State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-822

§15A‑822.  Securing attendance of prisoner outside the State as witness inproceeding in the State.

(a)        When

(1)        A criminal action orproceeding is pending in a court of this State, and

(2)        There is reasonablecause to believe that a person confined in a correctional institution or prisonof another state, other than a person confined as mentally ill, possessesinformation material to such criminal action or proceeding, and

(3)        The attendance ofthe person as a witness in such proceeding  is desired by a party thereto, and

(4)        The state in whichsuch person is confined possesses a statute equivalent to G.S. 15A‑821,the court in which such proceeding is pending may issue a certificate under theseal  of the court, certifying all such facts and certifying that theattendance of the person as a witness in such court is required for a specifiednumber of days.

(b)        The certificate maybe issued upon application of either the  State or a defendant setting forththe facts specified in subsection (a).

(c)        Upon issuing such acertificate, the court may cause it to be delivered to a court of such otherstate which is authorized to initiate or undertake action for the delivery ofsuch prisoners to this State as witnesses. (1973, c. 1286, s. 1.)