Mich. Comp. Laws » Michigan Compiled Laws / Chapter 767 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 767.32 (2026)

Subpoena; witness for defendant; issuance by county clerk, fee.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


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

FormerLaw Notes:

    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.

Notes of Decisions
Cited in 6 cases, 1977–2018 · leading case: People of Michigan v. Johnny Ray Kennedy, 917 N.W.2d 355 (Mich. 2018).
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People of Michigan v. Johnny Ray Kennedy, 917 N.W.2d 355 (Mich. 2018). “) See also MCL 767.32, which provides that "[t]he 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…”
People v. Loyer, 425 N.W.2d 714 (Mich. Ct. App. 1988). · cites it 4× “MCL 767.32; MSA 28.972 provides: 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…”
Staple v. Staple, 616 N.W.2d 219 (Mich. Ct. App. 2000). · cites it 2× “Section 767.32(1) provided, in relevant part, that “[a]fter a judgment providing for .”
People v. Miller, 259 N.W.2d 877 (Mich. Ct. App. 1977). “Perhaps defendant is looking to MCLA 767.32; MSA 28.972 which provides the county clerk shall issue subpoenas free of charge for defendant or MCLA 775.”
People v. Cortez, 346 N.W.2d 540 (Mich. Ct. App. 1984). “In 7 Wigmore, Evidence (Chadbourne Rev), §§ 2079, 2080, pp 536-543, it is pointed out that Michigan’s rule requiring the prosecution to endorse and call all res gestae witnesses is virtually unique, and the rule is criticized as unnecessary to assure defendants fair trials and…”
People v. Lee, 351 N.W.2d 294 (Mich. Ct. App. 1984). “See US Const, Am VI; Const 1963, art 1, §20; MCL 767.32; MSA 28.972, and MCL 767.33; MSA 28.”
— Mich. Comp. Laws § 767.32(1) — 1 case
Staple v. Staple, 616 N.W.2d 219 (Mich. Ct. App. 2000). “Section 767.32(1) provided, in relevant part, that “[a]fter a judgment providing for .”
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