§ 767.1 Courts of record; jurisdiction over prosecutions upon information
§ 767.2 Applicability of indictment laws to informations
§ 767.3 Proceedings before trial; inquiry; summoning witnesses; notification to judge; taking testimony; legal counsel; disqualification of judge
§ 767.4 Proceedings before trial; apprehension of suspect; disqualification as examining magistrate; finding as to misconduct in office; disclosures, penalty, exceptions; report of no finding of criminal
§ 767.4a Proceedings before trial; unlawful use or possession of testimony, exhibits or proceedings; exceptions, penalty
§ 767.5 Proceedings before trial; failure of witnesses to appear or answer questions; hearing, penalty; commutation or suspension of sentence
§ 767.5a Disclosing identity of informant; privileged and confidential communications
§ 767.6 Incriminating answers of witnesses; order granting immunity; use of truthful testimony or other information against witness in criminal case; transcript; applicability of secrecy provisions; scop
§ 767.6a Docket, journal, transcript and record; seal and file; violation of secrecy; available in connection with appeal, order, receipt; destruction of transcripts, notes and records
§ 767.6b Public accounting by judge; time, filing
§ 767.7 Grand jury; summoning, procedure
§ 767.7a Grand jurors; term of service; recalling
§ 767.7b Grand jury; petition by attorney general or county prosecuting attorneys to convene; jurisdiction; contents of petition
§ 767.7c Grand jury convened by court of appeals; procedure; jurisdiction
§ 767.7d Grand jury convened by court of appeals; circumstances
§ 767.7e Grand jury convened by court of appeals; duties of court of appeals
§ 767.7f Grand jury convened by court of appeals; term; extension; dismissal; recall
§ 767.7g Grand jury convened by court of appeals; expansion of jurisdiction; petition
§ 767.8 Grand jury; juror; grounds for discharge; summoning new juror
§ 767.9 Grand jurors; alphabetical list; administration and form of oath
§ 767.10 Grand jury; affirmation in lieu of oath
§ 767.11 Grand jury; size; foreman, appointment
§ 767.12 Grand jury; foreman; term, vacancy
§ 767.13 Grand jury; juror; grounds of objection to competency
§ 767.14 Grand jury; no challenge of array or individual juror in other cases
§ 767.15 Grand jury; witnesses; administration of oath, list
§ 767.16 Grand jury; clerk, stenographer; appointment, duties
§ 767.17 Grand jury; summoning after dismissal
§ 767.18 Grand jury; disclosure of indictment for felony
§ 767.19 Grand jury; testimony to certain facts required
§ 767.19a Grand jury; order granting immunity to persons giving testimony; application; verified petition; entry of order
§ 767.19b Delivery of immunity order to witness; use of truthful testimony or other information against witness in criminal case; transcript; duration of order granting immunity
§ 767.19c Grand jury; witness, failing to appear, contempt; penalty; purging
§ 767.19d Grand jury; perjury
§ 767.19e Grand jury; right of witness to legal counsel; communications between witness and legal counsel
§ 767.19f Grand jury; publication of testimony prohibited; penalty, exceptions
§ 767.19g Furnishing testimony of witness to person indicted by grand jury
§ 767.20 Grand jury; examination of witnesses; advice on legal matters
§ 767.21 Grand jury; prosecutor to subpoena witness
§ 767.22 Grand jury; appearances to give information; deliberations or vote of grand jury
§ 767.23 Grand jury; indictment, vote required; true bill
§ 767.23a Grand jury; indictment; specifying county where offense took place
§ 767.24 Indictment; crimes; “Theresa Flores’s Law”; definitions; Brandon D’Annunzio’s law; findings and filing; exceptions for victims under 18; extension or tolling
§ 767.25 Indictment by grand jury; indorsement; presentment; return; filing; inspection
§ 767.26 Discharge of accused in absence of indictment
§ 767.27a-767.27c Repealed. 1974, Act 258, Eff. Aug. 6, 1975
§ 767.28 Indictment; right of indictee to copy
§ 767.29 Discontinuance or abandonment of indictment
§ 767.30 Warrant for arrest of indictee; issuance, persons
§ 767.31 Warrant for arrest of indictee; persons to whom directed; place of execution
§ 767.32 Subpoena; witness for defendant; issuance by county clerk, fee
§ 767.33 Subpoena; witness for defendant; disobedience; penalty, civil liability
§ 767.34 Witness; issuance of capias
§ 767.35 Material witness in criminal case; danger of loss of testimony; requiring witness to enter into recognizance with surety; commitment to jail
§ 767.36 Witness; subpoena by prosecution; necessity of fee
§ 767.37 Indictee; plea on arraignment
§ 767.37a Arraignments; use of 2-way interactive video technology; access to courtroom; court record
§ 767.38 Indictee; right to trial or admission to bail
§ 767.39 Abolition of distinction between accessory and principal
§ 767.40 Information; filing; subscription
§ 767.40a Attaching list of witnesses to filed information; disclosing names of res gestae witnesses; sending list to defendant or defendant’s attorney; additions or deletions from list; request for assist
§ 767.41 Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information
§ 767.42 Preliminary examination as prerequisite to filing of information; remand where right waived without benefit of counsel; fugitives from justice
