State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-626

§15A‑626.  Who may call witnesses before grand jury; no right to appearwithout consent of prosecutor or judge.

(a)        Except as providedin this section, no person has a right to call a witness or appear as a witnessin a grand jury proceeding.

(b)        In proceedings uponbills of indictment submitted by the prosecutor to the grand jury, the clerkmust call as witnesses the persons whose names are listed on the bills by theprosecutor. If the grand jury desires to hear any witness not named on the billunder consideration, it must through its foreman request the prosecutor to callthe witness. The prosecutor in his discretion may call, or refuse to call, thewitness.

(c)        In considering anymatter before it a grand jury may swear and hear the testimony of a member ofthe grand jury.

(d)        Any person notcalled as a witness who desires to testify before the grand jury concerning acriminal matter which may properly be considered by the grand jury must applyto the district attorney or to a superior court judge. The judge or thedistrict attorney in his discretion may call the witness to appear before thegrand jury.

(e)        An official who isrequired or authorized to call a witness before the grand jury does so byissuing a subpoena for the witness or by causing one to be issued. If theofficial is assured that the witness will appear when requested withoutissuance of a subpoena, he may call the witness simply by notifying him of thetime and place his presence is requested before the grand jury. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)