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NORTH CAROLINA STATUTES AND CODES

§ 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 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.)

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