§ 19.2-187.1. Procedures for notifying accused of certificate of analysis;waiver; continuances.
A. In any trial and in any hearing other than a preliminary hearing, in whichthe attorney for the Commonwealth intends to offer a certificate of analysisinto evidence in lieu of testimony pursuant to § 19.2-187, the attorney forthe Commonwealth shall:
1. Provide by mail, delivery, or otherwise, a copy of the certificate tocounsel of record for the accused, or to the accused if he is proceeding prose, at no charge, no later than 28 days prior to the hearing or trial;
2. Provide simultaneously with the copy of the certificate so provided undersubdivision 1 a notice to the accused of his right to object to having thecertificate admitted without the person who performed the analysis orexamination being present and testifying;
2a. When the attorney for the Commonwealth intends to present such testimonythrough two-way video conferencing, attach to the copy of the certificateprovided under subdivision 1 a notice on a page separate from the notice insubdivision 2 specifying that the person who performed the analysis orexamination may testify by two-way video conferencing and that the accusedhas a right to object to such two-way video testimony; and
3. File a copy of the certificate and notice with the clerk of the courthearing the matter on the day that the certificate and notice are provided tothe accused.
B. The accused may object in writing to admission of the certificate ofanalysis, in lieu of testimony, as evidence of the facts stated therein andof the results of the analysis or examination. Such objection shall be filedwith the court hearing the matter, with a copy to the attorney for theCommonwealth, no more than 14 days after the certificate and notice werefiled with the clerk by the attorney for the Commonwealth or the objectionshall be deemed waived. If timely objection is made, the certificate shallnot be admissible into evidence unless (i) the testimony of the person whoperformed the analysis or examination is admitted into evidence describingthe facts and results of the analysis or examination during theCommonwealth's case-in-chief at the hearing or trial and that person ispresent and subject to cross-examination by the accused, (ii) the objectionis waived by the accused or his counsel in writing or before the court, or(iii) the parties stipulate before the court to the admissibility of thecertificate. If the accused demands, at hearing or trial, the presence of theperson who performed the analysis or examination and he is thereafter foundguilty of the charge or charges for which he demanded the presence of suchwitness, $50 for expenses related to the witness's appearance at hearing ortrial shall be charged to the accused as court costs.
B1. When the attorney for the Commonwealth gives notice to the accused ofintent to present testimony by two-way video conferencing, the accused mayobject in writing to the admission of such testimony and may file anobjection as provided in subsection B. The provisions of subsection B shallapply to such objection mutatis mutandis.
B2. The two-way video testimony permitted by this section shall comply withthe provisions of subsection B of § 19.2-3.1. In addition, unless otherwiseagreed by the parties and the court, (i) all orders pertaining to witnessesapply to witnesses testifying by video conferencing; (ii) upon request, allmaterials read or used by the witness during his testimony shall beidentified on the video; and (iii) any witness testifying by videoconferencing shall certify at the conclusion of his testimony, under penaltyof perjury, that he did not engage in any off-camera communications with anyperson during his testimony.
C. Where the person who performed the analysis and examination is notavailable for hearing or trial and the attorney for the Commonwealth has useddue diligence to secure the presence of the person, the court shall order acontinuance. Any continuances ordered pursuant to this subsection shall totalnot more than 90 days if the accused has been held continuously in custodyand not more than 180 days if the accused has not been held continuously incustody.
D. Any objection by counsel for the accused, or the accused if he isproceeding pro se, to timeliness of the receipt of notice required bysubsection A shall be made before hearing or trial upon his receipt of actualnotice unless the accused did not receive actual notice prior to hearing ortrial. A showing by the Commonwealth that the notice was mailed, delivered,or otherwise provided in compliance with the time requirements of thissection shall constitute prima facie evidence that the notice was timelyreceived by the accused. If the court finds upon the accused's objection madepursuant to this subsection, that he did not receive timely notice pursuantto subsection A, the accused's objection shall not be deemed waived and ifthe objection is made prior to hearing or trial, a continuance shall beordered if requested by either party. Any continuance ordered pursuant tothis subsection shall be subject to the time limitations set forth insubsection C.
E. Nothing in this section shall prohibit the admissibility of a certificateof analysis when the person who performed the analysis and examinationtestifies at trial or the hearing concerning the facts stated therein and ofthe results of the analysis or examination.
F. The accused in any hearing or trial in which a certificate of analysis isoffered into evidence shall have the right to call the person performing suchanalysis or examination or involved in the chain of custody as a witnesstherein, and examine him in the same manner as if he had been called as anadverse witness. Such witness shall be summoned and appear at the cost of theCommonwealth; however, if the accused calls the person performing suchanalysis or examination as a witness and is found guilty of the charge orcharges for which such witness is summoned, $50 for expenses related to thatwitness's appearance at hearing or trial shall be charged to the accused ascourt costs.
(1976, c. 245; 1979, c. 364; 2009, Sp. Sess. I, cc. 1, 4; 2010, cc. 555, 656,800.)
