(1) A prosecuting attorney may petition the district court, the circuit court, or the recorder’s court in writing for authorization to issue 1 or more subpoenas to investigate the commission of a felony as provided in this chapter.
  (2) A petition for authorization to issue 1 or more investigative subpoenas under subsection (1) shall contain all of the following:

Terms Used In Michigan Laws 767A.2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Judicial district: means the following:
  (i) With regard to the circuit court, the county. See Michigan Laws 761.1
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • prosecuting attorney: means the attorney general or the prosecuting attorney for a county, or his or her designee. See Michigan Laws 767A.1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  •   (a) A brief description of each felony being investigated.
      (b) The name of each person who will be questioned or who will be required to produce material described under subdivision (c).
      (c) A general description of any records, documents, or physical evidence to be examined.
      (d) A brief statement of the facts establishing the basis for the prosecuting attorney’s belief that the testimony of the person or examination of the records, documents, or physical evidence is relevant to the investigation of a felony described in the petition.
      (3) The petition for authorization to issue 1 or more investigative subpoenas may be filed by the prosecuting attorney with any of the following:
      (a) The circuit court of the judicial circuit in which the felony or a portion of the felony is alleged to have been committed or of any judicial circuit in which the prosecuting attorney lawfully maintains an office.
      (b) The recorder’s court if the felony or a portion of the felony is alleged to have been committed in the city of Detroit or if the prosecuting attorney lawfully maintains an office in the city of Detroit.
      (c) The district court of the judicial district in which the felony or a portion of the felony is alleged to have been committed or of any judicial district in which the prosecuting attorney lawfully maintains an office.
      (4) A prosecuting attorney may file an application for immunity under section 7 at the time he or she files a petition for authorization to issue 1 or more investigative subpoenas under this section.
      (5) An application under this section is confidential and shall not be available for public inspection or copying or divulged to any person except as otherwise provided in this chapter. An application under this section is exempt for disclosure under the freedom of information act, Act No. 422 of the Public Acts of 1976, being section 15.231 to 15.246 of the Michigan Compiled Laws.