Local Rule LCrR 57.1: Challenges to Admissibility of Drug-Test Results

Local Criminal Rule 57.1 Challenges to Admissibility of Drug-Test Results In all criminal revocation proceedings in which the defendant seeks to challenge the admissibility of drug-test results, the parties shall follow the discovery procedure set forth in this rule.

(1) If the defendant desires to challenge a drug test or report of a drug test, he shall so notify the court in writing, with service on the government, fourteen days before the hearing at which he plans to raise the challenge.

(2) If the defendant files a notice challenging a drug test or report of a drug test, the government shall file with the court, with service on the defendant, at least seven days before the hearing, computed in accordance with Fed. R. Crim. P. 45, the following materials, all of which shall be made a part of the record in each revocation hearing:

(A) A copy of the report of each relevant laboratory test.

(B) A copy of the report on the chain of custody of each sample, including the date of collection, name of person(s) collecting and labeling same, and a description of the label.

(c) A copy of an affidavit by a responsible laboratory employee attesting to laboratory procedures, including laboratory chain of custody routines, whether all required procedures were followed regarding the subject sample(s), and the result(s) of the testing.

(3) If the defendant is unable to timely file the motion described herein, the defendant shall file a motion with the court requesting permission to file the motion out of time and set forth the reasons for the delay in filing. If possible, the motion challenging the admissibility of the drug test results should be filed at the same time. If it is not possible to file the motion challenging the drug test results at the same time as the motion requesting permission to file the motion out of time, it should be filed as soon as practical.