Sec. 92.
(1) A judge of a court of record in a state which by law has provided for commanding persons within that state to attend and testify in this state may certify under seal of his court that for purposes of a criminal prosecution in his court or a grand jury investigation in his state, a person in this state is required as a material witness for a specified number of days.
(2) Upon presentation of a certificate issued pursuant to subsection (1) to a judge of a court of record in a county where such witness is found, the judge shall fix a time and place for a hearing and make an order directing the witness to appear at the hearing. At such hearing the certificate shall be prima facie evidence of all the facts stated therein.
(3) The judge shall issue a summons with a copy of the certificate attached directing the witness to attend and testify in the court where the criminal prosecution is pending or a grand jury is investigating if he determines at the hearing that:
(a) The witness is material and necessary to the prosecution or investigation.
(b) The attendance and testifying in the prosecution or investigation will not cause undue hardship to the witness.
(c) The laws of the state where the prosecution or investigation is being held and the laws of any other state through which the witness may be required to pass by ordinary course of travel protect the witness from arrest and service of civil or criminal process.
(4) If a certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge may direct that the witness be forthwith brought before him for a hearing without notice. If the judge at the hearing is satisfied of the desirability of custody and delivery, for which determination the certificate shall be prima facie proof of desirability, he may order that the witness be forthwith taken into custody and delivered to an officer of the requesting state without issuing a summons.
(5) If a witness, who is summoned pursuant to this section and is paid by an authorized person the sum of 10 cents for each mile of the ordinary traveled route to and from the court where such prosecution or investigation is being held and $5.00 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
History: Add. 1970, Act 232, Imd. Eff. Dec. 3, 1970
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
Section 767.1 - Courts of Record; Jurisdiction Over Prosecutions Upon Information.
Section 767.2 - Applicability of Indictment Laws to Informations.
Section 767.5a - Disclosing Identity of Informant; Privileged and Confidential Communications.
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 767.7c - 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 767.19c - Grand Jury; Witness, Failing to Appear, Contempt; Penalty; Purging.
Section 767.19d - Grand Jury; Perjury.
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 767.25 - 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 767.36 - Witness; Subpoena by Prosecution; Necessity of Fee.
Section 767.37 - Indictee; Plea on Arraignment.
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 767.43 - 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 767.62 - Place of Indictment, Trial and Conviction; Receiver of Stolen Property.
Section 767.63 - Place of Indictment; Removal of Stolen Property From Another County.
Section 767.67 - Indictment; Charging Accessory Without Principal; Substantial Felony.
Section 767.70 - Indictment for Libel; Statement of Application to Party Libelled.
Section 767.71 - Indictment for Murder and Manslaughter; Charging Act.
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 767.77 - 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.