• About
  • Blog
  • Forensic Disciplines
    • Foundations of Forensics
    • Arson
    • Bite Mark
    • Blood & Bodily Fluids
    • Child Abuse Allegations
    • Crime Scene Investigation
    • Death Investigation
    • Detection Dogs
    • Digital Evidence
    • DNA
    • Drug Analysis
    • Drug Recognition Experts
    • Eyewitness ID
    • Fingerprints
    • Firearms
    • Forensic/Sexual Assault Exams
    • Measurement Uncertainty
    • Mental Health
    • Toxicology
    • Trace Evidence
  • Resources
    • Forensic Consultations
    • Books
    • Cases
    • Featured Articles
    • Legislation
    • Motions and Briefs
      • Discovery Motions
      • Funding for Experts
      • Motions for Appropriate Relief
      • Motions to Exclude Expert Testimony
      • Motions for Independent Testing
      • Motions to Preserve Evidence
      • Motions to Suppress
      • Analyst Certification Motions
    • Reports & Publications
    • Trainings
    • Websites
    • Forensic Terminology
    • Online Research Tools
  • Crime Labs
    • General Information
    • NC State Crime Lab Procedures
    • Charlotte Mecklenburg Crime Lab
    • CCBI Lab Procedures
    • NC OCME Toxicology Lab
    • Pitt Co. Sheriff’s Forensic Services
    • Sec. of State Digital Forensic Lab
    • Wilmington Police Dept Crime Lab
    • Private and Out-of-State Labs
  • News Articles
  • Experts
    • Browse All Experts
    • Working with Experts
    • Expert Services Project
    • Add or Update Expert Records
    • Find a Private Investigator
  • Subscribe
  • Menu
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Forensic Resources

North Carolina Office of Indigent Defense Services

Header Right

MENUMENU
  • About
  • Blog
  • Forensic Disciplines
        • Foundations of Forensics
        • Arson
        • Bite Mark
        • Blood & Bodily Fluids
        • Child Abuse Allegations
        • Crime Scene Investigation
        • Death Investigation
        • Detection Dogs
        • Digital Evidence
        • DNA
        • Drug Analysis
        • Drug Recognition Experts
        • Eyewitness ID
        • Fingerprints
        • Firearms
        • Forensic/Sexual Assault Exams
        • Measurement Uncertainty
        • Mental Health
        • Toxicology
        • Trace Evidence
  • Resources
        • Forensic Consultations
        • Books
        • Cases
        • Featured Articles
        • Legislation
        • Reports & Publications
        • Trainings
        • Websites
        • Forensic Terminology
        • Online Research Tools
        • Motions and Briefs
          • Discovery Motions
          • Funding for Experts
          • Motions for Appropriate Relief
          • Motions to Exclude Expert Testimony
          • Motions for Independent Testing
          • Motions to Preserve Evidence
          • Motions to Suppress
          • Analyst Certification Motions
  • Crime Labs
    • General Information
    • NC State Crime Lab Procedures
    • Charlotte Mecklenburg Crime Lab
    • CCBI Lab Procedures
    • NC OCME Toxicology Lab
    • Pitt Co. Sheriff’s Forensic Services
    • Sec. of State Digital Forensic Lab
    • Wilmington Police Dept Crime Lab
    • Private and Out-of-State Labs
  • News Articles
  • Experts
    • Browse All Experts
    • Working with Experts
    • Expert Services Project
    • Add or Update Expert Records
    • Find a Private Investigator
  • Subscribe
You are here: Home / Crime Labs / Sample Motion for Independent Testing of Evidence

Sample Motion for Independent Testing of Evidence

October 14, 2013 //  by Sarah Olson//  Leave a Comment

Defense attorneys may decide to make a motion for independent testing of forensic evidence in cases where either the State has chosen not to complete forensic testing of an item of evidence or where the State has tested the item and the defense would like it to be re-tested. This issue has come up more frequently in recent DWI cases where the State has elected to proceed on an “appreciable impairment” theory rather than waiting to have the blood sample tested by the State Crime Lab.

Failure to include necessary information in a motion and order for independent testing can result in delays as the evidence custodian attempts to determine how to comply with the court order that lacks information needed to ship the item of evidence to the independent laboratory. In an attempt to ensure that the necessary information is included in a motion and order for independent testing, I have drafted a sample motion and order that attorneys can adapt to their cases. Assistant Attorney General Joy Strickland has been provided an opportunity to review it and make suggested changes. Here is a link to the motion and order.

Category: Crime Labs, Motions & BriefsForensic Discipline: Drug Analysis, Toxicology

Previous Post: « Post on new fees for forensic expert testimony
Next Post: Director of North Carolina State Crime Laboratory position posted »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Site Footer

The Forensic Resource Counsel provides assistance to North Carolina attorneys litigating scientific evidence issues.
Information provided on this website is for educational purposes and does not constitute legal advice.
Copyright © 2023 · Office of Indigent Defense Services · All Rights Reserved · Website by Tomatillo Design

Copyright © 2023 Forensic Resources · All Rights Reserved · Powered by Mai Theme