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H.B. 72

             1     

EXPERT DISCOVERY AMENDMENTS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Gordon E. Snow

             5      AN ACT RELATING TO THE UTAH CODE OF CRIMINAL PROCEDURE; AMENDING
             6      EXPERT DISCOVERY PROVISIONS FOR EXPERT TESTIMONY AT A PRELIMINARY
             7      HEARING.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          77-17-13, as enacted by Chapter 139, Laws of Utah 1994
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 77-17-13 is amended to read:
             13           77-17-13. Expert testimony generally -- Notice requirements.
             14          (1) (a) If the prosecution or the defense intends to call any expert to testify in a felony case
             15      at trial or any hearing, excluding a preliminary hearing held pursuant to Rule 7 of the Utah Rules
             16      of Criminal Procedure, the party intending to call the expert shall give notice to the opposing party
             17      as soon as practicable but not less than 30 days before trial or ten days before the hearing.
             18          (b) Notice shall include the name and address of the expert, the expert's curriculum vitae,
             19      and a copy of the expert's report.
             20          [(b)] (2) (a) The expert shall prepare a written report relating to the proposed testimony.
             21          (b) If the expert has not prepared a report or the report does not adequately inform
             22      concerning the substance of the expert's proposed testimony including any opinion and the bases
             23      and reasons of that opinion, the party intending to call the expert shall provide to the opposing
             24      party a written explanation of the expert's anticipated testimony sufficient to give the opposing
             25      party adequate notice to prepare to meet the testimony, followed by a copy of any report prepared
             26      by the expert when available.
             27          [(2)] (3) (a) As soon as practicable after receipt of the expert's report, the party receiving


             28      notice shall provide [notice] to the other party notice of witnesses whom the party anticipates
             29      calling to rebut the expert's testimony, including the name and address of any expert witness and
             30      the expert's curriculum vitae. If available, a report of any rebuttal expert shall be provided to the
             31      other party.
             32          (b) If the rebuttal expert has not prepared a report or the report does not adequately inform
             33      concerning the substance of the expert's proposed testimony, or in the event the rebuttal witness
             34      is not an expert, the party intending to call the rebuttal witness shall provide a written explanation
             35      of the witness's anticipated rebuttal testimony sufficient to give the opposing party adequate notice
             36      to prepare to meet the testimony, followed by a copy of any report prepared by any rebuttal expert
             37      when available.
             38          [(3)] (4) (a) If the defendant or the prosecution fails to meet the requirements of this
             39      section, the opposing party shall be entitled to a continuance of the trial or hearing sufficient to
             40      allow preparation to meet the testimony.
             41          (b) If the court finds that the failure to comply with this section is the result of bad faith
             42      on the part of any party or attorney, the court shall impose appropriate sanctions.
             43          (5) (a) For purposes of this section, testimony of an expert at a preliminary hearing held
             44      pursuant to Rule 7 of the Utah Rules of Criminal Procedure constitutes notice of the expert, the
             45      expert's qualifications, and a report of the expert's proposed trial testimony as to the subject matter
             46      testified to by the expert at the preliminary hearing.
             47          (b) Upon request, the party who called the expert at the preliminary hearing shall provide
             48      the opposing party with a copy of the expert's curriculum vitae as soon as practicable prior to trial
             49      or any hearing at which the expert may be called as an expert witness.




Legislative Review Note
    as of 1-13-99 11:43 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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