2005 North Carolina Code - General Statutes § 15A-822. Securing attendance of prisoner outside the State as witness in proceeding in the State.

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

(a)       When

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

(2)       There is reasonable cause to believe that a person confined in a correctional institution or prison of another state, other than a person confined as mentally ill, possesses information material to such criminal action or proceeding, and

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

(4)       The state in which such 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 the seal  of the court, certifying all such facts and certifying that the attendance of the person as a witness in such court is required for a specified number of days.

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

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