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Current as of January 01, 2023 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 15A. Criminal Procedure Act § 15A-822. Securing attendance of prisoner outside the State as witness in proceeding in the State - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-15a-criminal-procedure-act/nc-gen-st-sect-15a-822/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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