reglab/statecodes huggingface dataset:
2023 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 767.7 - Grand Jury; Summoning, Procedure.

767.7 Grand jury; summoning, procedure.
Sec. 7.
Grand juries shall not hereafter be drawn, summoned or required to attend at the sittings of any court within this state, as provided by law, unless the judge thereof shall so direct by writing under his hand, and filed with the clerk of said court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17221 ;-- CL 1948, 767.7
Former Law:
See section 7 of Act 138 of 1859, being CL 1871, § 7943; How., § 9554; CL 1897, § 11939; and CL 1915, § 15766.
2023 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 767.7a - Grand Jurors; Term of Service; Recalling.

767.7a Grand jurors; term of service; recalling.
Sec. 7a.
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 Laws of 1948, the term of service of grand jurors shall be 6 months unless extended by specific order of the judge who summoned such jurors or his successor for an additional period not to exceed 6 months, except that the grand jurors may be recalled at any time by the judge who summoned such jurors or by his successor to conclude business commenced during their term of service.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970
2023 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 767.7b - Grand Jury; Petition by Attorney General or County Prosecuting Attorneys to Convene; Jurisdiction; Contents of Petition.

767.7b Grand jury; petition by attorney general or county prosecuting attorneys to convene; jurisdiction; contents of petition.
Sec. 7b.
(1) The attorney general may petition the court of appeals of this state to convene a grand jury with jurisdiction over 2 or more counties in this state.
(2) Two or more attorneys who are county prosecuting attorneys in this state may, with the approval of the attorney general, petition the court of appeals of this state to convene a grand jury with jurisdiction over all of the counties in which they are prosecuting attorneys.
(3) A petition to the court of appeals under this section shall contain all of the following:
(a) The name and official title of each petitioner.
(b) The name of each county over which the grand jury is to have jurisdiction.
(c) A statement setting forth probable cause to believe that a crime, or a portion of that crime, has been committed in 2 or more of the counties named in the petition.
(d) A statement setting forth the reasons to convene a grand jury with jurisdiction over all of the counties named in the petition.
(e) The signature of each petitioner.
(f) The date of the petition.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.7c - Grand Jury Convened by Court of Appeals; Procedure; Jurisdiction.

767.7c Grand jury convened by court of appeals; procedure; jurisdiction.
Sec. 7c.
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 jurisdiction over 2 or more counties in this state as follows:
(a) If a petition is filed under section 7b(1) by the attorney general, the court of appeals may convene a grand jury with jurisdiction over 2 or more of the counties named in the petition.
(b) If a petition is filed under section 7b(2) by 2 or more attorneys who are county prosecuting attorneys in this state, the court of appeals may convene a grand jury with jurisdiction over 2 or more of the counties named in the petition in which the attorneys are prosecuting attorneys.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.7d - Grand Jury Convened by Court of Appeals; Circumstances.

767.7d Grand jury convened by court of appeals; circumstances.
Sec. 7d.
The court of appeals may convene a grand jury under section 7c with jurisdiction over 2 or more counties in this state if a petition is properly filed under section 7b, and all of the following circumstances exist:
(a) The petition establishes probable cause to believe that a crime, or a portion of that crime, has been committed in 2 or more of the counties named in the petition.
(b) The petition establishes reason to believe that a grand jury with jurisdiction over 2 or more of the counties named in the petition could more effectively address the criminal activity referred to in the petition than could a grand jury with jurisdiction over 1 of those counties.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.7e - Grand Jury Convened by Court of Appeals; Duties of Court of Appeals.

767.7e Grand jury convened by court of appeals; duties of court of appeals.
Sec. 7e.
If the court of appeals convenes a grand jury with jurisdiction over 2 or more counties, the court of appeals shall do all of the following:
(a) Designate a judge of the circuit court or of the recorder's court to preside over the grand jury proceedings.
(b) If the petition to convene the grand jury was filed under section 7b(2), designate the prosecuting attorney of 1 of the counties over which the grand jury is to have jurisdiction to assist the grand jury.
(c) Designate the counties from which the jurors shall be drawn from among the counties over which the grand jury is to have jurisdiction.
(d) Designate the number of jurors to be drawn for the grand jury and the number of jurors to be drawn from each county.
(e) Designate the locations for the grand jury proceedings.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.7f - Grand Jury Convened by Court of Appeals; Term; Extension; Dismissal; Recall.

