(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.)
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Last modified: March 23, 2014