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

Mich. Comp. Laws § 767.35 (2026)

Material witness in criminal case; danger of loss of testimony; requiring witness to enter into recognizance with surety; commitment to jail.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.35 Material witness in criminal case; danger of loss of testimony; requiring witness to enter into recognizance with surety; commitment to jail.

Sec. 35.

    When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that there is a danger of the loss of testimony of the witness unless the witness furnishes bail or is committed if he or she fails to furnish bail, the court shall require the witness to be brought before the court. After giving the witness an opportunity to be heard, if it appears that the witness is a material witness and that there is a danger of the loss of his or her testimony unless the witness furnishes bail or is committed, the court may require the witness to enter into a recognizance with a surety in an amount determined by the court for the appearance of the witness at an examination or trial. If the witness fails to recognize, he or she shall be committed to jail by the court, until he or she does recognize or is discharged by order of the court.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17249 ;-- CL 1948, 767.35 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981

FormerLaw Notes:

    See sections 19, 20, and 22 of Ch. 163 of R.S. 1846, being CL 1857, §§ 5995, 5996, and 5998; CL 1871, §§ 7861, 7862, and 7864; How., §§ 9472, 9473, and 9475; CL 1897, §§ 11856, 11857, and 11859; CL 1915, §§ 15683, 15684, and 15686; and Act 77 of 1871.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1951–2021 · leading case: Adams v. Hanson, 656 F.3d 397 (6th Cir. 2011).
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Adams v. Hanson, 656 F.3d 397 (6th Cir. 2011). · cites it 2× “” Mich. Comp. Laws Ann. § 767.35 (emphasis added).”
People v. Dye, 427 N.W.2d 501 (Mich. 1988). · cites it 2× “[2] They were kept at a Detroit area motel under assumed names where their meals and room receipts were paid by the prosecution.”
In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011). · cites it 2× “8) (“appear and testify”); Mich. Comp. Laws Ann. § 767.35 (West, Westlaw through 2011 Reg.”
People v. Baldwin, 254 N.W.2d 619 (Mich. Ct. App. 1977). “Defendant asserts that the witness, upon coming into the custody of the police, should either have been detained in jail or required to put up a bond in order to guarantee her presence at trial pursuant to the material witness statute, MCLA 767.35; MSA 28.975. That statute…”
People v. Conner, 452 N.W.2d 877 (Mich. Ct. App. 1990). “975: When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that there is a danger of the loss of testimony of the witness unless the witness furnishes bail or is committed if he or she fails to furnish…”
People v. Bailey, 426 N.W.2d 755 (Mich. Ct. App. 1988). “MCL 767.35; MSA 28.975 states: When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that there is a danger of the loss of testimony of the witness unless the witness furnishes bail or is committed if he…”
Canada v. LaJoye-Young (W.D. Mich. 2021). · cites it 5× “To the extent Petitioner challenges his detention as a material witness, the procedure is governed by Mich. Comp. Laws § 767.35 , which provides: When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that…”
People v. Hill, 188 N.W.2d 896 (Mich. Ct. App. 1972). “MOLA § 767.35 (Stat Ann 1954 Bev § 28.975) permits a trial court to commit material witnesses in criminal matters.”
In Re Rankin, 47 N.W.2d 28 (Mich. 1951). “See CL 1948, § 767.35 (Stat Ann § 28.975). She thereupon filed a petition for writs of habeas corpus and certiorari and immediate bail in this Court, and we issued writs of habeas corpus and certiorari.”
People of Michigan v. Robert James Carter (Mich. Ct. App. 2018). “The prosecutor requested a material witness warrant pursuant to MCL 767.35, and the court ordered that the witness was to “be picked up and brought before the Court immediately.”
People of Michigan v. Robert James Carter (Mich. Ct. App. 2018). “The prosecutor requested a material witness warrant pursuant to MCL 767.35, and the court ordered that the witness was to “be picked up and brought before the Court immediately.”
People of Michigan v. Eddie Leon Donahoo (Mich. Ct. App. 2020). “MCL 767.35. Moreover, again, defense counsel had an interest in Johnson appearing generally credible.”
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