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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.

Related terms

Approved Government Scientific Expert
A category of scientist whose reports are listed in the Bharatiya Nagarik Suraksha Sanhita 2023 as admissible evidence. The list covers examiners...
Confrontation Clause
The Sixth Amendment provision in the United States Constitution that guarantees an accused the right to confront witnesses against them. After Melendez-Diaz...
Forensic Science Regulator
A statutory office in England and Wales, given formal powers by the Forensic Science Regulator Act 2021, to set and enforce quality...
Section 9 Statement (CJA 1967)
A written statement by a witness, including a forensic examiner, that is admissible in criminal proceedings in England and Wales without the...
Statutory Evidentiary Shortcut
A legislative provision that allows a forensic report or certificate to be admitted as evidence and given weight without the examiner testifying...

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