§ 767.43 Indictment; form generally
§ 767.44 Indictment; forms for particular offenses; bill of particulars
§ 767.45 Contents of indictment or information; felony in which motor vehicle used
§ 767.46 Indictment; amendment of certain parts
§ 767.47 Indictment; effect of repugnant and unnecessary allegations
§ 767.48 Indictment; necessity of negativing statutory exception
§ 767.49 Indictment; statement of name of individual, association or corporation
§ 767.50 Indictment; description of instrument
§ 767.51 Indictment; allegation of time
§ 767.52 Indictment; allegation of means of offense
§ 767.53 Indictment; allegation of value or price
§ 767.54 Indictment; ownership; allegation; proof
§ 767.55 Indictment; allegation of certain matters in the alternative
§ 767.56 Indictment; allegation of prior conviction
§ 767.57 Pleading; statute or statutory right
§ 767.58 Pleading; judgment or proceeding
§ 767.59 Indictment; unnecessary formal words and phrases
§ 767.60 Indictment; allegations in embezzlement, larceny and false pretense cases
§ 767.61 Indictment; description of money, bonds, mortgage and similar instrument in offense relating thereto
§ 767.61a Indictment; offense committed by sexually delinquent person; prosecution; expert testimony provided; examination of witnesses; testimony in open court; record; punishment
§ 767.62 Place of indictment, trial and conviction; receiver of stolen property
§ 767.63 Place of indictment; removal of stolen property from another county
§ 767.64 Place and manner of indictment, conviction and punishment; removing stolen property from another state or country; prior conviction or acquittal
§ 767.65 Place and manner of indictment; receiver of property stolen in another state or country
§ 767.66 Place and manner of indictment; person aiding and abetting thief who removes stolen property from another state or country
§ 767.67 Indictment; charging accessory without principal; substantial felony
§ 767.68 Indictment; charge of jointly receiving or concealing stolen property; conviction of less than all indictees
§ 767.69 Indictment for larceny; additional counts; conviction; election between counts unnecessary
§ 767.70 Indictment for libel; statement of application to party libelled
§ 767.71 Indictment for murder and manslaughter; charging act
§ 767.72 Indictment for manslaughter; added count for abortion; admissibility of dying declaration under either count
§ 767.73 Indictment; perjury; sufficiency of statement
§ 767.74 Indictment; motion to quash; dilatory plea; proof
§ 767.75 Indictment; certain defects; quashing not allowed; remedy
§ 767.76 Indictment; time of objection to defect; amendment; discharge of jury; continuance of cause; double jeopardy; review of action by court
§ 767.77 Commission to examine out-of-state witness; granting on application of defendant
§ 767.78 Commission to examine out-of-state witness; interrogatories; reading of deposition
§ 767.79 Conditional examination of witness for defendant; order; notice to prosecutor
§ 767.83 Indictment involving intent to defraud; sufficiency of allegations and proof
§ 767.91 Out of state witnesses; attendance; definitions
§ 767.92 Attendance in another state; hearing; summons; custody; fee
§ 767.93 Attendance from without the state; certificate; fee
§ 767.94 Immunity of witness
§ 767.94a Disclosure of certain material or information by defendant to prosecuting attorney; compliance; motion for good cause
§ 767.95 Short title; uniformity
§ 767.96 Costs of grand jury

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Terms Used In Michigan Laws > Chapters 760-777 > Act 175 of 1927 > Chapter VII - Grand Juries, Indictments, Informations and Proceedings Before Trial

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Additional assistance: means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. See Michigan Laws 460.723
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliated transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, which has fully satisfied the requirements to join a regional transmission organization as determined by the federal energy regulatory commission, is engaged in this state in the transmission of electricity using facilities it owns that were transferred to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is not independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
  • Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Anaerobic digester: means a facility that uses microorganisms to break down biodegradable material in the absence of oxygen, producing methane and an organic product. See Michigan Laws 460.933
  • Anaerobic digester energy system: means an anaerobic digester and the devices used to generate electricity or heat from methane produced by the anaerobic digester or to store the methane for the future generation of electricity or heat. See Michigan Laws 460.933
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approximate location: means a strip of land at least 36 inches wide, but not wider than the width of the marked facility plus 18 inches on either side of the facility marks. See Michigan Laws 460.723
