State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-823

§15A‑823.  Securing attendance of prisoner in federal institution aswitness in proceeding in the State.

(a)        When

(1)        A criminalproceeding is pending in a court of this State; and

(2)        There is reasonablecause to believe that a person confined in a federal prison or other federalcustody, either within or outside this State, possesses information material tosuch criminal proceeding; and

(3)        His attendance as awitness in such action or proceeding is desired by a party thereto, the courtmay issue a certificate, known as a writ of habeas corpus ad testificandum,addressed to the Attorney General of the United States certifying all suchfacts and requesting the Attorney General of the United States to cause theattendance of such person as a witness in such court for a specified number ofdays under custody of a federal public servant.

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

(c)        Upon issuing thecertificate, the court may cause it to be delivered to the Attorney General ofthe United States or to his representative authorized to entertain the request.(1973, c. 1286, s. 1.)