Evidence

Evidence Rule:
803(10)

R-12-0034

Superior
Justice
Municipal

Judges

Summary: The amended rule requires a defendant in a criminal case to make a timely pretrial demand for production of a witness after receiving notice from the State of its intent to offer a certificate concerning the absence of a record.

Unless the court sets a different time, the “notice and demand” procedure requires a written notice from the prosecution of its intent to offer a certificate at least 20 days before trial, and the defendant must object within 10 days of receiving the notice.

Impact:  Parties may ask the judge to determine the admissibility of a certificate that the State offers pursuant to this rule amendment.