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Blasting: means changing the level or grade of land or rendering, tearing, demolishing, moving, or removing earth, rock, buildings, structures, or other masses or materials by seismic blasting or the detonation of dynamite or any other explosive agent. See Michigan Laws 460.723
  • Business day: means Monday through Friday, excluding holidays observed by the notification system and posted on the notification system website. See Michigan Laws 460.723
  • Business hours: means from 7 a. See Michigan Laws 460.723
  • Caution zone: means the area within 48 inches of either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
  • Certificate: means a certificate of public convenience and necessity issued for a major transmission line under this act or issued for a transmission line under section 9. See Michigan Laws 460.562
  • Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
  • Commission: means the public service commission. See Michigan Laws 460.111
  • commission: when used in this act, means the Michigan public utilities commission or such other state governmental agency as may exercise the powers now conferred upon said commission. See Michigan Laws 460.501
  • Commission: means the Michigan public service commission. See Michigan Laws 460.562
  • Commission: means the Michigan public service commission. See Michigan Laws 460.592
  • Commission: means the propane commission created in section 3. See Michigan Laws 460.622
  • Commission: means the Michigan public service commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.723
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
  • Construction: means any substantial action taken on a route constituting placement or erection of the foundations or structures supporting a transmission line. See Michigan Laws 460.562
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative electric utility: means either of the following:
    (i) An electric cooperative organized as a cooperative corporation under section 98 to 109 of 1931 PA 327, MCL 450. See Michigan Laws 460.592
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dairy product: means all of the following:
  •     (i) Dairy product as that term is defined in section 12 of the manufacturing milk law of 2001, 2001 PA 267, MCL 288. See Michigan Laws 289.822
  • Damage: means any impact upon or exposure of an underground facility requiring its repair or replacement due to weakening, partial destruction, or complete destruction of the facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing of the facility. See Michigan Laws 460.723
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of commerce. See Michigan Laws 460.111
  • Department: means the department of agriculture and rural development. See Michigan Laws 460.622
  • Department: means the department of energy, labor, and economic growth. See Michigan Laws 460.911
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Design ticket: means a communication to the notification system in which a request for information regarding underground facilities for predesign, design, or advance planning purposes, but not marking for excavation or blasting, is made under the procedures described in section 6a. See Michigan Laws 460.723
  • Dig notice: means a communication to the notification system by an excavator providing notice of intended excavation or blasting activity as required by this act. See Michigan Laws 460.723
  • Director: means the director of the department. See Michigan Laws 460.622
  • District: means a district that is created by a local unit of government under a property assessed clean energy program and that lies within the local unit of government's jurisdictional boundaries. See Michigan Laws 460.933
  • District: means a district created under a clean energy program by a municipality. See Michigan Laws 460.963
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Education: means any action to provide propane consumers or members of the propane industry with information regarding the safe use and handling of propane, the proper use and handling of propane equipment, and the proper mechanical and technical practices when using and handling propane. See Michigan Laws 460.622
  • Electric utility: means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460. See Michigan Laws 460.562
  • Electric utility: means any of the following:
  •     (i) An electric utility as that term is defined in section 10h of 1939 PA 3, MCL 460. See Michigan Laws 460.592
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means a sudden or unforeseen occurrence, including a government-declared emergency, involving a clear and imminent danger to life, health, or property, or imminent danger to the environment, that requires immediate correction in order to restore or to prevent the interruption of essential governmental services, utility services, or the blockage of public transportation and that requires immediate excavation or blasting. See Michigan Laws 460.723
  • Emergency notice: means a communication to the notification system to alert the facility owners or facility operators of the urgent need for marking the location of a facility due to an emergency. See Michigan Laws 460.723
  • Energy efficiency improvement: means the acquisition, installation, replacement, or modification of equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, any of the following:
