Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 4 - ADJUDICATORY HEARING
Rule 405 - Forensic Laboratory Report and Certification
Universal Citation: 237 PA Code ยง 405
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Report and Certification In Lieu of Expert Testimony.
(1) If the
requirements of this rule have been met, the attorney for the Commonwealth may
seek to offer a forensic laboratory report into evidence in lieu of testimony
in any adjudicatory hearing of a non-detained juvenile.
(2) The report shall be supported by a
certification, as provided in subdivision (e), from the expert who drafted the
report and performed the analysis or examination.
(b) Notice.
(1) The attorney for the Commonwealth shall
file the written notice and serve the written notice, together with the report
and certification, upon the juvenile's attorney.
(2) The notice shall include a statement
informing the juvenile that:
(i) if no written
demand for testimony is made within 10 days of the service of the notice, the
forensic laboratory report and certification are admissible in evidence, as
provided in subdivision (c)(3); and
(ii) the expert who drafted the report does
not have to testify.
(3)
Service shall occur no later than 20 days prior to the adjudicatory
hearing.
(4) Once entered into
evidence, the report and certification shall qualify as if the expert had
testified personally.
(c) Demand.
(1) Within 10 days
of service of the notice, the juvenile's attorney may file and serve a written
demand upon the attorney for the Commonwealth requiring the expert to testify
at the adjudicatory hearing.
(2) If
a written demand is filed and served, the expert must testify.
(3) If no demand is filed and served as
required by subdivision (c)(1), the report and certification are admissible in
evidence without the expert's testimony.
(d) Extension. For cause shown, the judge may:
(1) extend the time
requirements of this rule; or
(2)
grant a continuance of the adjudicatory hearing.
(e) Certification. The expert shall complete a certification providing:
(1) the education, training, and experience
that qualify the expert to perform the analysis or examination;
(2) the entity by which the expert is
employed and a description of the expert's 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;
(5) that the analysis or
examination was performed under industry-approved procedures or standards;
and
(6) the report accurately
reflects the findings and opinions of the expert.
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