Michigan Compiled Laws

Mich. Comp. Laws § 767.79 (2026)

Conditional examination of witness for defendant; order; notice to prosecutor.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

767.79 Conditional examination of witness for defendant; order; notice to prosecutor.

Sec. 79.

After an indictment shall be found against any defendant, he may have witnesses examined in his behalf conditionally on the order of a judge of the court in which the indictment is pending, in the same cases upon the like notice to the prosecuting attorney, and with like effect in all respects as in civil suits.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17293 ;-- CL 1948, 767.79

FormerLaw Notes:

See section 37 of Ch. 164 of R.S. 1846, being CL 1857, § 6046; CL 1871, § 7915; How., § 9526; CL 1897, § 11911; and CL 1915, § 15738.

Notes of Decisions

Cited in 2 cases, 1974–1993 · 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 767.79; MSA 28.1019. (f) Courts are empowered to pronounce sentences of probation, fine or imprisonment, the only limitation being that the sentence cannot exceed the penalty prescribed by law.”

People v. Tomko, 509 N.W.2d 868 (Mich. Ct. App. 1993). · cites it 2× “MCL 767.79; MSA 28.1019, 4 MCL 768.26; *680 MSA 28.”

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.