UTCR 6.140: PROCEDURES FOR USE OF HAZARDOUS SUBSTANCE

(1) If a party intends to offer into evidence any hazardous substance at an evidentiary hearing or trial, the party must file a motion no later than 28 days prior to the hearing or trial seeking an order from the court regulating the handling, use and disposition of the hazardous substance.

(2) “Hazardous substance” in this rule is defined as any substance listed or hereafter added to the Federal Aviation Authority Regulations on Hazardous Substances, any provisions of the United States Code defining hazardous substances, or the Federal Controlled Substances Act; or is any potentially dangerous or contaminated substance capable of inflicting death or serious physical injury either immediately or over the course of time. A hazardous substance shall include any device or implement which carries, contains, or exhibits such characteristics.

(3) The court, in its discretion, may issue an order concerning any of the following matters:

(a) A jury view and/or photograph in lieu of transportation of the hazardous substance to the courthouse;

(b) Appointment of a custodian;

(c) Appointment of a disposition expert;

(d) Appointment of a medical expert;

(e) The amount to be transported or viewed;

(f) The container in which the hazardous substance is to be stored;

(g) The location and duration of handling and storage of the hazardous substance;

(h) The disposition of the hazardous substance; and

(i) Other matters intended by the court to safeguard the public and the evidentiary record.

(4) Failure to file a timely motion under subsection (1) of this rule may be grounds for excluding any hazardous substance from the courthouse. 1989 Commentary: To prevent hardship or injustice, relief from application of this rule in an individual case may be sought under UTCR 1.100.