SCRCrimP 6

(a) Report of Chemical Analysis. For the purpose of establishing the physical evidence of a controlled

substance or other substance regulated by Title 44, Chapter 53 of the Code of Laws or Rule 61-4 of the

Department of Health and Environmental Control, a report signed by the chemist or analyst who

performed the test or tests required concerning its nature shall be evidence that the material delivered

to him or her was properly tested under procedures approved by the State Law Enforcement Division

(SLED), that those procedures are legally reliable and that the material is or contains the substance or

substances stated. The report shall be admitted without the necessity of the chemist or analyst

personally being present or appearing in court provided:

(1) the report, at a minimum, identifies each item tested, the kind of test or tests

conducted on each item, and the chemist's or analyst's conclusion whether the item is

or contains a controlled or other regulated substance (to include weight or quantity, if

appropriate) in language which can be understood by a juror without the necessity for

expert testimony; and,

(2) the report is accompanied by an affidavit of the chemist or analyst who performed

the test or tests that:

(A) he or she is certified by SLED as qualified under standards

approved by SLED to analyze those substances;

(B) sets forth his or her training and experience as a chemist or

analyst, to include the number of times he or she has been qualified

as an expert witness and testified in court; and,

(C) he or she conducted the test or tests shown on the report using

procedures approved by SLED and that the report accurately reflects

his or her opinion regarding the results of those tests.

The defendant or opposing party may object to the introduction of a chemist's or analyst's report at a

preliminary hearing, or if no preliminary hearing is held, not later than ten (10) days prior to the trial of

the case. If such objection is properly made, the trial judge shall require the chemist or analyst to be

present at trial for the purpose of personally testifying.

(b) Certified or Sworn Statement. For the purpose of establishing a chain of physical custody or

control of evidence entered under Part A of this Rule, a certified or sworn statement signed by each

successive person having custody of the evidence that he or she delivered it to the person stated is

evidence that the person had custody and made delivery as stated without the necessity of the person

who signed the statement being present in court provided: (1) the statement contains a sufficient

description of the substance or its container to distinguish it; and (2) the statement says the substance

was delivered in substantially the same condition as when received.

The defendant or his attorney may demand appearance in court of the persons within the chain of

custody in the same manner as provided in Section (a).

(c) Disclosure. In a criminal prosecution any reports or papers mentioned in Sections (a) or (b) shall be

made available to the defendant or his attorney at the preliminary hearing or if no hearing is held, not

later than eleven (11) days prior to the trial of the case.

(d) Waiver of Rights. Nothing in this Rule shall preclude the right of any defendant to obtain an

expert chemist or analyst to test a substance in his behalf, provided it is tested under the supervision

of the authority having custody of the substance or of SLED. Nothing in this Rule shall preclude the

right of any party to introduce any evidence supporting or contradicting reports or papers entered into

evidence under this Rule.

Note:

Rule 6 is the language of Criminal Practice Rule 7.

Notes to 1994 Amendment:

This amendment changes Rule 6(a). Under the former rule, all the requirements of this

rule were intended to be shown by a single report. This amendment allows the report

of the chemist or analyst containing the results of the testing to be a separate

document from the affidavit of the chemist or analyst establishing the remaining

requirements of this rule. Additionally, the amendment makes minor changes to clarify

the meaning of the rule.