Michigan Compiled Laws

Mich. Comp. Laws § 767.41 (2026)

Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

767.41 Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information.

Sec. 41.

The prosecuting attorney of the proper county shall inquire into and make full examination of all the facts and circumstances connected with a case of preliminary examination as provided by law, concerning the commission of an offense where the offender is committed to jail or becomes recognized or held to bail. If the prosecuting attorney determines in a case other than a major controlled substance offense that an information ought not be filed, he shall make and subscribe a statement, in writing, containing his reasons in fact and in law, for not filing an information in the case and shall file that statement with the clerk of the court at and during the term of the court at which the offender is held for appearance. The court may examine the statement, together with the evidence filed in the case and if, upon examination, the court is not satisfied with the statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17255 ;-- CL 1948, 767.41 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978

FormerLaw Notes:

See section 6 of Act 138 of 1859, being CL 1871, § 7942; How., § 9553; CL 1897, § 11938; CL 1915, § 15765; and Act 147 of 1863.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1974–2026 · leading case: People v. Evans, 287 N.W.2d 608 (Mich. Ct. App. 1979).

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People v. Evans, 287 N.W.2d 608 (Mich. Ct. App. 1979). · cites it 2× “The court may examine the statement, together with the evidence filed in the case and if, upon examination, the court is not satisfied with the statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.”

Genesee Prosecutor v. Genesee Circuit Judge, 215 N.W.2d 145 (Mich. 1974). “9 MCLA 767.41; MSA 28.981. 10 MCLA 767.29; MSA 28.”

People v. Morrow, 542 N.W.2d 324 (Mich. Ct. App. 1995). “969; see also MCL 767.41; MSA 28.981. While the judge may veto the prosecutor’s decision not to prosecute further, the court has no power to dismiss on its own motion over prosecutorial objection.”

People v. Burrill, 214 N.W.2d 823 (Mich. 1974). “If the defendant is bound over, the magistrate’s determination is subject to judicial review (Genesee Prosecutor v Genesee Circuit Judge, 391 Mich 115 ; 215 NW2d 145 [1974]), and the prosecutor is obliged again to review the matter before filing an information.”

People v. Stewart, 217 N.W.2d 894 (Mich. Ct. App. 1974). “MCLA 767.41; MSA 28.981. Genesee II explains the judge’s function as follows: "In deciding whether an examining magistrate acts properly in binding or in refusing to bind over an accused person, and in deciding whether a prosecuting attorney acts properly in deciding not to file…”

People of Michigan v. Mekio Price (Mich. Ct. App. 2026). “”4 3 See also MCL 767.41, which pertains to cases, other than those involving a major controlled substance, in which a prosecutor determines that an information ought not be filed.”

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.