§ RULE 11-707. POLYGRAPH EXAMINATIONS
RULE 11-707. POLYGRAPH EXAMINATIONS
A. Definitions. As used in this rule:
(1) “chart” means the record of bodily reactions by a polygraph instrument that is attached to the human body during a series of questions;
(2) “polygraph examination” means a test using a polygraph instrument which at a minimum simultaneously graphically records on a chart the physiological changes in human respiration, cardiovascular activity, galvanic skin resistance or reflex for the purpose of lie detection;
(3) “polygraph examiner” means any person who is qualified to administer or interpret a polygraph examination; and
(4) “relevant question” means a clear and concise question which refers to specific objective facts directly related to the purpose of the examination and does not allow rationalization in the answer.
B. Minimum Qualifications of Polygraph Examiner. To be qualified as an expert witness on the truthfulness of a witness, a polygraph examiner must have at least the following minimum qualifications:
(1) at least five (5) years' experience in administration or interpretation of polygraph examinations or equivalent academic training;
(2) conducted or reviewed the examination in accordance with the provisions of this rule; and
(3) successfully completed at least twenty (20) hours of continuing education in the field of polygraph examinations during the twelve (12) month period immediately prior to the date of the examination.
C. Admissibility of Results. Subject to the provisions of these rules, the opinion of a polygraph examiner may in the discretion of the trial judge be admitted as evidence as to the truthfulness of any person called as a witness if the examination was performed by a person who is qualified as an expert polygraph examiner pursuant to the provisions of this rule and if:
(1) the polygraph examination was conducted in accordance with the provisions of this rule;
(2) the polygraph examination was quantitatively scored in a manner that is generally accepted as reliable by polygraph experts;
(3) prior to conducting the polygraph examination the polygraph examiner was informed as to the examinee's background, health, education and other relevant information;
(4) at least two (2) relevant questions were asked during the examination; and
(5) at least three (3) charts were taken of the examinee.
D. Notice of Examination. Any party who intends to use polygraph evidence at trial, shall not less than thirty (30) days before trial or such other time as the district court may direct, serve upon the opposing party a written notice of such party's intention to use such evidence. The following reports shall be served with the notice:
(1) a copy of the polygraph examiner's report, if any;
(2) a copy of each chart;
(3) a copy of the audio or video recording of the pretest interview, actual testing and posttest interview; and
(4) a list of any prior polygraph examinations taken by the examinee in the matter under question, including the names of all persons administering such examinations, the dates and the results of the examinations.
E. Recording of Tests. The pretest interview and actual testing shall be recorded in full on an audio or video recording device.
F. Determination of Admissibility. The court shall make any determination as to the admissibility of a polygraph examination outside the presence of the jury.
G. Compelled Polygraph Examinations. No witness shall be compelled to take a polygraph examination over objection. However, for good cause shown, the court may compel the taking of a polygraph examination by a witness who has previously voluntarily taken an examination and has given notice pursuant to Paragraph D that the party intends to use the polygraph examination. If a witness refuses to take a polygraph examination ordered by the court under this paragraph, opinions of other polygraph examiners as to the truthfulness of the witness shall be inadmissible as evidence.