§502. Testimony by simultaneous broadcast
A. The court may authorize the following persons to testify by simultaneous
transmission through audiovisual equipment, if such technology is available in the
courtroom, during any criminal proceeding; juvenile court proceeding; or any family court
proceeding which is of a criminal nature, and any civil forfeiture proceeding arising from
alleged criminal activity:
(1) Employees of criminalistics laboratories.
(2) Coroners.
(3) Forensic pathologists.
(4) Any other person practicing in the field of knowledge and expertise in the
gathering, examination, and analysis of evidence by scientific means.
B. The party seeking to offer testimony as provided in Subsection A of this Section
shall, in all cases, except those in juvenile court which are of a noncriminal nature, provide
written notice to opposing counsel not less than thirty days prior to the commencement of
the proceeding. A party in a case in juvenile court which is of a noncriminal nature seeking
to offer testimony as provided in Subsection A of this Section shall provide written notice
to opposing counsel not less than three days prior to the commencement of the proceeding.
C. The party seeking to introduce testimony in this manner shall be responsible for
coordinating the audiovisual feed into the courtroom. Nothing in this Section shall be
construed to require court personnel to assist in the preparation or presentation of testimony
provided by the provisions of this Section.
D. Nothing in this Section shall be construed as to prohibit the use of a subpoena to
compel any such witness to physically appear and testify in person. When the attorney for
the defendant, or the defendant acting in his own defense, requests that a subpoena be issued
to the person who performed the examination or analysis, the request shall be in writing or
shall contain a certification that the attorney or the defendant intends in good faith to conduct
the cross-examination.
Acts 2009, No. 272, §1; Acts 2020, No. 39, §1, eff. June 4, 2020.