767.7f Grand jury convened by court of appeals; term; extension; dismissal; recall.
Sec. 7f.
(1) Except as provided in subsection (2), the term of a grand jury convened under section 7c shall not exceed 6 months.
(2) The court of appeals of this state may order the term of the grand jury extended for an additional period not to exceed 6 months, for good cause shown. The judge presiding over the grand jury proceedings shall dismiss the grand jury upon completion of the functions of the grand jury whether or not the maximum term of the grand jury has been met. The grand jurors may be recalled at any time by the presiding judge or his or her successor to conclude business commenced during their term of service.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.7g - Grand Jury Convened by Court of Appeals; Expansion of Jurisdiction; Petition.

767.7g Grand jury convened by court of appeals; expansion of jurisdiction; petition.
Sec. 7g.
(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 to include 1 or more additional counties, the attorney general may petition the court of appeals under section 7b(1) to convene a grand jury which includes the additional county or counties. If the petition is granted, the court of appeals shall convene a new grand jury pursuant to section 7e and shall dismiss the existing grand jury.
(2) If a grand jury has been convened under section 7c(b) and the prosecuting attorneys of all of the counties over which the grand jury has jurisdiction seek to expand the jurisdiction of the grand jury to include 1 or more additional counties, the prosecuting attorneys of the counties over which the grand jury had jurisdiction and the prosecuting attorneys of the additional counties may, with the approval of the attorney general, petition the court of appeals under section 7b(2) to convene a grand jury with jurisdiction over all of those counties. If the petition is granted, the court of appeals shall convene a new grand jury pursuant to section 7e and shall dismiss the existing grand jury.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.8 - Grand Jury; Juror; Grounds for Discharge; Summoning New Juror.

767.8 Grand jury; juror; grounds for discharge; summoning new juror.
Sec. 8.
Any court in which a grand jury may be sitting, may discharge any of the grand jurors for intoxication or other gross misconduct; and in case of such discharge, or in case of the sickness, death or non-attendance of any grand juror, after he shall have been sworn, the court may cause another juror to be summoned from among the bystanders, or inhabitants of the city, township or village having the qualifications required by law, and to be sworn and to serve in his stead.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17222 ;-- CL 1948, 767.8
Former Law:
See section 1 of Ch. 164 of R.S. 1846, being CL 1857, § 6010; CL 1871, § 7879; How., § 9490; CL 1897, § 11875; and CL 1915, § 15702.
2023 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 767.9 - Grand Jurors; Alphabetical List; Administration and Form of Oath.

767.9 Grand jurors; alphabetical list; administration and form of oath.
Sec. 9.
The clerk of the court shall prepare an alphabetical list of all the persons returned as grand jurors. When the jury is to be impaneled, the following oath shall be administered to the jurors: "You as grand jurors of this inquest do solemnly swear that you will diligently inquire and true presentment make of all such matters and things as shall be given you in charge; your own counsel and the counsel of the people, and of your fellows, you shall keep secret; you shall present no person for envy, hatred or malice, neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God".
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17223 ;-- CL 1948, 767.9 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
Former Law:
See sections 2 and 3 of Ch. 164 of R.S. 1846, being CL 1857, §§ 6011 and 6012; CL 1871, §§ 7880 and 7881; How., §§ 9491 and 9492; CL 1897, §§ 11876 and 11877; and CL 1915, §§ 15703 and 15704.
2023 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 767.10 - Grand Jury; Affirmation in Lieu of Oath.

767.10 Grand jury; affirmation in lieu of oath.
Sec. 10.
Any person returned as a grand juror shall be allowed to make affirmation, substituting the word "affirm" instead of the word "swear"; and also the words, "this you do under the pains and penalties of perjury", instead of the words "so help you God".
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17224 ;-- CL 1948, 767.10
Former Law:
See section 4 of Ch. 164 of R.S. 1846, being CL 1857, § 6013; CL 1871, § 7882; How., § 9493; CL 1897, § 11878; and CL 1915, § 15705.
2023 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 767.11 - Grand Jury; Size; Foreman, Appointment.

767.11 Grand jury; size; foreman, appointment.
Sec. 11.
There shall be no more than 17 persons nor less than 13 persons sworn on any grand jury; and after such jurors have been impaneled and have received their charge from the court, they shall retire with the officer appointed to attend them and before they proceed to discharge the duties of their office, the court shall appoint 1 of their number to be foreman and the clerk shall record the same.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17225 ;-- CL 1948, 767.11 ;-- Am. 1970, Act 9, Imd. Eff. Mar. 26, 1970
Former Law:
See section 5 of Ch. 164 of R.S. 1846, being CL 1857, § 6014; CL 1871, § 7883; How., § 9494; CL 1897, § 11879; and CL 1915, § 15706.
2023 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 767.12 - Grand Jury; Foreman; Term, Vacancy.

