THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
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
Notes of Decisions
People v. Farquharson, 731 N.W.2d 797 (Mich. Ct. App. 2007).
· cites it 2× “See MCL 767.19g; MCL 767A.5. Because of the similarities between a grand jury proceeding and an investigative subpoena hearing, we find that testimony given at an investigative subpoena hearing qualifies as "[t]estimony given as a witness at another hearing of the same or a…”
People v. Duncan, 201 N.W.2d 629 (Mich. 1972).
· cites it 4× “" The trial court entered a formal order allowing defense counsel to view the grand jury minutes and ordering an in camera inspection by the court to determine whether there was "some legal basis in law and fact" for the indictments.”
People v. Bellanca, 194 N.W.2d 863 (Mich. 1972).
· cites it 2× “The Bench and Bar are hereby advised that the provisions of MCLA 767.19g; MSA 28.959(7) are hereby superceded (See Perin v Peuler [on rehearing], 373 Mich 531, 541 [1964]).”
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015).
· cites it 3× “19f(1); MCL 767.19g(2) (describing the process for disclosure of specified grand jury testimony to the defendant).”
People v. Desaussre, 189 N.W.2d 813 (Mich. Ct. App. 1971).
· cites it 6× “Section 767.19g (Stat Ann 1971 Cum Supp § 28.”
People v. Fagan, 540 N.W.2d 296 (Mich. Ct. App. 1995).
· cites it 3× “107 and MCL 767.19g; MSA 28.959(7). Although the prosecutor is correct that MCR 6.”
People v. Lazaroff, 212 N.W.2d 743 (Mich. Ct. App. 1973).
“The trial judge followed the statute then in effect, MCLA 767.19g; MSA 28.959(7), and denied the motion.”
People v. Harris, 194 N.W.2d 414 (Mich. Ct. App. 1971).
“Additionally, a preliminary examination subsequent to indictment would be in violation of MCLA 767.19g; MSA 28.959(7), which makes unavailable to an indictee prior to trial the testimony of any witness before the grand jury.”
People v. Brown, 194 N.W.2d 563 (Mich. Ct. App. 1971).
· cites it 2× “Instead it dismissed the indictments on the basis of a finding that MCLA 767.19g; MSA 28.959(7) was unconstitutional.”
— Mich. Comp. Laws § 767.19g(2) — 1 case
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015).
“19f(1); MCL 767.19g(2) (describing the process for disclosure of specified grand jury testimony to the defendant).”
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