Michigan § 330.2040 - Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.

Full text of Michigan Michigan Compiled Laws § 330.2040 — Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders., with citation guidance and answers to common questions.

§ 330.2040. Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.

Sec. 1040.(1)

The court shall forthwith hear and redetermine the issue of the incompetence of the defendant to stand trial and, if the defendant is redetermined incompetent to stand trial, shall hear and determine whether the defendant has made progress toward attaining competence to stand trial during his course of treatment, whenever the court receives a report from the supervisor of treatment, unless the defense waives the hearing, or whenever deemed appropriate by the court.

(2)

Section 1030 shall govern hearings held pursuant to this section.

(3)

If the defendant is not redetermined incompetent to stand trial at a hearing held pursuant to this section, trial shall commence as soon as practicable. If the defendant is redetermined incompetent to stand trial, and if the court determines that the defendant has made progress toward attaining competence to stand trial, the court may modify or continue any orders it previously issued under section 1032.

Source: official Michigan text · Last verified 2026-08-27

Frequently Asked Questions About Michigan § 330.2040

What does Michigan Compiled Laws § 330.2040 cover?

Section 330.2040 ("Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Michigan § 330.2040?

A common citation format is "Michigan Compiled Laws § 330.2040" (Michigan). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Michigan law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.

How does Michigan § 330.2040 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Michigan.