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

Mich. Comp. Laws § 767.40 (2026)

Information; filing; subscription.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.40 Information; filing; subscription.

Sec. 40.

    All informations shall be filed in the court having jurisdiction of the offense specified in the information after the proper return is filed by the examining magistrate and by the prosecuting attorney of the county as informant. The information shall be subscribed by the prosecuting attorney or in his or her name by an assistant prosecuting attorney.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17254 ;-- CL 1948, 767.40 ;-- Am. 1955, Act 184, Eff. Oct. 14, 1955 ;-- Am. 1961, Act 11, Eff. Sept. 8, 1961 ;-- Am. 1986, Act 46, Eff. July 1, 1986

FormerLaw Notes:

    See sections 2 and 3 of Act 138 of 1859, being CL 1871, §§ 7938 and 7939; How., §§ 9549 and 9550; CL 1897, §§ 11934 and 11935; and CL 1915, §§ 15761 and 15762.

Notes of Decisions
Cited in 170 cases (3 in the last 5 years), 1949–2024 · leading case: People v. Burwick, 537 N.W.2d 813 (Mich. 1995).
Sort: Relevance Newest Treatment
People v. Burwick, 537 N.W.2d 813 (Mich. 1995). · cites it 10× “[7] Before its amendment in 1986, MCL 767.40; MSA 28.980 was interpreted to require the prosecutor to use due diligence to endorse and produce all res gestae witnesses.”
People v. Cummings, 430 N.W.2d 790 (Mich. Ct. App. 1988). · cites it 4× “Deleted from MCL 767.40; MSA 28.980 was the requirement that the prosecutor in the information, "indorse thereon the names of the witnesses known to him at the time of filing the same.”
People v. Stewart, 256 N.W.2d 31 (Mich. 1977). · cites it 2× “However, the information in this case discloses that "Junior" was not an indorsed res gestae witness, MCLA 767.40; MSA 28.980. The people are not obligated to produce an unindorsed res gestae witness who is an accomplice.”
People v. Pearson, 273 N.W.2d 856 (Mich. 1979). · cites it 2× “" MCL 767.40; MSA 28.980 (emphasis supplied).”
People v. Dyer, 390 N.W.2d 645 (Mich. 1986). · cites it 2× “MCL 767.40; MSA 28.980. There were three res gestae witnesses endorsed in the present case: Woodrow Taylor, Michael Johnson, and Deborah Morrison, who had called the police on the night in question.”
People v. Wilson, 243 N.W.2d 257 (Mich. 1976). · cites it 2× “If the prosecutor's witness was available to defendant for discovery well before trial, as the trial court and the Court of Appeals assumed, then the prosecutor should have been able to so inform defense counsel in response to his request, and to indorse that witness before the…”
People v. Goddard, 418 N.W.2d 881 (Mich. 1988). · cites it 2× “The jury was faced with the choice of deciding that either the father or the son killed George Wissmiller.”
People v. Russell, 183 N.W.2d 845 (Mich. Ct. App. 1970). · cites it 4× “[4] MCLA § 767.40 (Stat Ann 1970 Cum Supp § 28.”
People v. Koonce, 648 N.W.2d 153 (Mich. 2002). “5 Until 1986, the prosecutor’s duty to list witnesses on the information was contained in MCL 767.40. The 1986 amendment shifted that requirement to MCL 767.”
People v. Carter, 276 N.W.2d 493 (Mich. Ct. App. 1979). · cites it 4× “Defendant also claims that reversal is required because the prosecutor failed to produce two res gestae witnesses for trial as required by MCL 767.40; MSA 28.980. Defendant contends that the prosecutor should have produced George Isaac who was not present at the commission of…”
People v. Barker, 171 N.W.2d 574 (Mich. Ct. App. 1969). · cites it 4× “MCLA § 767.40 (Stat Ann 1969 Cum Supp § 28.”
People v. Sullivan, 296 N.W.2d 81 (Mich. Ct. App. 1980). · cites it 2× “People v Frazier, 95 Mich App 570 ; 291 NW2d 125 (1980), MCL 767.40; MSA 28.980. No such abuse is here present.”
Show all 170 citing cases →
— Mich. Comp. Laws § 767.40(a) — 6 cases
People v. Nieto, 190 N.W.2d 579 (Mich. Ct. App. 1971).
People v. Gilbert, 455 N.W.2d 731 (Mich. Ct. App. 1990).
People v. Favors, 328 N.W.2d 585 (Mich. Ct. App. 1982).
People v. Foster, 189 N.W.2d 821 (Mich. Ct. App. 1971).
People of Michigan v. Edison Alexander Peoples (Mich. Ct. App. 2017).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.