  •     (i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.933
  • Energy efficiency improvement: means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:
  •     (i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.963
  • Energy project: means any of the following:
  •     (i) An energy efficiency improvement. See Michigan Laws 460.933
  • Environmental hazard project: means the acquisition, installation, replacement, or modification of equipment, devices, or materials intended to address environmental hazards, including, but not limited to, measures to do any of the following:
  •     (i) Mitigate lead, heavy metal, or PFAS contamination in potable water systems. See Michigan Laws 460.933
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means moving, removing, or otherwise displacing earth, rock, or other material below existing surface grade with power tools or power equipment, including, but not limited to, grading, trenching, tiling, digging, drilling, boring, augering, tunneling, scraping, cable or pipe plowing, and pile driving; and wrecking, razing, rending, moving, or removing a structure or mass of materials. See Michigan Laws 460.723
  • Excavator: means any person performing excavation or blasting. See Michigan Laws 460.723
  • Facility operator: means a person that controls the operation of a facility. See Michigan Laws 460.723
  • Facility owner: means a person that owns a facility. See Michigan Laws 460.723
  • Farm: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 460.723
  • Farming operations: means plowing, cultivating, planting, harvesting, and similar operations routine to most farms and that are performed on a farm. See Michigan Laws 460.723
  • 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
  • Financial institution: means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, or credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States. See Michigan Laws 460.622
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Fruit and vegetable product: means those plant items used by human beings for human food consumption including, but not limited to, field crops, root crops, berries, herbs, fruits, vegetables, flowers, seeds, grasses, tree products, mushrooms, and other similar products, or any other fruit and vegetable product processed for human consumption as determined by the Michigan commission of agriculture. See Michigan Laws 289.822
  • Fund: means the energy efficiency and renewable energy revolving loan fund created in section 2. See Michigan Laws 460.911
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the county board of commissioners of a county, the township board of a township, or the council or other similar elected legislative body of a city or village. See Michigan Laws 460.933
  • Governing body: means the township board of a township or the council or other similar elected legislative body of a city or village. See Michigan Laws 460.963
  • Governmental agency: means the state and its political subdivisions, including counties, townships, cities, villages, or any other governmental entity. See Michigan Laws 460.723
  • Grain: means dry edible beans, soy beans, small grains, cereal grains, corn, grass seeds, hay, and legume seeds in a raw or natural state. See Michigan Laws 289.822
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • High-voltage transmission line: means a line used to transmit electricity and all associated structures, equipment, facilities, and other personal property necessary to transfer electricity over the line at a system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.592
  • Home energy audit: means an evaluation of the energy performance of a residential structure, by a qualified person using building-performance diagnostic equipment and complying with American national standards institute approved home energy audit standards, that meets both of the following requirements:
  •     (i) Determines how best to optimize energy performance while maintaining or improving human comfort, health, and safety and the durability of the structure. See Michigan Laws 460.963
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Import: means to bring odorized propane into this state by motor vehicle, marine vessel, pipeline, or any other means. See Michigan Laws 460.622
  • 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
  • Incumbent electric transmission company: means an electric utility, affiliated transmission company, or independent transmission company that owns a high-voltage transmission line in this state on or after the effective date of this act. See Michigan Laws 460.592
  • Independent transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
  • Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indictment: means 1 or more of the following:
  •     (i) An indictment. See Michigan Laws 761.1
  • Industry association: means the Michigan Propane Gas Association, a nonprofit corporation of this state. See Michigan Laws 460.622
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint agency: means that term as defined in section 3 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460. See Michigan Laws 460.592