767.12 Grand jury; foreman; term, vacancy.
Sec. 12.
The foreman appointed by the court in the manner provided in the preceding section, shall be foreman during the whole time they are required to serve; but in case of his death or absence or if he shall be discharged, or excused before the grand jury shall be dismissed, another of such jurors shall be appointed foreman for the residue of such time of service.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17226 ;-- CL 1948, 767.12
Former Law:
See section 6 of Ch. 164 of R.S. 1846, being CL 1857, § 6015; CL 1871, § 7884; How., § 9495; CL 1897, § 11880; and CL 1915, § 15707.
2023 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 767.13 - Grand Jury; Juror; Grounds of Objection to Competency.

767.13 Grand jury; juror; grounds of objection to competency.
Sec. 13.
A person held to answer to any criminal charge may object to the competency of any 1 summoned to serve as a grand juror, on the ground that he is the prosecutor or complainant upon any charge against such person; and if such objection be established, the person so summoned shall be set aside.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17227 ;-- CL 1948, 767.13
Former Law:
See section 7 of Ch. 164 of R.S. 1846, being CL 1857, § 6016; CL 1871, § 7885; How., § 9496; CL 1897, § 11881; and CL 1915, § 15708.
2023 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 767.14 - Grand Jury; No Challenge of Array or Individual Juror in Other Cases.

767.14 Grand jury; no challenge of array or individual juror in other cases.
Sec. 14.
No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed in any other case than that specified in the preceding section.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17228 ;-- CL 1948, 767.14
Former Law:
See section 8 of Ch. 164 of R.S. 1846, being CL 1857, § 6017; CL 1871, § 7886; How., § 9497; CL 1897, § 11882; and CL 1915, § 15709.
2023 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 767.15 - Grand Jury; Witnesses; Administration of Oath, List.

767.15 Grand jury; witnesses; administration of oath, list.
Sec. 15.
The foreman of every grand jury, the attorney general and the prosecuting attorney, or other prosecuting officer who shall be before them, shall have authority to administer all oaths and affirmations, in the manner prescribed by law, to witnesses who shall appear before such jury for the purpose of testifying in any matter of which they may have cognizance, and the foreman shall return to the court, or deliver to the prosecuting officer, a list of all the witnesses sworn before the grand jury in each case in which an indictment shall be found.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17229 ;-- CL 1948, 767.15
Former Law:
See section 9 of Ch. 164 of R.S. 1846, being CL 1857, § 6018; CL 1871, § 7887; How., § 9498; CL 1897, § 11883; and CL 1915, § 15710.
2023 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 767.16 - Grand Jury; Clerk, Stenographer; Appointment, Duties.

767.16 Grand jury; clerk, stenographer; appointment, duties.
Sec. 16.
The grand jury may appoint 1 of their number to be their clerk, to preserve minutes of their proceedings and of evidence given before them; which minutes shall be delivered to the prosecuting officer, when so directed by the grand jury. Whenever it appears to the judge that it is necessary he may appoint a stenographer to take the testimony given before the grand jury.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17230 ;-- CL 1948, 767.16
Former Law:
See section 10 of Ch. 164 of R.S. 1846, being CL 1857, § 6019; CL 1871, § 7888; How., § 9499; CL 1897, § 11884; and CL 1915, § 15711.
2023 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 767.17 - Grand Jury; Summoning After Dismissal.

767.17 Grand jury; summoning after dismissal.
Sec. 17.
When the grand jury attending any court shall have been dismissed before the court is adjourned without day, they may be summoned to attend again, in the same term at such time as the court shall direct, for the dispatch of any business that may come before them.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17231 ;-- CL 1948, 767.17
Former Law:
See section 11 of Ch. 164 of R.S. 1846, being CL 1857, § 6020; CL 1871, § 7889; How., § 9500; CL 1897, § 11885; and CL 1915, § 15712.
2023 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 767.18 - Grand Jury; Disclosure of Indictment for Felony.

