Notice-and-Demand
Definition
A procedural mechanism, common in US state courts, under which the prosecution gives advance notice that it intends to use a forensic certificate in place of live testimony. The defendant must then serve a formal demand within a time limit to require the analyst's appearance. Silence equals waiver.
- Jurisdiction
- Common in US state courts
- Purpose
- Lets the prosecution use a written forensic certificate instead of live testimony
- Defendant's action
- Must serve a formal demand within a set time limit
- Effect of silence
- Treated as a waiver of the right to demand the analyst appear
Common questions
Why did notice-and-demand statutes arise after Melendez-Diaz v. Massachusetts?+
That Confrontation Clause ruling held that forensic certificates are testimonial and generally require the analyst to testify, so states adopted notice-and-demand procedures as a way to preserve efficiency for uncontested reports while still letting a defendant insist on live testimony if they choose to.
What happens if the defendant files a timely demand?+
The prosecution then has to produce the analyst as a live witness, or the certificate cannot be used as substantive evidence of its contents at trial.
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