IN THE SUPREME COURT
STATE OF NORTH DAKOTA
ORDER OF ADOPTION
Supreme Court No. 20090381
North Dakota Rule of Evidence 707, Analytical Report Admission: Confrontation
North Dakota law allows a defendant to subpoena the person who conducted the chemical analysis to testify at trial. See 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); State v. Campbell, 2006 ND 168, ¶ 12, 719 N.W.2d 374. Under Melendez-Diaz, the constitutionality of these statutes is open to question.
The Court considered the matter, and
ORDERED, that Rule 707 of the North Dakota Rules of Evidence is ADOPTED, effective February 1, 2010, subject to a comment period. A copy of the rule is attached.
IT IS FURTHER ORDERED, that any person wishing to comment on the proposed amendments may do so in writing before Monday, March 1, 2010. Written comments may be e-mailed to Penny Miller, Clerk of the Supreme Court, at email@example.com, or addressed to 600 E. Boulevard Ave., Bismarck, ND 58505-0530.
The Supreme Court of the State of North Dakota convened December 16, 2009, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, and the Honorable Mary Muehlen Maring, directing the Clerk of the Supreme Court to enter the above order. The Honorable Carol Ronning Kapsner and the Honorable Daniel J. Crothers, Justices, voted against the adoption of the rule as they would wait for the decision in Briscoe and not supersede statutes until the decision in that case is filed.
North Dakota Supreme Court