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local unit of government: means a county, township, city, or village. See Michigan Laws 460.933
  • Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1
  • major controlled substance offense: means either or both of the following:
  •     (a) A violation of section 7401(2)(a) of the public health code, Act No. See Michigan Laws 761.2
  • Major transmission line: means a transmission line of 5 miles or more in length wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company through which electricity is transferred at system bulk supply voltage of 345 kilovolts or more. See Michigan Laws 460.562
  • marking: means the temporary identification on the surface grade of the location of a facility in response to a ticket as described in section 7. See Michigan Laws 460.723
  • MiPERC: means the national Propane Education and Research Council affiliate in this state. See Michigan Laws 460.622
  • Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipality: when used in this act, means a city, village or township. See Michigan Laws 460.501
  • Municipality: means a city, township, or village. See Michigan Laws 460.562
  • Municipality: means a city, village, or township, all or some of whose residents are served by a municipal electric utility. See Michigan Laws 460.963
  • New construction energy project: means an energy project to which either of the following applies:
  •     (i) It occurs at a newly constructed building or other structure. See Michigan Laws 460.933
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Notification system: means MISS DIG System, Inc. See Michigan Laws 460.723
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • package: means cloth or fiber sack (such as is customarily used for the shipment of potatoes), barrel, box, crate, hamper or basket. See Michigan Laws 290.152
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, association, limited liability company, or other legal entity. See Michigan Laws 289.822
  • Person: means an individual, partnership, corporation, association, cooperative, limited liability company, or any other business entity. See Michigan Laws 460.622
  • Person: means an individual, firm, joint venture, partnership, corporation, association, governmental agency, department or agency, utility cooperative, or joint stock association, including any trustee, receiver, assignee, or personal representative thereof. See Michigan Laws 460.723
  • Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust, organized, permitted, or existing under the laws of this state or any other state, including, but not limited to, a federal corporation, or a combination thereof. See Michigan Laws 460.933
  • Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust, organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination thereof. See Michigan Laws 460.963
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Positive response: means the procedure administered by the notification system to allow excavators to determine whether all facility owners or facility operators contacted under a ticket have responded in accordance with this act. See Michigan Laws 460.723
  • Preconstruction activity: means any activity on a proposed route conducted before construction of a transmission line begins. See Michigan Laws 460.562
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Processing: means the commercial processing or handling of fruit, vegetable, dairy, meat, and grain products for human food consumption and animal feed including, but not limited to, the following:
  •     (i) The generation of noise, odors, waste water, dust, fumes, and other associated conditions. See Michigan Laws 289.822
  • Processing operation: means the operation and management of a business engaged in processing. See Michigan Laws 289.822
  • program: means a program as described in section 5(2). See Michigan Laws 460.933
  • program: means a program as described in section 5(2). See Michigan Laws 460.963
  • Project: means an environmental hazard project or energy project. See Michigan Laws 460.933
  • Propane: means a hydrocarbon whose chemical composition is predominantly C3H8, and includes liquefied petroleum gases, renewable propane, and any mixture of both liquefied petroleum gases and renewable propane. See Michigan Laws 460.622
  • Property: means any of the following privately owned real property located within the local unit of government:
  •     (i) Commercial property. See Michigan Laws 460.933
  • Property: means privately owned residential real property located within the municipality. See Michigan Laws 460.963
  • Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1
  • Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public right-of-way: means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. See Michigan Laws 460.723
  • Public utility: means a steam, heat, electric, power, gas, water, wastewater, telecommunications, telegraph, communications, pipeline, or gas producing company regulated by the commission, whether private, corporate, or cooperative, except a municipally owned utility. See Michigan Laws 460.111
