7.12Discovery Before or at Preliminary Examination
Discovery in felony cases is governed by MCR 6.200 et seq. See MCR 6.001(A).
“The district court may order discovery in carrying out its duty to conduct preliminary examinations.” People v Laws, 218 Mich App 447, 451 (1996). “Discovery may be ordered before the preliminary examination.” Id. (citation omitted). An in camera review may be used to determine whether the requested evidence is discoverable. See id. at 452 (citation omitted). “Discovery should be granted where the information sought is necessary to a fair trial and a proper preparation of a defense[,]” and “[e]ven inadmissible evidence is discoverable if it will aid the defendant in trial preparation.” Id. (citations omitted). “A defendant has a due process right to obtain evidence in the possession of the prosecutor if it is favorable to the accused and material to guilt or innocence.” Id. (citation omitted). See also MCR 6.201(B)(1).
“[A] district court, before the preliminary examination of an individual charged with a felony, possesses the authority to compel discovery of [certain] witnesses’ statements given to the prosecution pursuant to an investigative subpoena.” People v Pruitt, 229 Mich App 82, 83-84 (1998). Specifically, “in felony cases, a district court has the authority to order the production of statements made by a defendant, codefendant, or accomplice in response to an investigative subpoena, along with any exculpatory information obtained from any witness in response to an investigative subpoena; [however,] it does not have the authority in felony prosecutions to order the production of nonexculpatory statements made by other subpoenaed individuals.” Id. at 84.