury; Summoning After Dismissal.

Section 767.18 - Grand Jury; Disclosure of Indictment for Felony.

Section 767.19 - Grand Jury; Testimony to Certain Facts Required.

Section 767.19a - Grand Jury; Order Granting Immunity to Persons Giving Testimony; Application; Verified Petition; Entry of Order.

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.

Section 767.19c - Grand Jury; Witness, Failing to Appear, Contempt; Penalty; Purging.

Section 767.19d - Grand Jury; Perjury.

Section 767.19e - Grand Jury; Right of Witness to Legal Counsel; Communications Between Witness and Legal Counsel.

Section 767.19f - Grand Jury; Publication of Testimony Prohibited; Penalty, Exceptions.

Section 767.19g - Furnishing Testimony of Witness to Person Indicted by Grand Jury.

Section 767.20 - Grand Jury; Examination of Witnesses; Advice on Legal Matters.

Section 767.21 - Grand Jury; Prosecutor to Subpoena Witness.

Section 767.22 - Grand Jury; Appearances to Give Information; Deliberations or Vote of Grand Jury.

Section 767.23 - Grand Jury; Indictment, Vote Required; True Bill.

Section 767.23a - Grand Jury; Indictment; Specifying County Where Offense Took Place.

Section 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.

Section 767.25 - Indictment by Grand Jury; Indorsement; Presentment; Return; Filing; Inspection.

Section 767.26 - Discharge of Accused in Absence of Indictment.

Section 767.27 - Repealed. 1966, Act 266, Eff. Mar. 10, 1967.

Section 767.27a-767.27c - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.

Section 767.28 - Indictment; Right of Indictee to Copy.

Section 767.29 - Discontinuance or Abandonment of Indictment.

Section 767.30 - Warrant for Arrest of Indictee; Issuance, Persons.

Section 767.31 - Warrant for Arrest of Indictee; Persons to Whom Directed; Place of Execution.

Section 767.32 - Subpoena; Witness for Defendant; Issuance by County Clerk, Fee.

Section 767.33 - Subpoena; Witness for Defendant; Disobedience; Penalty, Civil Liability.

Section 767.34 - Witness; Issuance of Capias.

Section 767.35 - Material Witness in Criminal Case; Danger of Loss of Testimony; Requiring Witness to Enter Into Recognizance With Surety; Commitment to Jail.

Section 767.36 - Witness; Subpoena by Prosecution; Necessity of Fee.

Section 767.37 - Indictee; Plea on Arraignment.

Section 767.37a - Arraignments; Use of 2-Way Interactive Video Technology; Access to Courtroom; Court Record.

Section 767.38 - Indictee; Right to Trial or Admission to Bail.

Section 767.39 - Abolition of Distinction Between Accessory and Principal.

Section 767.40 - Information; Filing; Subscription.

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...

Section 767.41 - Inquiry by Prosecuting Attorney Into Preliminary Examination; Statement of Reasons for Not Filing Information; Direction by Court to File Proper Information.

Section 767.42 - Preliminary Examination as Prerequisite to Filing of Information; Remand Where Right Waived Without Benefit of Counsel; Fugitives From Justice.

Section 767.43 - Indictment; Form Generally.

Section 767.44 - Indictment; Forms for Particular Offenses; Bill of Particulars.

Section 767.45 - Contents of Indictment or Information; Felony in Which Motor Vehicle Used.

Section 767.46 - Indictment; Amendment of Certain Parts.

Section 767.47 - Indictment; Effect of Repugnant and Unnecessary Allegations.

Section 767.48 - Indictment; Necessity of Negativing Statutory Exception.

Section 767.49 - Indictment; Statement of Name of Individual, Association or Corporation.

Section 767.50 - Indictment; Description of Instrument.

Section 767.51 - Indictment; Allegation of Time.

Section 767.52 - Indictment; Allegation of Means of Offense.

Section 767.53 - Indictment; Allegation of Value or Price.

Section 767.54 - Indictment; Ownership; Allegation; Proof.

Section 767.55 - Indictment; Allegation of Certain Matters in the Alternative.

Section 767.56 - Indictment; Allegation of Prior Conviction.

Section 767.57 - Pleading; Statute or Statutory Right.

Section 767.58 - Pleading; Judgment or Proceeding.

Section 767.59 - Indictment; Unnecessary Formal Words and Phrases.

Section 767.60 - Indictment; Allegations in Embezzlement, Larceny and False Pretense Cases.

Section 767.61 - Indictment; Description of Money, Bonds, Mortgage and Similar Instrument in Offense Relating Thereto.

Section 767.61a - Indictment; Offense Committed by Sexually Delinquent Person; Prosecution; Expert Testimony Provided; Examination of Witnesses; Testimony in Open Court; Record; Punishment.

Section 767.62 - Place of Indictment, Trial and Conviction; Receiver of Stolen Property.

Section 767.63 - Place of Indictment; Removal of Stolen Property From Another County.

Section 767.64 - Place and Manner of Indictment, Conviction and Punishment; Removing Stolen Property From Another State or Country; Prior Conviction or Acquittal.

Section 767.65 - Place and Manner of Indictment; Receiver of Property Stolen in Another State or Country.

Section 767.66 - Place and Manner of Indictment; Person Aiding and Abetting Thief Who Removes Stolen Property From Another State or Country.

Section 767.67 - Indictment; Charging Accessory Without Principal; Substantial Felony.

Section 767.68 - Indictment; Charge of Jointly Receiving or Concealing Stolen Property; Conviction of Less Than All Indictees.

Section 767.69 - Indictment for Larceny; Additional Counts; Conviction; Election Between Counts Unnecessary.

Section 767.70 - Indictment for Libel; Statement of Application to Party Libelled.

Section 767.71 - Indictment for Murder and Manslaughter; Charging Act.

Section 767.72 - Indictment for Manslaughter; Added Count for Abortion; Admissibility of Dying Declaration Under Either Count.

Section 767.73 - Indictment; Perjury; Sufficiency of Statement.

Section 767.74 - Indictment; Motion to Quash; Dilatory Plea; Proof.

Section 767.75 - Indictment; Certain Defects; Quashing Not Allowed; Remedy.

Section 767.76 - Indictment; Time of Objection to Defect; Amendment; Discharge of Jury; Continuance of Cause; Double Jeopardy; Review of Action by Court.

Section 767.77 - Commission to Examine Out-of-State Witness; Granting on Application of Defendant.

Section 767.78 - Commission to Examine Out-of-State Witness; Interrogatories; Reading of Deposition.

Section 767.79 - Conditional Examination of Witness for Defendant; Order; Notice to Prosecutor.

Section 767.80, 767.81 - Repealed. 1970, Act 232, Imd. Eff. Dec. 3, 1970.

Section 767.82 - Repealed. 1974, Act 266, Eff. Apr. 1, 1975.

Section 767.83 - Indictment Involving Intent to Defraud; Sufficiency of Allegations and Proof.

Section 767.91 - Out of State Witnesses; Attendance; Definitions.

Section 767.92 - Attendance in Another State; Hearing; Summons; Custody; Fee.

Section 767.93 - Attendance From Without the State; Certificate; Fee.

Section 767.94 - Immunity of Witness.

Section 767.94a - Disclosure of Certain Material or Information by Defendant to Prosecuting Attorney; Compliance; Motion for Good Cause.

Section 767.95 - Short Title; Uniformity.

Section 767.96 - Costs of Grand Jury.