§ 768.1 Speedy trial; right of parties; duty of public officers
§ 768.2 Criminal cases; precedence; adjournment; continuance
§ 768.3 Person indicted; presence at trial
§ 768.4 Proof of felony at trial for misdemeanor; effect
§ 768.5 Defendants jointly indicted; separation of trials
§ 768.6 Commission of offense in certain state institutions; penalty
§ 768.7 Jurisdiction over cases arising under MCL 768.6; proceedings; examination; warrant; custody of person confined; applicability of section and MCL 768.6
§ 768.7a Commission of crime during incarceration in or escape from penal or reformatory institution; felony committed while on parole; term of imprisonment; supplementary powers conferred upon court
§ 768.7b Commission of subsequent felony by person charged with felony; consecutive sentences; report
§ 768.8 Issues of fact to be tried by jury; waiver of trial by jury
§ 768.9 Challenge to juror for cause; membership on grand jury
§ 768.10 Challenge to juror for cause; effect of opinion or impression not positive in character; declaration by juror
§ 768.12 Peremptory challenge; offense not punishable by death or life imprisonment; number
§ 768.13 Peremptory challenge; offense punishable by death or life imprisonment; number
§ 768.14 Jurors; form of oath
§ 768.15 Jurors; affirmation in lieu of oath
§ 768.16 Jurors; liberty; oath and duty of officer in charge
§ 768.17 Jurors; medical attendance; use of newspapers and letters
§ 768.18 Jury; impaneling; number of members; qualifications; excusing jurors; reducing jury to 12 members
§ 768.19 Perjury; acts of officer under oath
§ 768.20 Alibi as defense in felony case; notice of intention to claim defense; notice of rebuttal; disclosure and calling of additional witnesses
§ 768.20a Insanity as defense in felony case; notice of intention to assert defense; examination; independent psychiatric evaluation; cooperation required; admissibility of statements; report; notice of re
§ 768.21 Failure to file and serve notices or to state names of witnesses with particularity; exclusion of evidence
§ 768.21a Persons deemed legally insane; burden of proof
§ 768.21b Breaking prison; defense of duress; notices; additional witnesses; consideration of conditions
§ 768.21c Use of deadly force by individual in own dwelling; “dwelling” defined
§ 768.22 Rules of evidence; applicability of criminal and quasi criminal proceedings; evidence of prior conviction
§ 768.23 Exception; necessity of taking
§ 768.24 Evidence; leading question
§ 768.25 Evidence; proof of signature
§ 768.26 Evidence; use of former testimony; deposition for defendant
§ 768.27 Evidence; proof of intent or motive by similar acts
§ 768.27a Evidence that defendant committed another listed offense against minor; admissibility; disclosure of evidence to defendant; definitions
§ 768.27b Domestic violence or sexual assault offense; commission of other domestic violence acts; admissibility; disclosure; definitions; applicability of section
§ 768.27c Statement by declarant; admissibility; circumstances relevant to trustworthiness; disclosure; privilege; definitions; applicability of section
§ 768.28 Evidence; view by jury
§ 768.28a Evidence obtained pursuant to federal court order authorizing or approving interception of wire or oral communications; admissibility
§ 768.29 Judge’s duty at trial; effect of failure to instruct
§ 768.29a Defense of insanity in criminal action tried before jury; instructions
§ 768.30 Exception to charge or refusal to charge; necessity
§ 768.31 Joint defendants; discharge for insufficient evidence
§ 768.32 Indictment for offense consisting of different degrees or for offense specified in MCL 333.7401 and 333.7403; finding of jury or judge; instructions
§ 768.33 Offense consisting of different degrees; subsequent trial prohibited
§ 768.34 Discharged or acquitted prisoner; liability for costs or fees
§ 768.35 Plea of guilty; investigation by judge; sentence; refusal to accept
§ 768.36 Defense of insanity in compliance with MCL 768.20a; finding of “guilty but mentally ill”; waiver of right to trial; plea of guilty but mentally ill; examination of reports; hearing; sentence; eva
§ 768.37 Under influence of or impairment by alcoholic liquor or drug as defense prohibited; exception; definitions
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Terms Used In Michigan Laws > Chapters 760-777 > Act 175 of 1927 > Chapter VIII - Trials

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Affected local unit: means a unit of local government in which all or part of a proposed energy facility will be located. See Michigan Laws 460.1221
  • 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 that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1303
  • Aircraft detection lighting system: means a sensor-based system designed to detect aircraft as they approach a wind energy facility and that automatically activates obstruction lights until they are no longer needed. See Michigan Laws 460.1221
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Michigan Laws 460.1303
  • 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.
  • Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125. See Michigan Laws 460.1303
  • Applicable regional transmission organization: means a nonprofit, member-based organization governed by an independent board of directors that serves as the regional transmission organization approved by the Federal Energy Regulatory Commission with oversight responsibility for the region that includes the provider's service territory. See Michigan Laws 460.1003
  • Applicant: means a wireless provider that submits an application described in this act. See Michigan Laws 460.1303
  • Applicant: means an applicant for a certificate. See Michigan Laws 460.1221
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attaching entity: means a public or private party or entity, other than the municipally owned electric utility, that, pursuant to an agreement with the municipally owned electric utility, places a wire or cable attachment on a nonauthority pole or related infrastructure within the communication space. See Michigan Laws 460.1303
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority pole: means a utility pole owned or operated by an authority and located in the ROW. See Michigan Laws 460.1303
  • 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.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certificate: means a certificate issued for an energy facility under section 226(5). See Michigan Laws 460.1221
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Clean energy: means electricity or steam generated using a clean energy system. See Michigan Laws 460.1003
  • Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
  • Colocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. See Michigan Laws 460.1305
  • Commission: means the potato industry commission. See Michigan Laws 290.421
  • Commission: means the Michigan public service commission. See Michigan Laws 460.1003
  • common carrier: as used in this act shall be construed to mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever who now or may hereafter own, operate, manage or control as a common carrier in this state, any railroad or part of any railroad, whether operated by steam, electricity or other motive power, or cars or any other equipment used thereon, or bridges, switches, spurs, tracks, sidetracks, terminal facilities, or any docks, wharves or storage elevators used in connection therewith or any kind of terminal facilities used or necessary in the transportation of persons or property designated herein, and also all freight depots, yards and grounds used or necessary for the transportation or delivery of any said property and whether the same are owned by said railroad or otherwise; or any express company, car loaning companies, freight or freight line companies and all associations or persons, whether incorporated or otherwise, that shall do business as common carriers upon or over any line of railroads in this state, or any common carrier engaged in the transportation of passengers and property wholly by rail or partly by rail and partly by water. See Michigan Laws 462.3
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communication space: means that term as defined in the "National Electric Safety Code" published by the Institute of Electrical and Electronics Engineers. See Michigan Laws 460.1305
  • Communications facility: means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service. See Michigan Laws 460.1305
  • Communications service: means service provided over a communications facility, including cable service as defined in 47 USC 522, information service as defined in 47 USC 153, telecommunications service as defined in 47 USC 153, or wireless service. See Michigan Laws 460.1305
  • Community-based organization: means a workforce development and training organization, labor union, local governmental entity, Michigan federally recognized tribe, environmental advocacy organization, or an organization that represents the interests of underserved communities. See Michigan Laws 460.1221
  • Compatible renewable energy ordinance: means an ordinance that provides for the development of energy facilities within the local unit of government, the requirements of which are no more restrictive than the provisions included in section 226(8). See Michigan Laws 460.1221
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means any substantial action taken constituting the placement, erection, expansion, or repowering of an energy facility. See Michigan Laws 460.1221
  • 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.
  • 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.
  • County road commission: means that term as defined in section 19b of 1909 PA 283, MCL 224. See Michigan Laws 460.1305
  • 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 agriculture and rural development. See Michigan Laws 290.421
  • Dependent: A person dependent for support upon another.
  • 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.
  • Director: means the director of the department. See Michigan Laws 290.421
  • Director: means the director of the department of agriculture and his or her authorized agents and representatives. See Michigan Laws 290.451
  • Electric provider: means any of the following:
    (i) Any person or entity that is regulated by the commission for the purpose of selling electricity to retail customers in this state. See Michigan Laws 460.1005
  • Energy facility: means an energy storage facility, solar energy facility, or wind energy facility. See Michigan Laws 460.1221
  • Energy project: means the installation or modification of an energy waste reduction improvement or the acquisition, installation, or improvement of a renewable energy system. See Michigan Laws 460.1201
  • Energy storage facility: means a system that absorbs, stores, and discharges electricity. See Michigan Laws 460.1221
  • Energy waste reduction 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 460.1201
  • 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.
