THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.94a Disclosure of certain material or information by defendant to prosecuting attorney; compliance; motion for good cause.
Sec. 94a.
(1) A defendant or his or her attorney shall disclose to the prosecuting attorney upon request the following material or information within the possession or control of the defendant or his or her attorney:
(a) The name and last known address of each witness other than the defendant whom the defendant intends to call at trial provided the witness is not listed by the prosecuting attorney.
(b) The nature of any defense the defendant intends to establish at trial by expert testimony.
(c) Any report or statement by an expert concerning a mental or physical examination, or any other test, experiment, or comparison that the defendant intends to offer in evidence, or that was prepared by a person, other than the defendant, whom the defendant intends to call as a witness, if the report or statement relates to the testimony to be offered by the witness.
(d) Any book, paper, document, photograph, or tangible object that the defendant intends to offer in evidence or that relates to the testimony of a witness, other than the defendant, whom the defendant intends to call.
(2) The defendant or his or her attorney shall comply with the disclosure provisions of subsection (1) not later than 10 days before trial or at any other time as the court directs.
(3) A defendant shall not offer at trial any evidence required to be disclosed pursuant to subsection (1) that was not disclosed unless permitted by the court upon motion for good cause shown. A motion under this subsection may be made before or during trial.
History: Add. 1994, Act 113, Eff. Oct. 1, 1994
Compiler's Notes:
On November 16, 1994, the Michigan Supreme Court entered Administrative Order No. 1994-10, which provides as follows:
“On May 4, 1994, the Governor signed House Bill 4227, concerning discovery by the prosecution of certain information known to the defendant in a criminal case. 1994 PA 113, MCL 767.94a; MSA 28.1023(194a). On November 16, 1994, this Court promulgated MCR 6.201, which is a comprehensive treatment of the subject of discovery in criminal cases.
“On order of the Court, effective January 1, 1995, discovery in criminal cases heard in the courts of this state is governed by MCR 6.201 and not by MCL 767.94a; MSA 28.1023(194a). Const 1963, art 6, § 5; MCR 1.104.”
Notes of Decisions
Cited in
31
cases (
10 in the last 5 years), 1994–2025 · leading case:
People v. Phillips, 663 N.W.2d 463 (Mich. 2003).
People v. Phillips, 663 N.W.2d 463 (Mich. 2003).
· cites it 10× “The trial judge signed an order on September 11, 2000, which, in part, ordered defendant to “obtain reports from the defense expert and provide them within thirty (30) days, to the People.”
People v. Greenfield, 722 N.W.2d 254 (Mich. Ct. App. 2006).
“In addition to disclosures required by provisions of law other than MCL 767.94a; MSA 28.1023(194a), a party upon request must provide all other parties: (1) the names and addresses of all lay and expert witnesses whom the party intends to call at trial; (2) any written or…”
People v. Sheldon, 592 N.W.2d 121 (Mich. Ct. App. 1999).
· cites it 7× “201 and MCL 767.94a; MSA 28.1023(194a). When defendant objected, the prosecution filed a motion to compel discovery.”
People v. Lemcool, 518 N.W.2d 437 (Mich. 1994).
“1023(194a), and it takes effect on October 1, 1994: (1) A defendant or his or her attorney shall disclose to the prosecuting attorney upon request the following material or information within the possession or control of the defendant or his or her attorney: (a) The name and…”
Seales v. Macomb Cnty., 226 F.R.D. 572 (E.D. Mich. 2005).
“201(A) states, "In addition to disclosures required by provisions of law other than MCL 767.94a; MSA 28.1023(194a), a party upon request must provide all other parties: (I) the names and addresses of all lay and expert witnesses whom the party intends to call at trial.”
People v. Yost, 759 N.W.2d 196 (Mich. 2009).
· cites it 6× “MCL 767.94a(1)(b) requires that a defendant disclose the nature of any defense that she intends to establish at trial by expert testimony.”
People v. Greenfield, 722 N.W.2d 254 (Mich. Ct. App. 2006).
“In addition to disclosures required by provisions of law other than MCL 767.94a; MSA 28.1023(194a), a party upon request must provide all other parties: (1) the names and addresses of all lay and expert witnesses whom the party intends to call at trial; (2) any written or…”
People v. Valeck, 566 N.W.2d 26 (Mich. Ct. App. 1997).
“In addition to disclosures required by provisions of law other than MCL 767.94a; MSA *51 28.1023(194a), a party upon request must provide all other parties: * * * (6) a description of and an opportunity to inspect any tangible physical evidence that the party intends to…”
People v. Phillips, 632 N.W.2d 154 (Mich. Ct. App. 2001).
“In addition to disclosures required by provisions of law other than MCL 767.94a; MSA 28.1023(194a), a party upon request must provide all other parties: * * * (3) any report of any kind produced by or for an expert witness whom the party intends to call at tnal[.”
People of Michigan v. John Dereck Mahl (Mich. Ct. App. 2025).
· cites it 3× “40a, MCL 767.94a, and MCR 6.201. MCL 767.94a(2) required defendant to file his witness list and exhibit list not later than 10 days before the start of trial.”
People of Michigan v. Nathan Leon Branham (Mich. Ct. App. 2021).
· cites it 2× “In this case, defense counsel did not provide the prosecutor with Dr. Simpson’s curriculum vitae and a report or written description of his proposed testimony within the required time period.”
— Mich. Comp. Laws § 767.94a(1) — 2 cases
People of Michigan v. Nathan Leon Branham (Mich. Ct. App. 2021).
“In this case, defense counsel did not provide the prosecutor with Dr. Simpson’s curriculum vitae and a report or written description of his proposed testimony within the required time period.”
— Mich. Comp. Laws § 767.94a(1)(a) — 1 case
— Mich. Comp. Laws § 767.94a(1)(b) — 1 case
People v. Yost, 759 N.W.2d 196 (Mich. 2009).
“MCL 767.94a(1)(b) requires that a defendant disclose the nature of any defense that she intends to establish at trial by expert testimony.”
— Mich. Comp. Laws § 767.94a(2) — 2 cases
People v. Yost, 759 N.W.2d 196 (Mich. 2009).
“MCL 767.94a(1)(b) requires that a defendant disclose the nature of any defense that she intends to establish at trial by expert testimony.”
People of Michigan v. John Dereck Mahl (Mich. Ct. App. 2025).
“40a, MCL 767.94a, and MCR 6.201. MCL 767.94a(2) required defendant to file his witness list and exhibit list not later than 10 days before the start of trial.”
— Mich. Comp. Laws § 767.94a(3) — 2 cases
People v. Yost, 759 N.W.2d 196 (Mich. 2009).
“MCL 767.94a(1)(b) requires that a defendant disclose the nature of any defense that she intends to establish at trial by expert testimony.”
People of Michigan v. John Dereck Mahl (Mich. Ct. App. 2025).
“40a, MCL 767.94a, and MCR 6.201. MCL 767.94a(2) required defendant to file his witness list and exhibit list not later than 10 days before the start of trial.”
— Mich. Comp. Laws § 767.94a(l)(b) — 1 case
People v. Yost, 759 N.W.2d 196 (Mich. 2009).
“MCL 767.94a(1)(b) requires that a defendant disclose the nature of any defense that she intends to establish at trial by expert testimony.”
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