State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-813

§15A‑813.  Witness from another state summoned to testify in this State.

If a person in any state whichby its laws has made provision for commanding persons within its borders toattend and testify in criminal prosecutions, or grand jury investigations commencedor about to commence in this State, is a material witness in a prosecutionpending in a court of record in this State, or in a grand jury investigationwhich has commenced or is about to commence, a judge of such court may issue acertificate under the seal of the court, stating these facts and specifying thenumber of days the witness will be required. Said certificate may include arecommendation that the witness be taken into immediate custody and deliveredto an officer of this State to assure his attendance in this State. Thiscertificate shall be presented to a judge of a court of record in the county inwhich the witness is found.

If the witness is summoned toattend and testify in this State he shall be compensated at the rate allowed toState officers and employees by subdivisions (1) and (2) of G.S. 138‑6(a)for each mile by the ordinary traveled route to and from the court where theprosecution is pending, and five dollars ($5.00) for each day that he isrequired to travel and attend as a witness. A witness who has appeared inaccordance with the provisions of the summons shall not be required to remainwithin this State a longer period of time than the period mentioned in thecertificate unless otherwise ordered by the court. If such a witness isrequired to appear more than one day, he is also entitled to reimbursement foractual expenses incurred for lodging and meals, not to exceed the maximumcurrently authorized for State employees when traveling in the State. If suchwitness, after coming into this State, fails without good cause to attend andtestify as directed in the summons, he shall be punished in the manner providedfor the punishment of any witness who disobeys a summons issued from a court ofrecord in this State. (1937, c. 217, s. 3; 1973, c. 1286, s. 9; 1998‑212,s. 16.25(b).)