§ 15:501 — Notice of opposing party and opportunity to cross-examine expert; certification of

§501. Notice of opposing party and opportunity to cross-examine expert; certification of
subpoena request
A. Except as provided in Subsection F of this Section, the party seeking to introduce
a certificate made in accordance with R.S. 15:499 shall, not less than forty-five days prior
to the commencement of the trial, give written notice of intent to offer proof by certificate.
Such notice shall include a copy of the certificate.
B. The attorney for the defendant, or the defendant acting in his own defense, if not
represented by counsel, may demand that the person making the examination or analysis
testify by filing a written demand and serving it upon the department attorney, district
attorney, or attorney general seeking to introduce the certificate. If such a demand is made
timely as set forth below, the certificate shall not constitute prima facie proof of the facts
thereon as set forth in R.S. 15:500.
C. Demand for the testimony of the person making the examination or analysis shall
be filed and served by counsel for the defendant, or by a defendant acting as his own counsel,
except as provided in Subsection F of this Section, within thirty days of the receipt of the
notice provided for in Subsection A of this Section. The trial court may extend the period for
good cause shown if such request is made prior to the expiration of the period.
D. If no request for additional time is made prior to the expiration of the period, an
extension of time in which to make such a demand may be made only upon a showing of
exceptional circumstances. Any allegation that such circumstances exist shall constitute a
preliminary plea on the defendant's behalf for the purposes of Code of Criminal Procedure
Article 580. The demand shall be made in writing and notice shall be served on the
department attorney, district attorney, or the attorney general prosecuting the matter. The
court shall conduct a contradictory hearing to determine if the extension is warranted.
E. The filing of a demand by the defendant does not prevent the admission of the
certificate or its contents in any other manner otherwise appropriate pursuant to the Code of
Evidence or its ancillaries.
F. A party in a case in juvenile court which is of a noncriminal nature seeking to
introduce a certificate made in accordance with R.S. 15:499 shall, not less than five days
prior to the commencement of the trial, give written notice of intent to offer proof of
certificate. Such notice shall include a copy of the certificate. Demands for testimony made
pursuant to Subsection B of this Section shall be made within three days of receipt of the
notice.

Legislative History

Added by Acts 1976, No. 439, §1; Acts 1986, No. 675, §1; Acts 1990, No. 850, §1; Acts 2010, No. 693, §1; Acts 2020, No. 39, §1, eff. June 4, 2020.