767.18 Grand jury; disclosure of indictment for felony.
Sec. 18.
No grand juror, stenographer or officer of the court shall disclose the fact that any indictment for a felony has been found against any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person has been arrested.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17232 ;-- CL 1948, 767.18
Former Law:
See section 12 of Ch. 164 of R.S. 1846, being CL 1857, § 6021; CL 1871, § 7890; How., § 9501; CL 1897, § 11886; and CL 1915, § 15713.
2023 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 767.19 - Grand Jury; Testimony to Certain Facts Required.

767.19 Grand jury; testimony to certain facts required.
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 testimony given before them by any person, upon complaint against such person for perjury, or upon his trial for such offense; but in no case can a member of a grand jury be obliged or allowed to testify or declare in what manner he or any other member of the jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17233 ;-- CL 1948, 767.19
Former Law:
See section 13 of Ch. 164 of R.S. 1846, being CL 1857, § 6022; CL 1871, § 7891; How., § 9502; CL 1897, § 11887; and CL 1915, § 15714.
2023 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 767.19a - Grand Jury; Order Granting Immunity to Persons Giving Testimony; Application; Verified Petition; Entry of Order.

767.19a Grand jury; order granting immunity to persons giving testimony; application; verified petition; entry of order.
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 the grand jury. The application shall be accompanied by a verified petition of the prosecuting attorney that sets forth the facts upon which the application is based. If the judge to whom the application is presented is satisfied that it is in the interest of justice that immunity be granted to that person, the judge shall enter an order granting immunity to the person, if the person appears before the grand jury and testifies under oath about any matter before the grand jury and set forth in the petition of the prosecuting attorney.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.19b - Delivery of Immunity Order to Witness; Use of Truthful Testimony or Other Information Against Witness in Criminal Case; Transcript; Duration of Order Granting Immunity.

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.
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 indirectly from that truthful testimony or other information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to comply with the order.
(3) All questions asked of the witness and his or her answers shall be transcribed. If a witness who has been granted immunity subsequently alleges that he or she is being prosecuted for an offense in violation of the grant of immunity, a true copy of the transcript, duly certified by an officer authorized to administer oaths, shall be delivered to the witness as soon as practicable.
(4) The order granting immunity shall continue in effect until the judge who summoned the jury or his or her successor, in his or her discretion and upon the prosecuting attorney's application, enters an order terminating the order granting immunity and informs the witness of the order of termination.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 1999, Act 250, Imd. Eff. Dec. 28, 1999
2023 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 767.19c - Grand Jury; Witness, Failing to Appear, Contempt; Penalty; Purging.

767.19c Grand jury; witness, failing to appear, contempt; penalty; purging.
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 service of a true copy of an order granting the witness immunity as to such matters shall be guilty of a contempt and after a public hearing in open court and conviction of such contempt shall be fined not exceeding $10,000.00 or imprisoned not exceeding 1 year, or both. If the witness thereafter appears before the court to purge himself of such contempt, the court shall order the recalling of the grand jury to afford such opportunity, and after appearance of the witness before the grand jury upon a transcript of the testimony there and then given, the witness shall be brought before the court and after examination, the court shall determine whether the witness has purged himself of the contempt and shall commute the sentence upon a finding that the witness has purged himself.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970
Constitutionality:
In People v David Johnson, 407 Mich 134; 283 NW2d 632 (1979), the Michigan supreme court held that an indigent witness has a right under the due process clause of the Michigan constitution to the assistance and appointment of counsel at contempt proceedings in respect to a citizens' grand jury which may result in incarceration.
2023 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 767.19d - Grand Jury; Perjury.

767.19d Grand jury; perjury.
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.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970
2023 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 767.19e - Grand Jury; Right of Witness to Legal Counsel; Communications Between Witness and Legal Counsel.

767.19e Grand jury; right of witness to legal counsel; communications between witness and legal counsel.
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 witness has the right to have legal counsel present in the room in which the inquiry is held. All communications between the witness and his or her legal counsel are subject to the requirements of section 19f, and any disclosure of those communications by the witness or his or her legal counsel in violation of section 19f is punishable as provided in section 19f.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.19f - Grand Jury; Publication of Testimony Prohibited; Penalty, Exceptions.

