TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 16, 2010
RE: Rule 707, N.D.R.Ev., Analytical Report Admission; Confrontation
The comment period for Rule 707 expired on March 1, 2010. Comments were received from attorney Tom Tuntland and the North Dakota Association of Criminal Defense Lawyers. Following the comments, the Supreme Court proposed some amendments to the rule for the Committee to review.
An amendment was proposed to subdivision (a) to make clear that the prosecution must notify a defendant in writing of its intent to introduce an analytical report. The prosecution must also serve a copy of the report on the defendant.
An amendment was proposed to subdivision (c) to remove the language regarding prima facie evidence. A comment was added to the explanatory note discussing the statutes that give prima facie effect to the results of a chemical analysis.
A copy of the comments on Rule 707 along with the proposed amendments to Rule 707 are attached.