RULE 707. ANALYTICAL REPORT ADMISSION; CONFRONTATION
Effective Date: 2/1/2010
Obsolete Date: 3/1/2011
(a) Notification to Defendant. If the prosecution intends to introduce an analytical report issued under N.D.C.C. chapters 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 of its intent to introduce the report at least 30 days before the trial.
(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 March 1, 2011; March 1, 2014.
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 defendant must identify the witness it seeks to examine about the report at trial and the prosecution must produce the witness.
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.
Subdivision (a) was amended, effective March 1, 2014, to require the prosecution to serve a copy of the analytical report on the defendant at least 60 days before the date set for trial.
Subdivision (b) was amended, effective March 1, 2014, to require the defendant to object to introduction of the report at trial at least 45 days before the date set for trial. The subdivision was also amended to clarify that, if the defendant requests a person to testify about the report at trial, the person must be someone who made a testimonial statement in the report.
Subdivision (c) was added, effective March 1, 2014, to give the court discretion to modify the rule's deadlines.
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 January 31-February 1, 2013, pages 20-23; September 27, 2012, pages 6-7; April 26-27, 2012, page 33; September 23-24, 2010, pages 10-13; 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).
CONSIDERED: 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).