Section 1287.30  Obligation to Produce

The purpose of this Section is to establish a minimum standard for supplying toxicological evidence and is not intended to limit the production or discovery of material information.  For subpoenas seeking the disclosure of records in addition to case file information, the testing laboratory will provide the following listed items for all prosecutions, post-trial and post-conviction proceedings.  The proponent offering the toxicology evidence shall provide or otherwise make available to the adverse party all relevant materials, which includes:

a)         Copies of the records contained in the case file, including all reports, notes, phone logs, data and quality issue documentation relating to the testing performed in the case;

b)         Copies of standards and controls utilized in the case that reflect compliance with quality control guidelines or standards employed during the testing process;

c)         Copies of the toxicology standard operating procedures utilized in the particular case analysis;

d)         Proficiency testing results from the last test prior to the date of the case report and two years prior to that date;

e)         Current curriculum vitae for forensic scientists or others involved in the testing and analysis of toxicology evidence in the case;

f)         Reports explaining any discrepancies in the testing, observed defects or laboratory errors in the particular case, as well as the reasons for and the effects of those defects/errors;

g)         Copies of chain of custody documentation for each item of evidence subjected to toxicology testing in the particular case;

h)         Copies of accreditation certificates and individual testing certifications, relating to the laboratory and/or individuals performing the specific tests in the particular case, that were in effect at the time of testing;

i)          Copies of instrumental sequence logs for each item of evidence subjected to toxicology confirmatory testing in the particular case;

j)          Copies of instrumental maintenance logs for one year ending the date each item of evidence was subjected to toxicology testing in the particular case;

k)         If ethanol testing was conducted and measurement uncertainty calculated, data utilized for MU will be provided; and

l)          Validation studies, when available.