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.
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