Section 600.2167 - Preliminary examination or grand jury proceeding; receiving technician's report in evidence; furnishing copies to attorney; notice; adjournment; testimony by technician, forensi
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.2167 Preliminary examination or grand jury proceeding; receiving technician's report in evidence; furnishing copies to attorney; notice; adjournment; testimony by technician, forensic pathologist, or medical examiner; use of video or voice communication equipment.
Sec. 2167.
(1) In a preliminary examination or grand jury proceeding, a report of the findings of a technician of the division of the department of state police concerned with forensic science, signed by that technician, or a notarized copy of the report, may be received in evidence in place of the technician's appearance and testimony.
(2) Before a preliminary examination at which the technician's report of findings will be introduced in evidence, 2 copies of the report shall be furnished to the prosecuting attorney. The prosecuting attorney shall immediately furnish 1 copy of the technician's report to the defense attorney or, if an appearance or appointment of defense counsel has not been filed, to the defendant.
(3) The prosecuting attorney, upon receiving copies of the technician's report, shall notify the court before which the preliminary examination will be held that copies of the technician's report are in the prosecutor's possession. If the prosecuting attorney fails to notify the court that he or she has received copies of the technician's report not less than 5 days before the day set for preliminary examination, the court shall adjourn the preliminary examination.
(4) An accused person or his or her attorney may request that the technician testify at the preliminary examination on behalf of the state by serving written notice on the prosecuting attorney not more than 5 days after receiving a copy of the technician's report of findings from the prosecuting attorney. The technician may be sworn and testify by video or voice communication equipment that permits the witness, court, all parties, and counsel to hear and speak to each other in the court, chambers, or other suitable place. A record of the testimony shall be taken in the same manner as for other testimony at the preliminary examination. If suitable video or voice communication equipment is not available, the technician shall testify in person.
(5) In a preliminary examination, the prosecuting attorney may move in writing not less than 5 days before the date set for the preliminary examination to permit a forensic pathologist or medical examiner to be sworn and testify by video or voice communication equipment that permits the witness, court, all parties, and counsel to hear and speak to each other in the court, chambers, or other suitable place. The court shall grant the motion for good cause shown. A record of the testimony shall be taken in the same manner as for other testimony at the preliminary examination.
History: Add. 1976, Act 30, Imd. Eff. Mar. 5, 1976 ;-- Am. 1993, Act 288, Eff. Mar. 1, 1994