767.19f Grand jury; publication of testimony prohibited; penalty, exceptions.
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 misdemeanor punishable by imprisonment in the county jail for not more than 1 year or by a fine of not more than $1,000.00, or both.
(2) Subsection (1) does not apply to any of the following:
(a) Communications between prosecuting officers for the purpose of presenting evidence before the grand jury, for the purpose of reviewing evidence presented to the grand jury for prospective prosecution, or for any other purpose involving the execution of a public duty.
(b) Communications between law enforcement officers in cases involving violations of chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
(3) Subsection (1) applies to, but its application is not limited to, applications and petitions for and orders of immunity and to any transcript of testimony that may be delivered to a witness pursuant to his or her grant of immunity, except that the witness may be privileged to disclose such application, petition, order, and transcript to his or her attorney.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 2002, Act 114, Eff. May 1, 2002
2023 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 767.19g - Furnishing Testimony of Witness to Person Indicted by Grand Jury.

767.19g Furnishing testimony of witness to person indicted by grand jury.
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 citizen's grand jury but prior to trial, upon motion of the defendant made not later than 20 days after the arraignment of the defendant on the indictment, the trial judge shall direct the prosecuting attorney to furnish to the defendant the testimony which the defendant gave before the grand jury relative to the offense with which he is charged and may direct the prosecuting attorney to furnish to the defendant the testimony which any witness who will testify at the trial gave before the grand jury relative to the offense with which the defendant is charged except those portions adjudged irrelevant, immaterial or excluded for other good cause shown. If the trial judge directs the prosecuting attorney to furnish to the defendant a copy of a witness's testimony, which has been requested in accordance with this subsection, the prosecuting attorney shall furnish such testimony not later than 10 days prior to the time of trial or shall not call that witness to testify at the defendant's trial.
(3) If the trial judge has not directed the prosecuting attorney to furnish a copy of a witness's testimony to the defendant prior to trial, then at such time during the course of the trial when the direct examination of such a witness has been completed, a copy of the witness's testimony before the grand jury relative to the offense with which the defendant is charged, upon the request of the defendant, shall be furnished by the prosecuting attorney to the defendant.
History:
Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 1972, Act 53, Imd. Eff. Feb. 21, 1972
2023 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 767.20 - Grand Jury; Examination of Witnesses; Advice on Legal Matters.

767.20 Grand jury; examination of witnesses; advice on legal matters.
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.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17234 ;-- CL 1948, 767.20 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
Former Law:
See section 14 of Ch. 164 of R.S. 1846, being CL 1857, § 6023; CL 1871, § 7892; How., § 9503; CL 1897, § 11888; and CL 1915, § 15715.
2023 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 767.21 - Grand Jury; Prosecutor to Subpoena Witness.

767.21 Grand jury; prosecutor to subpoena witness.
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 manner and under the same penalties, as if issued by the clerk or any magistrate.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17235 ;-- CL 1948, 767.21
Former Law:
See section 15 of Ch. 164 of R.S. 1846, being CL 1857, § 6024; CL 1871, § 7893; How., § 9504; CL 1897, § 11889; and CL 1915, § 15716.
2023 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 767.22 - Grand Jury; Appearances to Give Information; Deliberations or Vote of Grand Jury.

767.22 Grand jury; appearances to give information; deliberations or vote of grand jury.
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 grand juror shall be present during the deliberations of the grand jury or during the vote of the grand jury upon any matter before the grand jury.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17236 ;-- CL 1948, 767.22 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
Former Law:
See section 16 of Ch. 164 of R.S. 1846, being CL 1857, § 6025; CL 1871, § 7894; How., § 9505; CL 1897, § 11890; and CL 1915, § 15717.
2023 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 767.23 - Grand Jury; Indictment, Vote Required; True Bill.

767.23 Grand jury; indictment, vote required; true bill.
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.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17237 ;-- CL 1948, 767.23 ;-- Am. 1970, Act 9, Imd. Eff. Mar. 26, 1970
Former Law:
See section 17 of Ch. 164 of R.S. 1846, being CL 1857, § 6026; CL 1871, § 7895; How., § 9506; CL 1897, § 11891; and CL 1915, § 15718.
2023 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 767.23a - Grand Jury; Indictment; Specifying County Where Offense Took Place.

767.23a Grand jury; indictment; specifying county where offense took place.
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 in which the offense took place.
History:
Add. 1989, Act 204, Imd. Eff. Nov. 1, 1989
2023 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 767.25 - Indictment by Grand Jury; Indorsement; Presentment; Return; Filing; Inspection.

