Rule 3:10-3. Notice by the State – Expert Witness Testimony When Testifying
Expert Did Not Participate in Underlying Tests
(a) Notice by the State. Whenever the State intends to call an expert witness to testify at trial and that expert witness did not conduct, supervise, or participate in a scientific or other such test about which he or she will testify, the State shall serve written notice upon the defendant and counsel of intent to call that witness, along with a proffer of such testimony, all reports pertaining to such testimony, and any underlying tests, at least 20 days before the pretrial proceeding begins, or at least 20 days before the pretrial conference. If extenuating circumstances exist, the state may file the notice after this deadline. For purposes of this rule the term “test” shall include any test, demonstration, forensic analysis or other type of expert examination.
(b) Objection by the Defendant. If the defendant intends to object to the expert testimony, the defendant shall serve written notice upon the State of any objection within 10 days of receiving the State’s notice of intent. In the defendant’s notice of objection, he or she must specify the grounds for such objection, including any Confrontation Clause grounds under either the United States or New Jersey State Constitution.
(c) Determination. Whenever a defendant files a notice of objection specifying the grounds for objection, the court shall decide admissibility of the testimony on the grounds alleged no later than seven days before the beginning of trial.
(d) Failure to Comply With Time Limitations. The defendant’s failure to file a notice of objection within the timeframe required by this rule shall constitute a waiver of any objection to the admission of the expert testimony. The defendant’s failure to specify a particular ground for such objection shall constitute a waiver of any ground not specified. The State’s failure to file a notice of intent within the timeframe required by this rule shall for good cause shown extend the time for defendant to object pursuant to paragraph (b) and for the court to decide admissibility of the testimony pursuant to paragraph (c). In any event, the court may take such action as the interest of justice requires.
(e) Time Limitations. The time limitations set forth in this rule shall not be relaxed except upon a showing of good cause.
Note: Source--R.R. 3:5-5(b) (2) (first sentence); former R. 3:10-3 amended and redesignated R. 3:10-2(d) July 13, 1994 to be effective January 1, 1995. New rule adopted July 27, 2015 to be effective September 1, 2015.
(a) Notice by the State. Whenever the State intends to call an expert witness to testify at trial and that expert witness did not conduct, supervise, or participate in a scientific or other such test about which he or she will testify, the State shall serve written notice upon the defendant and counsel of intent to call that witness, along with a proffer of such testimony, all reports pertaining to such testimony, and any underlying tests, at least 20 days before the pretrial proceeding begins, or at least 20 days before the pretrial conference. If extenuating circumstances exist, the state may file the notice after this deadline. For purposes of this rule the term “test” shall include any test, demonstration, forensic analysis or other type of expert examination.
(b) Objection by the Defendant. If the defendant intends to object to the expert testimony, the defendant shall serve written notice upon the State of any objection within 10 days of receiving the State’s notice of intent. In the defendant’s notice of objection, he or she must specify the grounds for such objection, including any Confrontation Clause grounds under either the United States or New Jersey State Constitution.
(c) Determination. Whenever a defendant files a notice of objection specifying the grounds for objection, the court shall decide admissibility of the testimony on the grounds alleged no later than seven days before the beginning of trial.
(d) Failure to Comply With Time Limitations. The defendant’s failure to file a notice of objection within the timeframe required by this rule shall constitute a waiver of any objection to the admission of the expert testimony. The defendant’s failure to specify a particular ground for such objection shall constitute a waiver of any ground not specified. The State’s failure to file a notice of intent within the timeframe required by this rule shall for good cause shown extend the time for defendant to object pursuant to paragraph (b) and for the court to decide admissibility of the testimony pursuant to paragraph (c). In any event, the court may take such action as the interest of justice requires.
(e) Time Limitations. The time limitations set forth in this rule shall not be relaxed except upon a showing of good cause.
Note: Source--R.R. 3:5-5(b) (2) (first sentence); former R. 3:10-3 amended and redesignated R. 3:10-2(d) July 13, 1994 to be effective January 1, 1995. New rule adopted July 27, 2015 to be effective September 1, 2015.
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