Sec. 26. Testimony taken at an examination, preliminary hearing, or at a former trial of the case, or taken by deposition at the instance of the defendant, may be used by the prosecution whenever the witness giving such testimony can not, for any reason, be produced at the trial, or whenever the witness has, since giving such testimony become insane or otherwise mentally incapacitated to testify.
Mich. Comp. Laws § 768.26
Evidence; use of former testimony; deposition for defendant
Applied in 47 court decisions — leading case Hicks v. Straub (2004)
Most recently applied in 323 Mich. App. 452 - People of Michigan v. Floyd Ray Pennington (March 2018)
1927, Act 175, Eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.