Current through Register Vol. 54, No. 45, November 9, 2024
Rule 405 - Forensic Laboratory Report and Certification(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.Adopted by Pennsylvania Bulletin, Vol 53, No. 38. September 23, 2023, effective 1/1/2024