RULE 6.13
TESTIMONY IN LIEU OF WITNESSES
(a) Deposition. Upon a determination that the testimony of a
witness is material, and that it appears probable that the
witness will not voluntarily appear at the trial, the court may
order the taking of his or her deposition. Pending the taking of
the deposition the provisions of CrR 3.2 shall apply.
(b) Test Report by Expert.
(1) Certification Required. Subject to subsection (b)(3) of
this rule, the official written report of an expert witness which
contains the results of any test of a substance or object which
are relevant to an issue in a trial shall be admitted in evidence
without further proof or foundation as prima facie evidence of
the facts stated in the report if the report bears or has
attached a certification stating that the certifier has performed
a test on the substance or object in question, the name of the
person from whom the substance or object was received, the
certificate is attached to a true and complete copy of the
certifiers official report, the report was made by the certifier,
and the qualifications of the certifier to make such tests. The
certificate shall be signed by the certifier with the title of
his office and his business address and telephone number.
(2) Form. The certificate shall be in substantially the
following form:
The undersigned certifies under penalty of perjury that:
1. He performed a test on the (substance) (object) in
question;
2. The person from whom he received the (substance) (object)
in question is ______________;
3. The document on which this certificate appears or to which
it is attached is a true and complete copy of my official report;
and
4. Such document is a report of the results of a test which
report and test were made by the undersigned who has the
following qualifications and experience:
___________________________________________________________.
___________________________________________________________.
___________________________________
Signature
___________________________________
Title
___________________________________
Business Address and Telephone
(3) Notice Requirements. The court shall exclude such report
if:
(i) a copy of the report and certificate has not been served
on the defendant or the defendant's attorney at least 15 days
prior to the trial date or, upon a showing of cause, such lesser
time as the court deems proper; or
(ii) in the case of an unrepresented defendant, a copy of
this rule in addition to a copy of the report and certificate has
not been served on the defendant at least 15 days prior to the
trial date or, upon a showing of cause, such lesser time as the
court deems proper; or
(iii) at least 7 days prior to the trial date or, upon a
showing of cause, such lesser time as the court deems proper, the
defendant has served a written demand upon the prosecutor to
produce the expert witness at the trial.
Amended Effective December 26, 2000
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