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

Mich. Comp. Laws § 767.77 (2026)

Commission to examine out-of-state witness; granting on application of defendant.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767.77 Commission to examine out-of-state witness; granting on application of defendant.

Sec. 77.

    When an issue of fact shall be joined upon any indictment, the court in which the same is pending may, on application of the defendant, grant a commission to examine any material witnesses residing out of this state, in the same manner as in civil cases.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17291 ;-- CL 1948, 767.77

FormerLaw Notes:

    See section 35 of Ch. 164 of R.S. 1846, being CL 1857, § 6044; CL 1871, § 7913; How., § 9524; CL 1897, § 11909; and CL 1915, § 15736.

Notes of Decisions
Cited in 2 cases, 1971–1974 · leading case: People v. Fields, 216 N.W.2d 51 (Mich. 1974).
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People v. Fields, 216 N.W.2d 51 (Mich. 1974). · cites it 2× “MCLA 767.77; MSA 28.1017. (e) On order of a judge, a defendant may have witnesses examined before a trial in his behalf "conditionally".”
People v. Howard Hayes, 194 N.W.2d 97 (Mich. Ct. App. 1971). · cites it 2× “Pursuant to MCLA §§ 767.77, 767.78 (Stat Ann 1954 Rev §§ 28.”
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