767.25 Indictment by grand jury; indorsement; presentment; return; filing; inspection.
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 of the grand jury.
(2) If a person is indicted by a grand jury convened under section 7c, the indictment shall remain with the court having jurisdiction over the offense, after the indictment is certified and filed with that court.
(3) If the grand jury indicts a person under subsection (1), the judge presiding over the grand jury proceedings shall return the indictment to any court having proper jurisdiction over the offense.
(4) Except as otherwise provided in this section, the indictment shall be filed with the court and remain with the court as a public record.
(5) If a person is indicted for a felony and the person is not in custody, the indictment shall not be open to inspection by any person other than the attorney general or the prosecuting attorney until the defendant is in custody.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17239 ;-- CL 1948, 767.25 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
Former Law:
See section 19 of Ch. 164 of R.S. 1846, being CL 1857, § 6028; CL 1871, § 7897; How., § 9508; CL 1897, § 11893; and CL 1915, § 15720.
2023 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 767.26 - Discharge of Accused in Absence of Indictment.

767.26 Discharge of accused in absence of indictment.
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 part of the people have been enticed or kept away, or are detained and prevented from attending the court by sickness or some inevitable accident, and except in the case provided for in the next section.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17240 ;-- CL 1948, 767.26
Former Law:
See section 20 of Ch. 164 of R.S. 1846, being CL 1857, § 6029; CL 1871, § 7898; How., § 9509; CL 1897, § 11894; and CL 1915, § 15721.
2023 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 767.27 - Repealed. 1966, Act 266, Eff. Mar. 10, 1967.

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 felony upon grounds of insanity.
2023 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 767.27a-767.27c - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.

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.
2023 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 767.28 - Indictment; Right of Indictee to Copy.

767.28 Indictment; right of indictee to copy.
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 endorsements thereon.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17242 ;-- CL 1948, 767.28
Former Law:
See section 22 of Ch. 164 of R.S. 1846, being CL 1857, § 6031; CL 1871, § 7900; How., § 9511; CL 1897, § 11896; and CL 1915, § 15723.
2023 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 767.29 - Discontinuance or Abandonment of Indictment.

767.29 Discontinuance or abandonment of indictment.
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 charged, entered in its minutes. If a defendant is charged with a major controlled substance offense, in addition to the requirements of this section, the requirements of section 7415 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7415 of the Michigan Compiled Laws, shall apply upon the prosecuting attorney's motion to dismiss the charge.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17243 ;-- CL 1948, 767.29 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988
Former Law:
See section 23 of Ch. 164 of R.S. 1846, being CL 1857, § 6032; CL 1871, § 7901; How., § 9512; CL 1897, § 11897; and CL 1915, § 15724.
2023 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 767.30 - Warrant for Arrest of Indictee; Issuance, Persons.

767.30 Warrant for arrest of indictee; issuance, persons.
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 or any court of record having jurisdiction of criminal causes, either in vacation or during the sitting of any such court; but such warrant shall not be issued by any other officer.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17244 ;-- CL 1948, 767.30
Former Law:
See section 24 of Ch. 164 of R.S. 1846, being CL 1857, § 6033; CL 1871, § 7902; How., § 9513; CL 1897, § 11898; and CL 1915, § 15725.
2023 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 767.31 - Warrant for Arrest of Indictee; Persons to Whom Directed; Place of Execution.

767.31 Warrant for arrest of indictee; persons to whom directed; place of execution.
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.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17245 ;-- CL 1948, 767.31
Former Law:
See section 25 of Ch. 164 of R.S. 1846, being CL 1857, § 6034; CL 1871, § 7903; How., § 9514; CL 1897, § 11899; and CL 1915, § 15726.
2023 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 767.32 - Subpoena; Witness for Defendant; Issuance by County Clerk, Fee.

767.32 Subpoena; witness for defendant; issuance by county clerk, fee.
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 residing in or out of the county.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17246 ;-- CL 1948, 767.32
Former Law:
See section 26 of Ch. 164 of R.S. 1846, being CL 1857, § 6035; CL 1871, § 7904; How., § 9515; CL 1897, § 11900; and CL 1915, § 15727.
2023 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 767.33 - Subpoena; Witness for Defendant; Disobedience; Penalty, Civil Liability.

767.33 Subpoena; witness for defendant; disobedience; penalty, civil liability.
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 subpoena issued in the same manner and to the like extent as in cases of subpoenas issued in any civil suit.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17247 ;-- CL 1948, 767.33
Former Law:
See section 27 of Ch. 164 of R.S. 1846, being CL 1857, § 6036; CL 1871, § 7905; How., § 9516; CL 1897, § 11901; and CL 1915, § 15728.