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis;waiver; continuances.
A. In any trial and in any hearing other than a preliminary hearing, in whichthe attorney for the Commonwealth intends to offer a certificate of analysisinto evidence in lieu of testimony pursuant to § 19.2-187, the attorney forthe Commonwealth shall:
1. Provide by mail, delivery, or otherwise, a copy of the certificate tocounsel of record for the accused, or to the accused if he is proceeding prose, at no charge, no later than 28 days prior to the hearing or trial;
2. Provide simultaneously with the copy of the certificate so provided undersubdivision 1 a notice to the accused of his right to object to having thecertificate admitted without the person who performed the analysis orexamination being present and testifying;
2a. When the attorney for the Commonwealth intends to present such testimonythrough two-way video conferencing, attach to the copy of the certificateprovided under subdivision 1 a notice on a page separate from the notice insubdivision 2 specifying that the person who performed the analysis orexamination may testify by two-way video conferencing and that the accusedhas a right to object to such two-way video testimony; and
3. File a copy of the certificate and notice with the clerk of the courthearing the matter on the day that the certificate and notice are provided tothe accused.
B. The accused may object in writing to admission of the certificate ofanalysis, in lieu of testimony, as evidence of the facts stated therein andof the results of the analysis or examination. Such objection shall be filedwith the court hearing the matter, with a copy to the attorney for theCommonwealth, no more than 14 days after the certificate and notice werefiled with the clerk by the attorney for the Commonwealth or the objectionshall be deemed waived. If timely objection is made, the certificate shallnot be admissible into evidence unless (i) the testimony of the person whoperformed the analysis or examination is admitted into evidence describingthe facts and results of the analysis or examination during theCommonwealth's case-in-chief at the hearing or trial and that person ispresent and subject to cross-examination by the accused, (ii) the objectionis waived by the accused or his counsel in writing or before the court, or(iii) the parties stipulate before the court to the admissibility of thecertificate. If the accused demands, at hearing or trial, the presence of theperson who performed the analysis or examination and he is thereafter foundguilty of the charge or charges for which he demanded the presence of suchwitness, $50 for expenses related to the witness's appearance at hearing ortrial shall be charged to the accused as court costs.
B1. When the attorney for the Commonwealth gives notice to the accused ofintent to present testimony by two-way video conferencing, the accused mayobject in writing to the admission of such testimony and may file anobjection as provided in subsection B. The provisions of subsection B shallapply to such objection mutatis mutandis.
B2. The two-way video testimony permitted by this section shall comply withthe provisions of subsection B of § 19.2-3.1. In addition, unless otherwiseagreed by the parties and the court, (i) all orders pertaining to witnessesapply to witnesses testifying by video conferencing; (ii) upon request, allmaterials read or used by the witness during his testimony shall beidentified on the video; and (iii) any witness testifying by videoconferencing shall certify at the conclusion of his testimony, under penaltyof perjury, that he did not engage in any off-camera communications with anyperson during his testimony.
C. Where the person who performed the analysis and examination is notavailable for hearing or trial and the attorney for the Commonwealth has useddue diligence to secure the presence of the person, the court shall order acontinuance. Any continuances ordered pursuant to this subsection shall totalnot more than 90 days if the accused has been held continuously in custodyand not more than 180 days if the accused has not been held continuously incustody.
D. Any objection by counsel for the accused, or the accused if he isproceeding pro se, to timeliness of the receipt of notice required bysubsection A shall be made before hearing or trial upon his receipt of actualnotice unless the accused did not receive actual notice prior to hearing ortrial. A showing by the Commonwealth that the notice was mailed, delivered,or otherwise provided in compliance with the time requirements of thissection shall constitute prima facie evidence that the notice was timelyreceived by the accused. If the court finds upon the accused's objection madepursuant to this subsection, that he did not receive timely notice pursuantto subsection A, the accused's objection shall not be deemed waived and ifthe objection is made prior to hearing or trial, a continuance shall beordered if requested by either party. Any continuance ordered pursuant tothis subsection shall be subject to the time limitations set forth insubsection C.
E. Nothing in this section shall prohibit the admissibility of a certificateof analysis when the person who performed the analysis and examinationtestifies at trial or the hearing concerning the facts stated therein and ofthe results of the analysis or examination.
F. The accused in any hearing or trial in which a certificate of analysis isoffered into evidence shall have the right to call the person performing suchanalysis or examination or involved in the chain of custody as a witnesstherein, and examine him in the same manner as if he had been called as anadverse witness. Such witness shall be summoned and appear at the cost of theCommonwealth; however, if the accused calls the person performing suchanalysis or examination as a witness and is found guilty of the charge orcharges for which such witness is summoned, $50 for expenses related to thatwitness's appearance at hearing or trial shall be charged to the accused ascourt costs.
(1976, c. 245; 1979, c. 364; 2009, Sp. Sess. I, cc. 1, 4; 2010, cc. 555, 656,800.)
