4.9Forensic Laboratory Reports and Certificates
MCR 6.202 concerns forensic laboratory reports and certificates, and applies to criminal trials in district and circuit court. MCR 6.202(A).
“Upon receipt of a forensic laboratory report and certificate, if applicable, by the examining expert, the prosecutor shall serve a copy of the laboratory report and certificate on the opposing party’s attorney or party, if not represented by an attorney, within 14 days after receipt of the laboratory report and certificate.” MCR 6.202(B). Additionally, the prosecutor must file with the court “proof of service of the report and certificate, if applicable, on the opposing party’s attorney or party, if not represented by an attorney[.]” MCR 6.202(B).
If a party intends to offer a forensic laboratory report as evidence at trial, the party’s attorney (or party, if not represented by an attorney), must provide the opposing party’s attorney (or party, if not represented by an attorney), with written notice of that fact. MCR 6.202(C)(1). If the prosecuting attorney intends to offer a forensic laboratory report as evidence at trial, notice to defense counsel (or the defendant, if not represented by counsel), must be included with the report. Id. If a defendant intends to offer a forensic laboratory report as evidence at trial, notice to the prosecuting attorney must be provided within 14 days after receiving the report. Id. “Except as provided in [MCR 6.202(C)(2)], the report and certification, if applicable, is admissible in evidence to the same effect as if the person who performed the analysis or examination had personally testified.” MCR 6.202(C)(1).
After receiving a copy of the forensic laboratory report and certificate (if applicable), the opposing party’s attorney (or party, if not represented by an attorney), may file a written objection to the use of the forensic laboratory report and certificate. MCR 6.202(C)(2). The written objection must be filed with the court where the matter is pending, and must be served on the opposing party’s attorney (or party, if not represented by an attorney), within 14 days of receiving the notice. Id. If a written objection is filed, the forensic laboratory report and certificate are inadmissible under MCR 6.202(C)(1). If no objection is made to the use of the forensic laboratory report and certificate within 14 days of receipt of the notice, the forensic laboratory report and certificate are admissible in evidence as set out in MCR 6.202(C)(1). MCR 6.202(C)(2). The court must extend the time period of filing a written objection for good cause. MCR 6.202(C)(3). Compliance with MCR 6.202, such as extending the time period for filing a written objection for good cause, also constitutes good cause for adjourning trial. MCR 6.202(C)(4).
The analyst who conducted the analysis on the forensic sample and signed the report must complete a certificate on which he or she must state (1) that he or she is qualified by education, training, and experience to perform the analysis; (2) the name and location of the laboratory where the analysis was performed; (3) that performing the analysis is part of his or her regular duties; and (4) that the tests were performed under industry-approved procedures or standards and the report accurately reflects the analyst’s findings and opinions regarding the results of those tests or analysis. MCR 6.202(D). Alternatively, a report submitted by an analyst employed by a laboratory that is accredited by a national or international accreditation entity that substantially meets the certification requirements set out in the court rule may provide proof of the laboratory’s accreditation certificate in lieu of a separate certificate. Id.