Mich. Comp. Laws » Michigan Compiled Laws / Chapter 766 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 766.12 (2026)

Evidence for defense; examination, cross-examination of witnesses.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


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 of the prosecution.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17204 ;-- CL 1948, 766.12

FormerLaw Notes:

    See section 14 of Ch. 163 of R.S. 1846, being CL 1857, § 5990; CL 1871, § 7856; How., § 9467; CL 1897, § 11851; and CL 1915, § 15678.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1967–2024 · leading case: People of Michigan v. Tremel Anderson, 912 N.W.2d 503 (Mich. 2018).
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People of Michigan v. Tremel Anderson, 912 N.W.2d 503 (Mich. 2018). · cites it 2× “11b(1), and a defendant may cross-examine the prosecutor's witnesses and present witnesses on his or her own behalf, MCL 766.12. 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…”
People v. Hill, 446 N.W.2d 140 (Mich. 1989). · cites it 2× “[14] See MCL 766.12; MSA 28.930; People v King, 412 Mich 145, 153 ; 312 NW2d 629 (1981); People v Talley, supra, p 386 .”
People v. Manning, 624 N.W.2d 746 (Mich. Ct. App. 2001). · cites it 2× “§ 766.12; MSA 28.930. [23] MCR 6.110(E); see also M.”
People v. Redden, 290 Mich. App. 65 (Mich. Ct. App. 2010). “With regard to preliminary examinations, MCL 766.12 permits “witnesses for the prisoner, if he [has] any, [to] be sworn, examined and cross-examined,” and MCR 6.”
People v. Meyer, 379 N.W.2d 59 (Mich. 1985). · cites it 2× “[19] MCL 333.7531(3); MSA 14.15(7531)(3) provides: "(3) A liability is not imposed by this article or [ sic ] an authorized state, county, or local officer, engaged in the lawful performance of the officer's duties.”
People v. Burrill, 214 N.W.2d 823 (Mich. 1974). “11 MCLA 766.12; MSA 28.930. 12 The Legislature recently enacted that there shall not be a preliminary examination for any misdemeanor to be tried in a district court, that is misdemeanors punishable by a fine or imprisonment not exceeding one year, or both.”
People v. Bellanca, 173 N.W.2d 754 (Mich. Ct. App. 1970). · cites it 2× “)” 4 See MCLA §§ 766.12, 766.13 (Stat Ann 1954 Rev §§ 28.”
People v. Richardson, 669 N.W.2d 797 (Mich. 2003). “§ 766.12 specifically provides for the operation of the adversarial process at the preliminary examination, it is reasonable to conclude that the magistrate is not precluded altogether from assessing witness credibility.”
People v. Jordan, 151 N.W.2d 242 (Mich. Ct. App. 1968). “2 CL 1948, § 766.12 (Stat Ann 1954 Rev § 28.930). 3 US Const, Am 5; Const 1963, art 1, § 17.”
People v. Hagar, 252 N.W.2d 484 (Mich. Ct. App. 1977). “1 This testimony was all developed prior to the superintending control action. The evidence does disclose first-degree murder committed with premeditation and deliberation and the preliminary examination magistrate had the power and should have bound the appellant over on this…”
People v. Jessie Lee Johnson, 154 N.W.2d 671 (Mich. Ct. App. 1967). · cites it 4× “The right of the accused to produce witnesses and to cross-examine witnesses is guaranteed by CL 1948, § 766.12 (Stat Ann 1954 Rev § 28.930), and in this respect the preliminary examination is an adversary proceeding.”
20241125_C369208_38_369208.Opn.Pdf (Mich. Ct. App. 2024). · cites it 5× “at 183 , citing MCL 766.12 (“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…”
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