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis;waiver; continuances.
A. In any trial and in any hearing other than a preliminary hearing, in whichthe attorney for the Commonwealth intends to offer a certificate of analysisinto evidence in lieu of testimony pursuant to § 19.2-187, the attorney forthe Commonwealth shall:
1. Provide by mail, delivery, or otherwise, a copy of the certificate tocounsel of record for the accused, or to the accused if he is proceeding prose, at no charge, no later than 28 days prior to the hearing or trial;
2. Provide simultaneously with the copy of the certificate so provided undersubdivision 1 a notice to the accused of his right to object to having thecertificate admitted without the person who performed the analysis orexamination being present and testifying;
2a. When the attorney for the Commonwealth intends to present such testimonythrough two-way video conferencing, attach to the copy of the certificateprovided under subdivision 1 a notice on a page separate from the notice insubdivision 2 specifying that the person who performed the analysis orexamination may testify by two-way video conferencing and that the accusedhas a right to object to such two-way video testimony; and
3. File a copy of the certificate and notice with the clerk of the courthearing the matter on the day that the certificate and notice are provided tothe accused.
B. The accused may object in writing to admission of the certificate ofanalysis, in lieu of testimony, as evidence of the facts stated therein andof the results of the analysis or examination. Such objection shall be filedwith the court hearing the matter, with a copy to the attorney for theCommonwealth, no more than 14 days after the certificate and notice werefiled with the clerk by the attorney for the Commonwealth or the objectionshall be deemed waived. If timely objection is made, the certificate shallnot be admissible into evidence unless (i) the testimony of the person whoperformed the analysis or examination is admitted into evidence describingthe facts and results of the analysis or examination during theCommonwealth's case-in-chief at the hearing or trial and that person ispresent and subject to cross-examination by the accused, (ii) the objectionis waived by the accused or his counsel in writing or before the court, or(iii) the parties stipulate before the court to the admissibility of thecertificate. If the accused demands, at hearing or trial, the presence of theperson who performed the analysis or examination and he is thereafter foundguilty of the charge or charges for which he demanded the presence of suchwitness, $50 for expenses related to the witness's appearance at hearing ortrial shall be charged to the accused as court costs.
B1. When the attorney for the Commonwealth gives notice to the accused ofintent to present testimony by two-way video conferencing, the accused mayobject in writing to the admission of such testimony and may file anobjection as provided in subsection B. The provisions of subsection B shallapply to such objection mutatis mutandis.
B2. The two-way video testimony permitted by this section shall comply withthe provisions of subsection B of § 19.2-3.1. In addition, unless otherwiseagreed by the parties and the court, (i) all orders pertaining to witnessesapply to witnesses testifying by video conferencing; (ii) upon request, allmaterials read or used by the witness during his testimony shall beidentified on the video; and (iii) any witness testifying by videoconferencing shall certify at the conclusion of his testimony, under penaltyof perjury, that he did not engage in any off-camera communications with anyperson during his testimony.
C. Where the person who performed the analysis and examination is notavailable for hearing or trial and the attorney for the Commonwealth has useddue diligence to secure the presence of the person, the court shall order acontinuance. Any continuances ordered pursuant to this subsection shall totalnot more than 90 days if the accused has been held continuously in custodyand not more than 180 days if the accused has not been held continuously incustody.
D. Any objection by counsel for the accused, or the accused if he isproceeding pro se, to timeliness of the receipt of notice required bysubsection A shall be made before hearing or trial upon his receipt of actualnotice unless the accused did not receive actual notice prior to hearing ortrial. A showing by the Commonwealth that the notice was mailed, delivered,or otherwise provided in compliance with the time requirements of thissection shall constitute prima facie evidence that the notice was timelyreceived by the accused. If the court finds upon the accused's objection madepursuant to this subsection, that he did not receive timely notice pursuantto subsection A, the accused's objection shall not be deemed waived and ifthe objection is made prior to hearing or trial, a continuance shall beordered if requested by either party. Any continuance ordered pursuant tothis subsection shall be subject to the time limitations set forth insubsection C.
E. Nothing in this section shall prohibit the admissibility of a certificateof analysis when the person who performed the analysis and examinationtestifies at trial or the hearing concerning the facts stated therein and ofthe results of the analysis or examination.
F. The accused in any hearing or trial in which a certificate of analysis isoffered into evidence shall have the right to call the person performing suchanalysis or examination or involved in the chain of custody as a witnesstherein, and examine him in the same manner as if he had been called as anadverse witness. Such witness shall be summoned and appear at the cost of theCommonwealth; however, if the accused calls the person performing suchanalysis or examination as a witness and is found guilty of the charge orcharges for which such witness is summoned, $50 for expenses related to thatwitness's appearance at hearing or trial shall be charged to the accused ascourt costs.
(1976, c. 245; 1979, c. 364; 2009, Sp. Sess. I, cc. 1, 4; 2010, cc. 555, 656,800.)
