Sec. 41. The prosecuting attorney of the proper county shall inquire into and make full examination of all the facts and circumstances connected with a case of preliminary examination as provided by law, concerning the commission of an offense where the offender is committed to jail or becomes recognized or held to bail. If the prosecuting attorney determines in a case other than a major controlled substance offense that an information ought not be filed, he shall make and subscribe a statement, in writing, containing his reasons in fact and in law, for not filing an information in the case and shall file that statement with the clerk of the court at and during the term of the court at which the offender is held for appearance. The court may examine the statement, together with the evidence filed in the case and if, upon examination, the court is not satisfied with the statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
Mich. Comp. Laws § 767.41
Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information
Applied in 5 court decisions — leading case Genesee Prosecutor v. Genesee Circuit Judge (1974)
Most recently applied in 214 Mich. App. 158 - People v. Morrow (October 1995)
1927, Act 175, Eff
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Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.