The man trying to prosecute John Banks over his 2010 mayoral donation returns, is also trying to have him arrested.
Wellington man Graham McCready's taking the case which is due to be heard at the District Court in Wellington tomorrow.
Legal documents show Mr Banks is seeking to be excused from attending and instead be represented by his lawyer.
Mr McCready's opposing the move, saying Mr Banks' reasons for not attending aren't good enough.
Papers show he's asked a warrant for arrest be issued if Mr Banks is a no show.
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