Proving Chain of Custody

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  24. Proving Chain of Custody
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Proving chain of custody is not difficult if you have the CBI Litigation Packet and are prepared. First, do not make chain of custody an issue unless it is one. Most defense attorneys do not demand you prove chain of custody unless it is clearly at issue. Second, if you must, there are three easy ways to prove chain of custody in CBI cases:

    1. Have your forensic toxicologist or laboratory analyst review the chain of custody report in the CBI litigation packet beforehand and testify at trial that there were no issues with the chain of custody.
    2. Qualify your forensic toxicologist or laboratory analyst as a business records custodian at trial and have them admit the chain of custody portion of the CBI litigation packet as a business record showing complete chain of custody.
    3. Before trial, have a records custodian sign an affidavit with the chain of custody portion of the CBI Litigation Packet attached and then timely file the notice pursuant to C.R.E. 803(6) and 902(11).

The first two approaches require you to prepare your expert appropriately before trial. The third approach requires you to timely file notice and the appropriate affidavits before trial. The key, no matter your approach, to proving chain of custody is to be prepared.

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