  • FCC: means the Federal Communications Commission. See Michigan Laws 460.1305
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee: means a nonrecurring charge for services. See Michigan Laws 460.1305
  • 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 commercial bank whose deposits are insured by the federal deposit insurance corporation or a national bank for cooperatives subject to the farm credit act of 1971, Public Law 92-181, 85 Stat. See Michigan Laws 290.451
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grower: means any business unit, including a family operation, sole proprietorship, partnership, corporation, company, association, trust, or other business organization engaged in the business of growing potatoes for market. See Michigan Laws 290.421
  • Grower: means a person engaged in the business of growing and producing potatoes. See Michigan Laws 290.451
  • Grower cooperative: means an organization of growers or a division of an organization of growers, or a federation of cooperatives of growers engaged in the marketing, bargaining, shipping, or processing functions of potatoes on behalf of its members or nonmembers who are the producers of potatoes. See Michigan Laws 290.451
  • Historic district: means a historic district established under section 3 of the local historic districts act, 1970 PA 169, MCL 399. See Michigan Laws 460.1305
  • Home energy audit: means an evaluation of the energy performance of a residential structure that meets all of the following requirements:
    •     (i) Is performed by a qualified person using building-performance diagnostic equipment. See Michigan Laws 460.1201
  • Hundredweight: means a 100-pound unit or a combination of packages making a 100-pound unit, or the equivalent in metric units, of any shipment of potatoes. See Michigan Laws 290.421
  • 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
  • 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 460.1305
  • 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
  • IPP: means a person that is not an electric provider but owns or operates facilities to generate electric power for sale to electric providers, this state, or local units of government. See Michigan Laws 460.1221
  • 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.
  • Law: means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. See Michigan Laws 460.1307
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Light intensity dimming solution technology: means obstruction lighting that provides a means of tailoring the intensity level of lights according to surrounding visibility. See Michigan Laws 460.1221
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local unit: means a county, township, city, or village. See Michigan Laws 460.1221
  • 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
  • Make-ready work: means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines. See Michigan Laws 460.1307
  • Maximum blade tip height: means the nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. See Michigan Laws 460.1221
  • Micro wireless facility: means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. See Michigan Laws 460.1307
  • 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
  • MPSC: means the Michigan Public Service Commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.1307
  • Municipally owned electric utility: means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after the effective date of this act, acquired all or substantially all of the assets of a municipal electric utility, when applying this act to the former territory of the municipal electric utility. See Michigan Laws 460.1307
  • Nameplate capacity: means the designed full-load sustained generating output of an energy facility. See Michigan Laws 460.1221
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • 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.
  • Nonauthority pole: means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility. See Michigan Laws 460.1307
  • Nonparticipating property: means a property that is adjacent to an energy facility and that is not a participating property. See Michigan Laws 460.1221
  • 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.
  • Occupied community building: means a school, place of worship, day-care facility, public library, community center, or other similar building that the applicant knows or reasonably should know is used on a regular basis as a gathering place for community members. See Michigan Laws 460.1221
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participating property: means real property that either is owned by an applicant or that is the subject of an agreement that provides for the payment by an applicant to a landowner of monetary compensation related to an energy facility regardless of whether any part of that energy facility is constructed on the property. See Michigan Laws 460.1221
  • 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, partnership, corporation, association, cooperative, or any other business unit. See Michigan Laws 290.421
  • Person: means a corporation, company, association, cooperative organization, partnership, individual, or other legal entity. See Michigan Laws 290.451
  • Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Michigan Laws 460.1307
  • Person: means an individual, governmental entity authorized by this state, political subdivision of this state, business, proprietorship, firm, partnership, limited partnership, limited liability partnership, co-partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, subchapter S corporation, limited liability company, committee, receiver, estate, trust, or any other legal entity or combination or group of persons acting jointly as a unit. See Michigan Laws 460.1221
  • 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.
  • plan: means a plan approved under section 22 or former section 21 or 23 or found to comply with this act under former section 25, with any amendments adopted under this act. See Michigan Laws 460.1011
  • 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.
