State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-812

§15A‑812.  Summoning witness in this State to testify in another state.

If a judge of a court ofrecord in any state which by its laws has made provision for commanding personswithin that state to attend and testify in this State certifies, under the sealof such court, that there is a criminal prosecution pending in such court, orthat a grand jury investigation has commenced or is about to commence, that aperson being within this State is a material witness in such prosecution, orgrand jury investigation, and that his presence will be required for aspecified number of days, upon presentation of such  certificate to any judgeof a court of record in the county in which such person is, such judge shallfix a time and place for a hearing, and shall make an order directing thewitness to appear at a time and place certain for the hearing.

If at a hearing the judgedetermines that the witness is material and necessary, that it will not causeundue hardship to the witness to be compelled to attend and testify in theprosecution or a grand jury investigation in the other state, and that the lawsof the state in which the prosecution is pending, or grand jury investigationhas commenced or is about to commence, and of any other state through which thewitness may be required to pass by ordinary course of travel, will give to himprotection from arrest and the service of civil and criminal process, he shallissue a summons, with a copy of the certificate attached, directing the witnessto attend and testify in the court where the prosecution is pending, or where agrand jury investigation has commenced or is about to commence, at a time andplace specified in the summons. In any such hearing the certificate shall beprima facie evidence of all the facts stated therein.

If said certificate recommendsthat the witness be taken into immediate custody and delivered to an officer ofthe requesting state  to assure his attendance in the requesting state, suchjudge may, in lieu of notification of the hearing, direct that such witness beforthwith brought before him for said hearing; and the judge at the hearing,being satisfied of the desirability of such custody and delivery, for whichdetermination the certificate shall be prima facie proof of such desirabilitymay, in lieu of issuing subpoena or summons, order that said witness beforthwith taken into custody and delivered to an officer of the requestingstate.

If the witness, who issummoned as above provided, after being paid or tendered by some properlyauthorized person the sum of ten cents (10¢) a mile for each mile by theordinary traveled route to and from the court where the prosecution is pendingand five dollars ($5.00) for each day that he is required to travel and attendas a witness, fails without good cause to attend and testify as directed in thesummons, he shall be punished in the manner provided for the punishment of anywitness who disobeys a summons issued from a court of record in this State. (1937,c. 217, s. 2; 1973, c. 1286, s. 9.)