766.1 Right of state and defendant to prompt examination and determination; authority of district court magistrate. Sec. 1. The state and the defendant are entitled to a prompt examination and determination by the examining magistrate in all criminal causes and it is the duty of all courts and public officers having duties to perform in […]
766.10 Exclusion of persons from examination; witness not examined, minor; separation of witnesses. Sec. 10. The magistrate while conducting such examination may exclude from the place of the examination all the witnesses who have not been examined; and he may also, if requested or if he sees cause, direct the witnesses whether for or against […]
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. Sec. 11. (1) Witnesses may be compelled to appear before the magistrate by subpoenas issued by the magistrate, or by an officer […]
766.11a Testimony of witness; conduct by telephonic, voice, or video conferencing. Sec. 11a. On motion of either party, the magistrate shall permit the testimony of any witness, except the complaining witness, an alleged eyewitness, or a law enforcement officer to whom the defendant is alleged to have made an incriminating statement, to be conducted by […]
766.11b Rules of evidence; exception; hearsay testimony; “controlled substance” defined. Sec. 11b. (1) The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall be admissible at the preliminary examination without requiring the testimony of the author of the report, keeper of the […]
766.12 Evidence for defense; examination, cross-examination of witnesses. Sec. 12. After the testimony in support of the prosecution has been given, the witnesses for the prisoner, if he have any, shall be sworn, examined and cross-examined and he may be assisted by counsel in such examination and in the cross-examination of the witnesses in support […]
766.13 Discharge of defendant or reduction of charge; binding defendant to appear for arraignment. Sec. 13. If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable cause for charging the defendant with committing a felony, the magistrate shall either discharge the […]
766.14 Proceedings where offense charged not felony; transfer of case to family division of circuit court; waiver of jurisdiction; “specified juvenile violation” defined. Sec. 14. (1) If the court determines at the conclusion of the preliminary examination of a person charged with a felony that the offense charged is not a felony or that an […]
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 examination; listening to electronically recorded testimony, copy of recording tape or disc, or stenographer’s notes. Sec. 15. (1) Except as provided in subsection […]
766.15a, 766.15b Repealed. 1951, Act 170, Eff. Sept. 28, 1951. Compiler’s Notes: The repealed sections provided for mental examination of any person charged with murder, and set penalty for failure of any clerk of court to notify state hospital commission as to fact of binding over of person charged with murder.
766.15c Repealed. 1966, Act 266, Eff. Mar. 10, 1967. Compiler’s Notes: The repealed section provided for commitment to state hospital for criminally insane for life of one acquitted of murder by reason of insanity, subject to discharge by governor.
766.15d Repealed. 1951, Act 170, Eff. Sept. 28, 1951. Compiler’s Notes: The repealed section defined psychiatrist under section providing for mental examination of persons charged with murder.
766.16 Default of recognizance; record; procedure. Sec. 16. If the person recognized according to the provisions of this chapter shall not appear before the magistrate at the time appointed for his further examination, the magistrate shall record the default, and shall certify the recognizance, with the record of such default, to the court to which […]
766.17 Admission to bail after commitment to jail; discharge of prisoner. Sec. 17. Whenever no sufficient bail is offered, and the prisoner is committed to jail, the magistrate before whom the examination was had, shall certify upon the mittimus issued by him, the sum for which bail was required, and if the prisoner shall offer […]
766.18 Admission to bail after commitment to jail; clerk of court, authority. Sec. 18. The clerk of the court to whom such bail is offered, is authorized and required to examine the person or persons offered for bail on oath as to their pecuniary responsibility, and if he shall be satisfied with the same, to […]
766.19-766.22 Repealed. 1994, Act 63, Eff. July 1, 1994. Compiler’s Notes: The repealed sections pertained to discharge of accused and recognizance in misdemeanor cases where injured party receives satisfaction.
766.2, 766.3 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. Compiler’s Notes: The repealed sections pertained to examination on oath of complainant and witnesses.
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 magistrate. Sec. 4. (1) Except as provided in section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4, the magistrate before whom […]
766.5 Bail; commitment to jail; release on own recognizance. Sec. 5. If it appears that a felony has been committed and that there is probable cause to believe that the accused is guilty thereof, and if the offense is bailable by the magistrate and the accused offers sufficient bail, it shall be taken and the […]
766.6 Associate magistrate; powers, duties, fees. Sec. 6. Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself 1 or more other magistrates of the same county, and they may together execute the powers and duties conferred upon such magistrates respectively by this chapter, but no fees […]
