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COURT TESTIMONY, DEPOSITIONS, and other LEGAL PROCEEDINGS 1. General 1.1. The Dallas County Institute of Forensic Sciences is an independent laboratory which provides services on a fee for services basis under direction of the Dallas County Commissioners Court and the Director of the Institute. 1.2. As such, the Institute is not part of any police agency, the Dallas County Sheriffs Office, or the District Attorneys Office. 1.3. Most cases submitted to the Laboratory are forensic in nature and employees may reasonably be expected to provide testimony in legal proceedings regarding facts and opinions related to submitted evidence. 1.4. As outlined in the mission statement of the Institute, it is the goal of Institute staff to perform forensic laboratory analyses with accuracy, integrity, and reliability and to present written and oral results of analyses in a complete and impartial manner. 2. Fact Testimony 2.1. All employees of the Forensic Chemistry Section are subject to call for fact testimony by virtue of their employment with the Institute. 2.2. This type of testimony is used for building a record at trial concerning events occurring prior to trial such as receipt and release of evidence, custody of evidence, typing of reports, etc. 2.3. Employees called as fact witnesses must limit their testimony to personal actions taken (receipt and release of evidence, record generation, lab number assignment, typing, etc.). 2.4. Use of laboratory records by fact witnesses shall be limited to identification of applicable records and actions personally conducted by the employee. 2.5. The fact witness should not respond to questions about legal or scientific aspects of the case; these should be referred to other witnesses. 3. Introducing a Business Record 3.1. Laboratory staff may be called to introduce a laboratory report as a business record. 3.2. This typically occurs when the testifying staff did not perform work on the case under discussion. 3.3. The witness will answer a standard set of questions designed to establish the case report as a business record. 3.4. Then the witness will read the report into the record. 4. Expert Witness Testimony 4.1. Most testimony performed by analysts and supervisors will blend fact testimony with opinion or expert testimony. 4.2. Testifying staff are expected to maintain proficiency in the following areas: 4.2.1. A thorough understanding of applicable Texas and federal laws. 4.2.2. A broad general knowledge of natural science as applicable.
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4.2.3. An appropriate subject matter expertise in the employeees discipline. 4.2.4. Knowledge of the legal requirements for maintaining chain of custody of evidence and for ensuring care, custody, and control of evidence and official records of their analyses. 4.2.5. Mastery over the scientific and technical aspects of the analytical methods used and the legal and scientific certainty of the validity of their results. 4.2.6. The ability to defend their analytical findings under court examination with clear and concise testimony using acquired forensic skills. 4.3. Until such time as an employee is considered acceptable by the Section Chief to give courtroom testimony, he shall not provide expert testimony in those cases in which he has prepared the report but shall refer such cases to the designated analyst or supervisor who will have co-signed the case report. 4.4. Expert witness testimony will be limited to the analysts area of expertise and will be further limited to testimony in cases in which the analyst actually performed work, work was performed under their supervision, or testimony is provided with approval of a supervisor. 4.5. The analyst is responsible for testimony concerning laboratory policy or interpretation of the law only as it pertains to the analytical conclusion reached in the specific case at trial. 4.6. Because expert knowledge is not subject to subpoena, analysts cannot be required to provide testimony in any case in which they did not perform analyses. 4.7. Permission to conduct outside employment requires prior permission of the Section Chief forwarded up to the Institute Director; the policy relating to outside employment is covered in the Dallas County Code. 4.8. An employee providing testimony as part of his County duties, must produce a subpoena unless testimony is provided for the Dallas County District Attorneys Office or meets other standing arrangement. 4.8.1. Pre-arrangement has been made with the Dallas County District Attorneys Office to honor telephone or fax requests in order to avoid the expense and inconvenience of issuing subpoenas for Institute employees. 4.9. Individuals leaving the building to go to Court should check out with the Section Secretary or Evidence Registrar. 4.10. All requests including subpoenas for testimony which is unrelated to the analysis of a specific Institute case must be reviewed prior to trial with a supervisor or Institute Director in the absence of a supervisor. 4.11. The individual receiving a subpoena is responsible for advising the requestor of applicable preparation, testimony, and travel fees to be charged by Dallas County related to the subpoena; written agreement to pay fees should be received from the requestor prior to the date of the proceeding. 4.11.1. Disagreement about payment of fees should be brought to the attention of a supervisor and the Civil Section, Dallas County District Attorneys Office, prior to the proceeding. 4.11.2. The Dallas County Commissioners Court has ordered that payment is required in advance (two hours minimum) for all services provided to private attorneys and any costs in excess of the minimum are payable at the time service is rendered.

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4.11.3. At the discretion of the Director, payment may be required before any service is rendered. 5. Testimony in the Capacity of Supervisor 5.1. The Eighth District of Texas, Court of Appeals in the case of Antoine Delano Caw v. the State of Texas (No: 08-92-00155-CR) has determined that chemists employed by the Dallas County Forensic Laboratory do not meet the definition of law enforcement personnel. Therefore, test results sponsored by a supervisor are admissible as a business records exception to the hearsay rules. 5.2. A supervisor usually enters the report as a business record. He then provides testimony regarding education and training of the analyst and their oversight of the analyst. After review of case file documentation, the supervisor can also testify as an expert witness based upon his own evaluation of data in the case file. 6. Dress 6.1. Professional business attire should be worn to all legal proceedings. 6.2. This usually includes a tie and/or jacket for men and dress, skirt, or pantsuit for women. 6.3. Shorts, jeans, and tee shirts are not appropriate. 6.4. Physical appearance should be neat and professional. 6.5. Dress code for federal may be more stringent; direction is usually provided with the subpoena if applicable. 7. Review of Testimony 7.1. Testimony of staff will be reviewed annually as described in the Quality Management Program. 8. General Guidelines for Testimony 8.1. Tell the truth at all times. 8.2. If you do not know or are unsure of an answer, clearly state this; you may state that you are not trained in this area, refer the question to a supervisor, etc. 8.3. Remain composed and professional; treat all parties with respect. 8.4. Keep on sound scientific ground; stay within your area of expertise. 8.5. Be prepared; review case prior to trial. 8.6. Understand the difference between possibility and probability. 8.7. Do not answer questions you do not understand. Ask for questions to be repeated or rephrased. 8.8. Do not provide answers to unasked questions. 8.9. Explain scientific concepts in clear laymans terms; avoid use of jargon. 8.10. Speak to the jury (jury trial) or judge (trial before the court). 8.11. When problems or confusion arise, speak to the Judge. 8.12. Speak slowly and distinctly. Speak in a tone that can be heard by the jury and court reporter.
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8.13. Discuss any concerns with your supervisor.

Dallas County Institute of Forensic Sciences Toxicology Procedure Manual

Testimony Version 2.0