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

Mich. Comp. Laws § 767A.1 (2026)

“Prosecuting attorney” defined.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


767A.1 “Prosecuting attorney” defined.

Sec. 1.

    As used in this chapter, "prosecuting attorney" means the attorney general or the prosecuting attorney for a county, or his or her designee.

History: Add. 1995, Act 148, Eff. Oct. 1, 1995

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1998–2021 · leading case: People v. Gadomski, 731 N.W.2d 466 (Mich. Ct. App. 2007).
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People v. Gadomski, 731 N.W.2d 466 (Mich. Ct. App. 2007). · cites it 12× “The significant issues in this case are (1) whether defendant has standing to challenge the admission of business records that were held by third parties and obtained through improperly issued subpoenas; and (2) whether the exclusionary rule should nonetheless be applied to…”
In Re Investigation of March 1999 Riots, 617 N.W.2d 310 (Mich. 2000). · cites it 5× “§ 767A.1 et seq.; MSA 28.1023A(1) et seq.”
People v. Stevens, 610 N.W.2d 881 (Mich. 2000). · cites it 2× “§ 767A.1 et seq. ; MSA 28.1023A(1) et seq.”
People v. Pastor, 463 Mich. 378 (Mich. 2000). · cites it 5× “2 Initially, the prosecuting attorney also obtained circuit court approval for the issuance of investigative subpoenas under 1995 PA 148 , MCL 767A.1 et seq.; MSA 28.1023A(1) et seq.”
In re Subpoenas to News Media, 613 N.W.2d 342 (Mich. Ct. App. 2000). · cites it 6× “After a remand from our Supreme Court, the district court held that the investigative subpoenas were proper under MCL 767A.1 et seq.; MSA 28.1023A(1) et seq.”
People v. Earls, 730 N.W.2d 241 (Mich. 2007). · cites it 4× “In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, and we REMAND this case to the Sanilac Circuit Court for further proceedings not inconsistent with this order.”
People v. Pruitt, 580 N.W.2d 462 (Mich. Ct. App. 1998). “i The use of investigative subpoenas by prosecutors to facilitate felony investigations was authorized by the Michigan Legislature in 1995, 1995 PA 148 , and is codified as MCL 767A.1 et seq.; MSA 28.1023A(1) et seq.”
In re Subpoenas to News Media, 593 N.W.2d 558 (Mich. 1999). “The case is remanded to the 54-B District Court for consideration of the prosecuting attorney’s request for investigative subpoenas under MCL 767A.1 et seq.; MSA 28.1023A(1) et seq.”
People v. Earls, 724 N.W.2d 474 (Mich. 2006). “We direct the Clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1).”
Ruiz 848854 v. Olson (W.D. Mich. 2021). · cites it 2× “Mich. Comp. Laws § 767A.5. Miranda expands the Fifth Amendment right against self-incrimination into a right to silence in the coercive environment of custody.”
People of Michigan v. Malcolm Xavier Jeffries (Mich. Ct. App. 2017). “And the Court held that there is no language in the text of MCL 767A.1 et seq., the statutory scheme involved here, indicating a legislative intent to impose the drastic remedy of exclusion of evidence for a statutory violation.”
People of Michigan v. Malcolm Xavier Jeffries (Mich. Ct. App. 2017). “And the Court held that there is no language in the text of MCL 767A.1 et seq., the statutory scheme involved here, indicating a legislative intent to impose the drastic remedy of exclusion of evidence for a statutory violation.”
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