§ 17-42. Contents of application. - North Carolina Statutes

§17‑42.  Contents of application.

The application for the writshall be made by the party to the suit or proceeding in which the writ isrequired, or by his agent or attorney. It must be verified by the applicant;and shall state–

(1)        The title and natureof the suit or proceeding in regard to which the testimony of such prisoner isdesired.

(2)        That the testimonyof such prisoner is material and necessary to such party on the trial orhearing of such suit or proceeding, as he is advised by counsel and verilybelieves.  (1868‑9, c. 116, s. 39; Code, s. 1665; Rev., s.1857; C.S., s. 2244.)