RULE 707. ANALYTICAL REPORT ADMISSION; CONFRONTATION
1 (a) Notification to defendant. If the prosecution intends to introduce an
2 analytical report issued under N.D.C.C. chs. 19-03.1, 19-03.2, 19-03.4, 20.1-13.1,
3 20.1-15, 39-06.2, or 39-20 in a criminal trial, it must notify the defendant or the
4 defendant's attorney in writing of its intent to introduce the report and must also serve
5 a copy of the report on the defendant or the defendant's attorney
least no later than
6 30 days
before the trial after the defendant's
7 (b) Objection.
At least 14 days before the trial, the Within
30 days of service
8 of a copy of the report, the defendant may object in writing to the introduction of the
9 report and identify
the by name or job title of
the witness a person who made a
10 testimonial statement in the report to be produced to testify about the report at trial.
11 If objection is made, the prosecutor must produce the person requested. If the witness
12 is not available to testify, the court must grant a continuance.
13 (c) Extension. The court may extend any of the deadlines under this rule on a
14 showing of good cause.
(c) (d) Waiver. If the defendant does not timely object
to the introduction of
16 the report, the defendant's right to confront the person who prepared the report is
(d) (e) Juvenile proceedings. This procedure applies
to juvenile proceedings
19 that involve analytical reports issued under N.D.C.C. chs. 19-03.1, 19-03.2, 19-03.4,
20 20.1-13.1, 20.1-15, 39-06.2, or 39-20.
21 EXPLANATORY NOTE
22 Rule 707 was adopted effective February 1, 2010. Rule 707 was amended, effective
23 March 1, 2011;_________________________.
24 Rule 707 requires the prosecution to notify a defendant if it intends to
25 introduce an analytical report in a criminal trial. If the defendant objects to the
26 admission of the report, the defendant must identify the witness it seeks to examine
27 about the report at trial and the prosecution must produce the witness.
28 Some examples of analytical reports include: a certified copy of an analytical
29 report of a blood, urine, or saliva sample from the director of the state crime
30 laboratory or the director's designee; a certified copy of the checklist and test records
31 from a certified breath test operator; or a certified copy of an analytical report signed
32 by the director of the state crime laboratory or the director's designee of the results of
33 the analytical findings involving the analysis of a controlled substance or sample.
34 Subdivision (a) was amended, effective_______________, to require the
35 prosecution to serve a copy of the analytical report on the defendant no later than 30
36 days after the defendant's arraignment.
37 Subdivision (b) was amended, effective__________________, to require the
38 defendant to object to introduction of the report at trial within 30 days of receiving a
39 copy. The subdivision was also amended to clarify that, if the defendant requests a
40 person to testify about the report at trial, the person must be someone who made a
41 testimonial statement in the report.
42 Subdivision (c) was added, effective____________________, to give the court
43 discretion to extend the rule's deadlines.
44 Under North Dakota law, if the person who prepared the report does not testify
45 at trial, a certified copy of an analytical report must be accepted as prima facie
46 evidence of the results of a chemical analysis. See N.D.C.C. §§ 19-03.1-37(4), 20.1-
47 3.1-10(6), 20.1-15-11(8), 39-20-07(8), and 39-24.1-08(6).
48 Sources: Joint Procedure Committee Minutes of January 31-February 1, 2013,
49 pages 20-23; September 27, 2012, pages 6-7; April 26-27, 2012, page 33; September
50 23-24, 2010, pages 10-13; Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009)
51 Statutes Affected:
52 Superseded: N.D.C.C. §§ 19-03.1-37(5), 20.1-13.1-10(7), 20.1-15-11(9), 39-
53 0-07(9), and 39-24.1-08(7).
54 Considered: N.D.C.C. §§ 19-03.1-37(4), 20.1-13.1-10(6), 20.1-15-11(8), 39-
55 0-07(8), and 39-24.1-08(6).