  • public utility: when used in this act, means persons and corporations, other than municipal corporations, or their lessees, trustees and receivers now or hereafter owning or operating in this state equipment or facilities for producing, generating, transmitting, delivering or furnishing gas or electricity for the production of light, heat or power to or for the public for compensation. See Michigan Laws 460.501
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: means that term as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462. See Michigan Laws 460.723
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recognized electric planning authority: means a person recognized by the Federal Energy Regulatory Commission or the North American Electric Reliability Corporation as authorized under federal law to approve a high-voltage transmission line for construction by an incumbent electric transmission company, including, but not limited to, a regional transmission organization. See Michigan Laws 460.592
  • Record owner: means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds. See Michigan Laws 460.933
  • Regional transmission organization: means a person that meets all of the following:
  •     (i) Possesses characteristics required under 18 C. See Michigan Laws 460.592
  • Regionally cost-shared transmission line: means a high-voltage transmission line that is eligible for regional cost sharing and is not subject to a right of first refusal in accordance with the tariff of a recognized electric planning authority. See Michigan Laws 460.592
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Renewable energy resource: means a resource that naturally replenishes over a human, rather than a geological, time frame and whose conversion to a usable form of energy minimizes the output of toxic materials. See Michigan Laws 460.933
  • Renewable energy resource: means a resource that naturally replenishes over a human, not a geological, time frame and that is ultimately derived from solar power, water power, or wind power. See Michigan Laws 460.963
  • Renewable energy system: means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use 1 or more renewable energy resources to generate electricity. See Michigan Laws 460.933
  • Renewable energy system: means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use 1 or more renewable energy resources. See Michigan Laws 460.963
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Research: means any type of study, investigation, or other activity designed to advance the image, desirability, usage, marketability, efficiency, and safety of propane and propane use equipment and to further the development of information and products related to propane and propane use equipment. See Michigan Laws 460.622
  • Retail propane marketer: means a person engaged in the business of selling odorized propane to consumers in containers larger than 240 pounds water capacity or selling odorized propane to retail propane dispensers. See Michigan Laws 460.622
  • Route: means real property on or across which a transmission line is constructed or proposed to be constructed. See Michigan Laws 460.562
  • Safe zone: means an area 48 inches or more from either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
  • seal: shall be construed to include any of the following:
  •     (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Soft excavation: means a method and technique designed to prevent contact damage to underground facilities, including, but not limited to, hand-digging, cautious digging with nonmechanical tools, vacuum excavation methods, or use of pneumatic hand tools. See Michigan Laws 460.723
  • Start date: means the date that a proposed excavation or blasting is expected to begin as indicated on a ticket. See Michigan Laws 460.723
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means a communication from the notification system to a facility owner or facility operator requesting the marking of underground facilities, based on information provided by an excavator in a dig notice. See Michigan Laws 460.723
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transmission line: means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.562
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • True bill: Another word for indictment.
  • Trustee: A person or institution holding and administering property in trust.
  • underground facility: means an underground or submerged conductor, pipe, or structure, including, but not limited to, a conduit, duct, line, pipe, wire, or other device and its appurtenances used to produce, store, transmit, or distribute a utility service, including communications, data, cable television, electricity, heat, natural or manufactured gas, oil, petroleum products, steam, sewage, video, water, and other similar substances, including environmental contaminates or hazardous waste. See Michigan Laws 460.723
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Verdict: The decision of a petit jury or a judge.
  • White lining: means marking by an excavator of the area of a proposed excavation or blasting, with white paint or flags, or both, before giving notice to the notification system. See Michigan Laws 460.723
  • Wholesale propane distributor: means a person that sells odorized propane to a retail propane marketer. See Michigan Laws 460.622
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.