State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-805

§15A‑805.  Securing attendance of witnesses confined in institutionswithin the State.

(a)        Upon motion of theState or any defendant, the judge of a court in which a criminal proceeding ispending must, for good cause shown, enter an order requiring that any personconfined in an institution in this State be produced and compelled to attend asa witness in the action or proceeding.

(b)        If the witness isconfined pursuant to another pending criminal proceeding, and the judgedetermines that the production of the witness would result in an unreasonableinterference with the conduct of the prior proceeding, he may deny the order.If an order for production is issued, a judge or justice of the appellatedivision of  the General Court of Justice may, upon application of a defendantor prosecutor in the other district for good cause shown, vacate the order forproduction.

(c)        The costs ofproduction of the witness are assessed as are other witness fees. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-805

§15A‑805.  Securing attendance of witnesses confined in institutionswithin the State.

(a)        Upon motion of theState or any defendant, the judge of a court in which a criminal proceeding ispending must, for good cause shown, enter an order requiring that any personconfined in an institution in this State be produced and compelled to attend asa witness in the action or proceeding.

(b)        If the witness isconfined pursuant to another pending criminal proceeding, and the judgedetermines that the production of the witness would result in an unreasonableinterference with the conduct of the prior proceeding, he may deny the order.If an order for production is issued, a judge or justice of the appellatedivision of  the General Court of Justice may, upon application of a defendantor prosecutor in the other district for good cause shown, vacate the order forproduction.

(c)        The costs ofproduction of the witness are assessed as are other witness fees. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-805

§15A‑805.  Securing attendance of witnesses confined in institutionswithin the State.

(a)        Upon motion of theState or any defendant, the judge of a court in which a criminal proceeding ispending must, for good cause shown, enter an order requiring that any personconfined in an institution in this State be produced and compelled to attend asa witness in the action or proceeding.

(b)        If the witness isconfined pursuant to another pending criminal proceeding, and the judgedetermines that the production of the witness would result in an unreasonableinterference with the conduct of the prior proceeding, he may deny the order.If an order for production is issued, a judge or justice of the appellatedivision of  the General Court of Justice may, upon application of a defendantor prosecutor in the other district for good cause shown, vacate the order forproduction.

(c)        The costs ofproduction of the witness are assessed as are other witness fees. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)