  • Potatoes: means any variety of Irish potatoes in fresh form included in the species solanum tuberosum. See Michigan Laws 290.451
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processor: means a person engaged in canning, freezing, dehydrating, chipping, fermenting, distilling, extracting, preserving, or changing the form of potatoes for the purpose of consumption or for any other commercial use. See Michigan Laws 290.421
  • program: means a program as described in section 203(2). See Michigan Laws 460.1201
  • Project labor agreement: means a prehire collective bargaining agreement with 1 or more labor organizations that establishes the terms and conditions of employment for a specific construction project and does all of the following:
    •     (i) Binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents. See Michigan Laws 460.1221
  • Property: means privately owned residential real property. See Michigan Laws 460.1201
  • 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
  • Provider: means an electric provider or a natural gas provider. See Michigan Laws 460.1009
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • railroad: as used in this act shall be construed to mean all railroads, whether operated by steam, electric or other motive power: Provided, That the provision of this act shall not apply to any logging or other private railroad not doing business as a common carrier: Provided further, Nothing in this act contained shall be construed to authorize the commission to interfere with, lessen or impair or to authorize the impairment of any franchise provision, contract or agreement as to rate of fare now existing between any municipality, city, village, or township and any tram railway, street railway, interurban or suburban railway company, or to increase or lessen the rate of fare fixed by such franchise, contract or agreement, or to deprive any tram railway, street railway, interurban or suburban railway company of the right to charge for the carriage of passengers the rate of fare authorized and fixed by any franchise, grant or contract made or entered into between any municipality, city, village or township and any such tram railway, street railway, interurban or suburban railway company; Provided further, That nothing in this act contained shall apply to street and electric railroads engaged solely in the transportation of passengers within the limits of cities or within a distance of 5 miles of the boundaries thereof. See Michigan Laws 462.3
  • Rate: means a recurring charge. See Michigan Laws 460.1307
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recidivism: means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 761.1
  • 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 460.1201
  • 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.
  • Renewable energy: means electricity or steam generated using a renewable energy system. See Michigan Laws 460.1011
  • Resource adequacy: describes having sufficient resources to provide customers with a continuous supply of electricity at the proper voltage and frequency, virtually always and across a range of reasonably foreseeable conditions. See Michigan Laws 460.1011
  • ROW: means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. See Michigan Laws 460.1307
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Shipper: means a person engaged in the shipment of potatoes, whether as owner, agent, or otherwise; or engaged in the processing of potatoes for human or animal consumption in any form or for any other commercial use. See Michigan Laws 290.421
  • Site: means , except as used in part 8, a contiguous site, regardless of the number of meters at that site. See Michigan Laws 460.1013
  • Small cell wireless facility: means a wireless facility that meets both of the following requirements:
    •     (i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. See Michigan Laws 460.1307
  • Solar energy facility: means a system that captures and converts solar energy into electricity, for the purpose of sale or for use in locations other than solely the solar energy facility property. See Michigan Laws 460.1221
  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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 460.1013
  • transportation: shall include cars and other vehicles and all instrumentalities and facilities of shipment, or carriage, irrespective of ownership, or of any contract expressed or implied for the use thereof, and all services in connection with the receipt, delivery, elevation, switching and transfer in transit, ventilation, refrigeration or icing, storage and handling of persons or property transported. See Michigan Laws 462.3
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Utility pole: means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) and is designed to support small cell wireless facilities. See Michigan Laws 460.1309
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Wholesale potato dealer: means a person who buys potatoes in wholesale lots directly from a grower or grower cooperative or who sells or handles those potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, institutions, or hospitals. See Michigan Laws 290.451
  • Wind energy facility: means a system that captures and converts wind into electricity, for the purpose of sale or for use in locations other than solely the wind energy facility property. See Michigan Laws 460.1221
  • Wireless facility: means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Michigan Laws 460.1309
  • Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under this act, provides written authorization to perform the work on behalf of a wireless services provider. See Michigan Laws 460.1309
  • Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Michigan Laws 460.1309
  • Wireless services: means any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile. See Michigan Laws 460.1309
  • Wireless services provider: means a person that provides wireless services. See Michigan Laws 460.1309
  • Wireless support structure: means a freestanding structure designed to support or capable of supporting small cell wireless facilities. See Michigan Laws 460.1309
  • Wireline backhaul facility: means a facility used to transport services by wire or fiber-optic cable from a wireless facility to a network. See Michigan Laws 460.1309