Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part G - Procedures Following Filing of Information
Rule 574 - Forensic Laboratory Report; Certification in Lieu of Expert Testimony
Universal Citation: 234 PA Code ยง 574
Current through Register Vol. 54, No. 38, September 21, 2024
(A) In any trial, the attorney for the Commonwealth may seek to offer into evidence a forensic laboratory report supported by a certification, as provided in paragraph (E), in lieu of testimony by the person who performed the analysis or examination that is the subject of the report.
(B) Notice
(1) If the attorney for the Commonwealth
intends to offer the forensic laboratory report and accompanying certification
as provided in paragraph (A) as evidence at trial, the attorney for the
Commonwealth shall file and serve, as provided in Rule 576, upon the
defendant's attorney or, if unrepresented, the defendant a written notice of
that fact at the time of the disclosure of the report but no later than 20 days
prior to the start of trial.
(2)
The notice shall include a statement informing the defendant that, as provided
in paragraph (C)(3), if no written demand for testimony by the person who
performed the analysis or examination that is the subject of the forensic
laboratory report is made within 10 days of the service of the notice, the
forensic laboratory report and accompanying certification are admissible in
evidence without the person who performed the analysis or examination
testifying.
(3) Except as provided
in paragraph (C), the laboratory report and accompanying certification are
admissible in evidence to the same effect as if the person who performed the
analysis or examination had personally testified.
(C) Demand
(1) Within 10 days of service of the notice
provided in paragraph (B), the defendant's attorney, or if unrepresented, the
defendant may file and serve, as provided in Rule 576, upon the attorney for
the Commonwealth a written demand for the person who performed the analysis or
examination that is the subject of the forensic laboratory report to testify at
trial.
(2) If a written demand is
filed and served, the forensic laboratory report and accompanying certification
are not admissible under paragraph (B)(3) unless the person who performed the
analysis or examination testifies.
(3) If no demand for live testimony regarding
the forensic laboratory report and accompanying certification is filed and
served within the time allowed by this section, the forensic laboratory report
and accompanying certification are admissible in evidence without the person
who performed the analysis or examination testifying.
(D) For cause shown, the judge may extend the time period for filing the notice or the demand for live testimony, or may grant a continuance of the trial.
(E) Certification
The person who performed the analysis or examination that is the subject of the forensic laboratory report shall complete a certification in which the person shall state:
(1) The
education, training, and experience that qualify him or her to perform the
analysis or examination;
(2) The
entity by which he or she is employed and a description of his or her regular
duties;
(3) The name and location
of the laboratory where the analysis or examination was performed;
(4) any state, national, or international
accreditations of the laboratory at which the analysis or examination was
performed; and
(5) that the
analysis or examination was performed under industry-approved procedures or
standards and the report accurately reflects the findings and opinions of the
person who performed the analysis or examination regarding the results of the
analysis or examination.
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