Mich. Comp. Laws » Michigan Compiled Laws / Chapter 780 / Act 177 of 1957
Michigan Compiled Laws

Mich. Comp. Laws § 780.133 (2026)

Failure to prosecute; dismissal with prejudice.

✓ current as of July 2026
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DISPOSITION OF UNTRIED CHARGES AGAINST INMATES OF PENAL INSTITUTIONS


Act 177 of 1957


780.133 Failure to prosecute; dismissal with prejudice.

Sec. 3.

    In the event that, within the time limitation set forth in section 1 of this act, action is not commenced on the matter for which request for disposition was made, no court of this state shall any longer have jurisdiction thereof, nor shall the untried warrant, indictment, information or complaint be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

History: 1957, Act 177, Eff. Sept. 27, 1957

Notes of Decisions
Cited in 86 cases (18 in the last 5 years), 1967–2025 · leading case: People v. Lown, 794 N.W.2d 9 (Mich. 2011).
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People v. Lown, 794 N.W.2d 9 (Mich. 2011). · cites it 85× “131 and MCL 780.133. The object of this rule is to dispose of new criminal charges against inmates in Michigan correctional facilities; the rule requires dismissal of the case if the prosecutor fails to commence action on charges pending against an inmate within 180 days after…”
People v. Smith, 475 N.W.2d 333 (Mich. 1991). · cites it 28× “] MCL 780.133; MSA 28.969(3) requires dismissal with prejudice where an action is not commenced within the 180-day time limit set forth in the act: In the event that, within the time limitation set forth in section 1 of this act, action is not commenced on the matter for which…”
People v. Williams, 716 N.W.2d 208 (Mich. 2006). · cites it 2× “MCL 780.133 requires dismissal with prejudice if a prisoner is not brought to trial within the 180-day time limit set forth in the act: In the event that, within the time limitation set forth in section 1 of this act, action is not commenced on the matter for which request for…”
Mccahan v. Brennan, 822 N.W.2d 747 (Mich. 2012). · cites it 2× “131 and MCL 780.133 without any mention or apparent regard of more than 50 years of legislative “acquiescence” in that decision.”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003). · cites it 2× “§ 780.133 (providing that where the "180-day rule" of M.”
People v. Forrest, 249 N.W.2d 384 (Mich. Ct. App. 1976). · cites it 2× “969(1) and MCLA 780.133; MSA 28.969(3). On June 21, 1974, defendant was sentenced, after a plea of guilty, to a prison term of 2-1/2 to 20 years.”
People v. Wolak, 395 N.W.2d 240 (Mich. Ct. App. 1986). · cites it 3× “Since action was not taken to bring defendant to trial until his pretrial conference and rearraignment on March 29, 1983, 195 days from this Court’s reversal of defendant’s convictions, the trial court did not have jurisdiction to hear the charges pursuant to MCL 780.133; MSA…”
People v. Eaton, 459 N.W.2d 86 (Mich. Ct. App. 1990). · cites it 2× “969(3), provides that a violation of the speedy trial rule divests the court of jurisdiction and that untried warrants, indictments, and informations or complaints shall be without "any further force or effect. Although never specified, it is assumed that these panels construe…”
People v. Haynes, 147 N.W.2d 714 (Mich. Ct. App. 1967). · cites it 4× “Pursuant to CLS 1961, § 780.133, supra, the court was without jurisdiction to hear the case on the second charge.”
People v. Williams, 158 N.W.2d 42 (Mich. Ct. App. 1968). · cites it 4× “969[3]) (see footnote 3) which require that whenever the department of corrections receives notice of an untried warrant, indictment, information, or complaint affecting an inmate, the inmate shall be brought to trial within 180 days after the department delivers to the…”
People v. Schinzel, 296 N.W.2d 85 (Mich. Ct. App. 1980). · cites it 2× “In a 2-to-1 opinion, this Court reversed the defendant's conviction and dismissed the charges against him, MCL 780.133; MSA 28.969(3), ruling that more than 180 days had elapsed from the time of the charge to the trial and that the people had not met the burden of establishing…”
People v. Walker, 741 N.W.2d 843 (Mich. Ct. App. 2007). “131], action is not commenced on the matter for which request for disposition was made, no court of this state shall any longer have jurisdiction thereof, nor shall the untried warrant, indictment, information or complaint be of any further force or effect, and the court shall…”
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