Michigan Laws 400.291 – Investigation; order of appearance or production; service; contempt; oath or affirmation
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Terms Used In Michigan Laws 400.291
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- 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.
- 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
- Person: means an individual, organization, group, association, partnership, corporation, limited liability company, trust, any other legal entity, or any combination of legal entities. See Michigan Laws 400.272
- Service of process: The service of writs or summonses to the appropriate party.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The attorney general may investigate a complaint from any person in whatever manner the attorney general considers appropriate and may investigate on his or her own initiative any person that is subject to this act. The attorney general may require a person or an officer, member, employee, or agent of a person to appear at a time and place specified by the attorney general to give information under oath and to produce books, memoranda, papers, records, documents, or other relevant evidence in the possession of the person ordered to appear.
(2) When requiring the attendance of a person or the production of documents under subsection (1), the attorney general shall issue an order setting forth the time when and the place where attendance or production is required and shall serve the order upon the person in the manner provided for service of process in civil cases at least 5 days before the date fixed for attendance or production. The order shall have the same force and effect as a subpoena and, upon application of the attorney general, the order may be enforced by a court having jurisdiction over the person or the circuit court for the county of Ingham or for the county where the person receiving the order resides or is found, in the same manner as though the notice were a subpoena. If a person fails or refuses to obey the order issued by the attorney general, the court may issue an order requiring the person to appear before the court, to produce documentary evidence, or to give testimony concerning the matter in question. Failure to obey the order of the court is punishable by that court as contempt. The investigation may be conducted by an assistant attorney general or other person designated by the attorney general. The attorney general or other designated person may administer the necessary oath or affirmation to witnesses.