Grand Juries

MCR 6.
005:
(I) Assistance of Lawyer at Grand Jury Proceedings.
(1) A witness called before a grand jury or a grand juror is entitled to have a lawyer
present in the hearing room while the witness gives testimony. A witness may not refuse
to appear for reasons of unavailability of the lawyer for that witness. Except as otherwise
provided by law, the lawyer may not participate in the proceedings other than to advise
the witness.
(2) The prosecutor assisting the grand jury is responsible for ensuring that a witness is
informed of the right to a lawyer’s assistance during examination by written notice
accompanying the subpoena to the witness and by personal advice immediately
before the examination. The notice must include language informing the witness that if
the witness is financially unable to retain a lawyer, the chief judge in the circuit court in
which the grand jury is convened will on request refer the witness to the local indigent
criminal defense system for appointment of an attorney at public expense.
MCR 6.107
(A) Right to Grand Jury Records. Whenever an indictment is returned by a grand jury on a
grand juror, the person accused in the indictment is entitled to the part of the record,
including a transcript of the part of the testimony of all witnesses appearing before the
grand jury or grand juror, that touches on the guilt or innocence of the accused of the
charge contained in the indictment.
(B) Procedure to Obtain Records.
(1) To obtain the part of the record and transcripts specified in subrule (A), a motion must be
addressed to the chief judge of the circuit court in the county in which the grand jury issuing
the indictment was convened.
(2) The motion must be filed within 14 days after arraignment on the indictment or at a
reasonable time thereafter as the court may permit on a showing of good cause and a finding
that the interests of justice will be served.
(3) On receipt of the motion, the chief judge shall order the entire record and transcript of
testimony taken before the grand jury to be delivered to the chief judge by the person having
custody of it for an in-camera inspection by the chief judge.
(4) Following the in-camera inspection, the chief judge shall certify the parts of the record,
including the testimony of all grand jury witnesses that touches on the guilt or innocence of
the accused, as being all of the evidence bearing on that issue contained in the record, and
have two copies of it prepared, one to be delivered to the attorney for the accused, or to the
accused if not represented by an attorney, and one to the attorney charged with the
responsibility for prosecuting the indictment.
(5) The chief judge shall then have the record and transcript of all testimony of grand jury
witnesses returned to the person from whom it was received for disposition according to law.
Rule 6.112 The Information or Indictment
(A) Informations and Indictments; Similar Treatment. Except as otherwise provided in these
rules or elsewhere, the law and rules that apply to informations and prosecutions on informations
apply to indictments and prosecutions on indictments.
(B) Use of Information or Indictment. A prosecution must be based on an information or an
indictment. Unless the defendant is a fugitive from justice, the prosecutor may not file an
information until the defendant has had or waives a preliminary examination. An indictment is
returned and filed without a preliminary examination. When this occurs, the indictment shall
commence judicial proceedings.
(C) Time of Filing Information or Indictment. The prosecutor must file the information or
indictment on or before the date set for the arraignment.
(D) Information; Nature and Contents; Attachments. The information must set forth the
substance of the accusation against the defendant and the name, statutory citation, and penalty of
the offense allegedly committed. If applicable, the information must also set forth the notice
required by MCL 767.45, and the defendant’s Michigan driver’s license number. To the extent
possible, the information should specify the time and place of the alleged offense. Allegations
relating to conduct, the method of committing the offense, mental state, and the consequences of
conduct may be stated in the alternative. A list of all witnesses known to the prosecutor who may
be called at trial and all res gestae witnesses known to the prosecutor or investigating law
enforcement officers must be attached to the information. A prosecutor must sign the
information.
(E) Bill of Particulars. The court, on motion, may order the prosecutor to provide the
defendant a bill of particulars describing the essential facts of the alleged offense.
(F) Notice of Intent to Seek Enhanced Sentence. A notice of intent to seek an enhanced sentence
pursuant to MCL 769.13 must list the prior convictions that may be relied upon for purposes of
sentence enhancement. The notice must be filed within 21 days after the defendant's arraignment
on the information charging the underlying offense or, if arraignment is waived or eliminated as
allowed under MCR 6.113(E), within 21 days after the filing of the information charging the
underlying offense.
(G) Harmless Error. Absent a timely objection and a showing of prejudice, a court may not
dismiss an information or reverse a conviction because of an untimely filing or because of an
incorrectly cited statute or a variance between the information and proof regarding time, place,
the manner in which the offense was committed, or other factual detail relating to the alleged
offense.
(H) Amendment of Information or Notice of Intent to Seek Enhanced Sentence. The court
before, during, or after trial may permit the prosecutor to amend the information or the notice of
intent to seek enhanced sentence unless the proposed amendment would unfairly surprise or
prejudice the defendant. On motion, the court must strike unnecessary allegations from the
information.

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MCR 6.

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