State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1052

§15A‑1052.  Grant of immunity in court proceedings.

(a)        When the testimonyor other information is to be presented to a court of the trial division of theGeneral Court of Justice, the order to the witness to testify or produce otherinformation must be issued by a superior court judge, upon application of thedistrict attorney:

(1)        Be in writing andfiled with the permanent records of the case; or

(2)        If orally made inopen court, recorded and transcribed and made a part of the permanent recordsof the case.

(b)        The application maybe made whenever, in the judgment of the district attorney, the witness hasasserted or is likely to assert his privilege against self‑incriminationand his testimony or other information is or will be necessary to the public interest.Before making application to the judge, the district attorney must inform theAttorney General, or a deputy or assistant attorney general designated by him,of the circumstances and his intent to make an application.

(c)        In a jury trial thejudge must inform the jury of the grant of  immunity and the order to testifyprior to the testimony of the witness under the grant of immunity. During thecharge to the jury, the judge must instruct the jury as in the case ofinterested witnesses. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)