Section 767.25 - Indictment by grand jury; indorsement; presentment; return; filing; inspection.

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

767.25 Indictment by grand jury; indorsement; presentment; return; filing; inspection.

Sec. 25.

(1) If a person is indicted by a grand jury, the grand jury shall indorse all of the names of the complainants and all of the names of the witnesses on the back of the indictment. The foreperson of the grand jury shall present the indictment to the court in the presence of the grand jury.

(2) If a person is indicted by a grand jury convened under section 7c, the indictment shall remain with the court having jurisdiction over the offense, after the indictment is certified and filed with that court.

(3) If the grand jury indicts a person under subsection (1), the judge presiding over the grand jury proceedings shall return the indictment to any court having proper jurisdiction over the offense.

(4) Except as otherwise provided in this section, the indictment shall be filed with the court and remain with the court as a public record.

(5) If a person is indicted for a felony and the person is not in custody, the indictment shall not be open to inspection by any person other than the attorney general or the prosecuting attorney until the defendant is in custody.


History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17239 ;-- CL 1948, 767.25 ;-- Am. 1989, Act 204, Imd. Eff. Nov. 1, 1989
Former Law: See section 19 of Ch. 164 of R.S. 1846, being CL 1857, § 6028; CL 1871, § 7897; How., § 9508; CL 1897, § 11893; and CL 1915, § 15720.