(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.)
Last modified: March 23, 2014