Michigan Compiled Laws

Mich. Comp. Laws § 762.7 (2026)

Jurisdiction; change of venue, procedure; saving clause.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

762.7 Jurisdiction; change of venue, procedure; saving clause.

Sec. 7.

Each court of record having jurisdiction of criminal cases upon good cause shown by either party may change the venue in any cause pending therein, and direct the issue to be tried in the circuit court of another county, and make all necessary rules and orders for the certifying and removing such cause, and all matters relating thereto, to the court in which such issue shall be ordered to be tried, and the court to which such cause shall be so removed shall proceed to hear, try and determine the same, and execution may thereupon be had in the same manner as if the same had been prosecuted in the court having original jurisdiction of such cause, except that in all causes when the defendant shall be convicted and be sentenced to imprisonment in the county jail or to pay a fine, or to both such imprisonment and fine, the court awarding such sentence shall have authority to direct and shall direct that the defendant be imprisoned in the county jail of the county in which such prosecution commenced; and that such fine, when paid, shall be paid over to the county treasurer of the county in which such prosecution commenced, in the same manner as is now provided by law for paying over fines to county treasurers; and in every case where a change of venue is ordered, all expenses of such trial shall be a charge upon the county in which the prosecution originated; and when there shall be a disagreement of the jury on the trial of any criminal cause in the circuit court to which such cause was ordered for trial, the circuit judge before whom the same was tried, if he shall deem that the public good requires the same, may, upon cause shown by either party, order and direct the issue to be tried in the circuit court of another county in the state; and the court to which such cause shall be removed shall proceed to hear, try and determine the same in the same manner and with like effect as was pursued by the circuit court making such order: Provided, That in any and all suits, proceedings, causes or actions now pending in any of the circuit courts of this state, whether the court has general or special jurisdiction, a change of venue may be had in the manner provided and in accordance with section 10 of Act No. 157 of the Public Acts of 1851, as amended by Act No. 309 of the Public Acts of 1905 and the provisions of said act shall be continued in full force and effect for such purpose: Provided further, That in all suits, proceedings, causes or actions in which a change of venue has been granted, the court to which such suit, proceeding, cause or action has been transferred, shall retain jurisdiction.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17125 ;-- CL 1948, 762.7

FormerLaw Notes:

See section 10 of Act 157 of 1851, being CL 1857, § 3420; CL 1871, § 4946; How., § 6468; CL 1897, § 309; CL 1915, § 14563; Act 12 of 1871; Act 88 of 1879; Act 309 of 1905; Act 161 of 1907; and Act 67 of 1909.

Notes of Decisions

Cited in 31 cases (2 in the last 5 years), 1961–2026 · leading case: People v. Unger, 749 N.W.2d 272 (Mich. Ct. App. 2008).

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People v. Unger, 749 N.W.2d 272 (Mich. Ct. App. 2008). · cites it 2× “at 499-500 ; see also MCL 762.7. 12 “[T]he right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, ‘indifferent’ jurors.”

People v. Houthoofd, 487 Mich. 568 (Mich. 2010). · cites it 4× “For example, MCL 762.7 allows a change of venue in criminal prosecutions upon good cause shown by either party.”

People v. Jendrzejewski, 566 N.W.2d 530 (Mich. 1997). · cites it 2× “§ 762.7; M.S.A. § 28.850 provides in part: Each court of record having jurisdiction of criminal cases upon good cause shown by either party may change the venue in any cause pending therein, and direct the issue to be tried in the circuit court of another county .”

People v. Gerald Hughes, 270 N.W.2d 692 (Mich. Ct. App. 1978). · cites it 2× “Any defects resulting from the fact that during the course of the trial the parties tended to paraphrase this rule were cured by the court's proper statement of the rule in its instructions.”

People v. Thomas, 273 N.W.2d 548 (Mich. Ct. App. 1978). “We quote from the opinion in the second appeal, People v Ranes, 63 Mich App at 503 : "While either party may be granted a change of venue 'upon good cause shown’, MCLA 762.7; MSA 28.850, the denial of such motion rests in the trial court’s discretion.”

People v. Harvey, 423 N.W.2d 335 (Mich. Ct. App. 1988). “Defendant argues that he did not have an impartial jury because there was a pattern of strong community feeling against him due to the extensive and inflammatory publicity preceding his trial.”

People v. Jancar, 363 N.W.2d 455 (Mich. Ct. App. 1985). “In this connection, defendant argues that the trial court failed to adequately screen the prospective jurors to insure that they could be impartial and that his motion for a change of venue should have been granted.”

People v. Nard, 260 N.W.2d 98 (Mich. Ct. App. 1977). “Trial counsel for both sides had ample opportunity to question each and every juror in great detail concerning his or her qualifications to sit on the jury. In more than 900 pages of transcript, counsel had the opportunity to explore every avenue of prejudice virtually…”

People v. Havey, 160 N.W.2d 629 (Mich. Ct. App. 1968). “CL 1948, § 762.7 (Stat Ann 1954 Rev§ 28.850). To establish error an abuse of discretion must be shown.”

People v. Collins, 204 N.W.2d 290 (Mich. Ct. App. 1972). “MCLA 762.7; MSA 28.850 governs change of venue in criminal cases.”

People v. Dailey, 148 N.W.2d 209 (Mich. Ct. App. 1968). “CL 1948, § 762.7 (Stat Ann 1954 Rev § 28.850). To establish error an abuse of discretion must be shown.”

People v. Bailey, 426 N.W.2d 755 (Mich. Ct. App. 1988). “” MCL 762.7; MSA 28.850. A motion for change of venue in a criminal case is addressed to the trial court’s discretion, and the exercise of that discretion will be overturned on appeal only on a finding of abuse.”

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