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Rule 6.13 – Testimony in Lieu of Witnesses

May 14, 2021 | Criminal Procedure, Washington

(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.

Wash. Sup. Ct. Crim. R. 6.13