No subpoena duces tecum shall issue for the production of writings or documents used to reach the conclusion contained in a certificate of analysis prepared pursuant to § 19.2-187 except upon affidavit that the requested writings or documents are material. Upon a showing by the Commonwealth that the production of such writings and documents would place an undue burden on the Department of Forensic Science, the court may order that the subpoena duces tecum be satisfied by making the writings and documents available for inspection by the requesting party at the laboratory site where the analysis was performed or at the laboratory operated by the Department of Forensic Science which is closest to the court in which the case is pending.
1993, c. 629; 2005, cc. 868, 881.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 12 - Preliminary Hearing
§ 19.2-183.1. Joint preliminary hearings
§ 19.2-185. Testimony may be reduced to writing and subscribed
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge
§ 19.2-187. Admission into evidence of certain certificates of analysis
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances
§ 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence
§ 19.2-188. Reports by Chief Medical Examiner received as evidence
§ 19.2-188.1. Testimony regarding identification of controlled substances
§ 19.2-188.2. Certificate of surgeon as evidence
§ 19.2-188.4. Two-way video testimony related to certain forensic medical examinations
§ 19.2-189. Commitment of accused for further examination
§ 19.2-190. To whom, and when, examination and recognizance to be certified
§ 19.2-190.1. Certification of ancillary misdemeanor offenses