RULE 707. ANALYTICAL REPORT ADMISSION; CONFRONTATION
(a) Notification to Defendant. If the prosecution intends to introduce an analytical report issued under N.D.C.C. chapters chs. 19-03.1, 19-03.2, 19-03.4, 20.1-13.1, 20.1-15, 39-06.2, or 39-20 in a criminal trial, it must notify the defendant or the defendant’s attorney in writing of its intent to introduce the report at least 30 days before the trial. The prosecution must also serve a copy of the report on the defendant or the defendant’s attorney.
(b) Objection. At least 10 days before the trial, the defendant may object in writing to the introduction of the report. If objection is made, the prosecutor must produce the person who prepared the report to testify at the trial. If the witness is not available to testify, the court must grant a continuance.
(c) Waiver. If the defendant does not timely object to the introduction of the report, the defendant’s right to confront the person who prepared the report is waived and the report, if otherwise admissible, must be accepted as prima facie evidence of the results contained in the report.
Rule 707 was adopted effective February 1, 2010. Rule 707 was amended, effective ______________.
Rule 707 requires the prosecution to notify a defendant if it intends to introduce an analytical report in a criminal trial. If the defendant objects to the admission of the report, the prosecution must produce the report’s author to testify.
Some examples of analytical reports include: a certified copy of an analytical report of a blood, urine, or saliva sample from the director of the state crime laboratory or the director’s designee; a certified copy of the checklist and test records from a certified breath test operator; or a certified copy of an analytical report signed by the director of the state crime laboratory or the director’s designee of the results of the analytical findings involving the analysis of a controlled substance or sample.
Under North Dakota law, if the person who prepared the report does not testify at trial, a certified copy of an analytical report must be accepted as prima facie evidence of the results of a chemical analysis. See N.D.C.C. §§ 19-03.1-37(4), 20.1-13.1-10(6), 20.1-15-11(8), 39-20-07(8), and 39-24.1-08(6).Sources: Joint Procedure Committee Minutes of _______________; Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009) Statutes Affected:
Superseded: N.D.C.C. §§ 19-03.1-37(5), 20.1-13.1-10(7), 20.1-15-11(9), 39-20-07(9), and 39-24.1-08(7).Cross Reference: