Monthly Archives: January 2020

UA drug screens – not admissible – OBJECT

By Connie Reguli

Connie Reguli in Washing D.C. 2018.

DRUG SCREENS.

Connie,

No reports necessary. The information will be in the package insert for the drug test. Most say something similar to what the Redwood Toxicology Lab RediCup instert says:

•The RediCup® is used for Screening Only. Positive results obtained with this device are presumptive.

•Additional testing is necessary to confirm the presumptive positive results. Positive results should be “confirmed” by an alternate method such as GC/MS (GasChromatography/Mass Spectrometry) or LC/MS/MS (Liquid Chromatography/Tandem Mass Spectrometry).

•Professional judgment should be applied to any drug of abuse test result, particularly with preliminary positive results.

Positive point of care urine drug screens are only a presumptive positive and must be confirmed by lab testing. If a party wants to enter the results of a point of care drug screen into evidence, enter the package insert, as well.

I will add more on this later.

RECORD YOUR HEARINGS

By Connie Reguli

Connie Reguli in Washington D.C. – 2019. By Freedom Public Press

TENNESSEE FAMILIES – LET ME BE LOUD AND CLEAR ON THIS POINT. YOU HAVE A RIGHT TO RECORD ALL COURT HEARINGS. YOU DO NOT HAVE TO HAVE A COURT REPORTER AND QUITE FRANKLY, I THINK YOU HAVE THE RIGHT TO VIDEO TAPE THE HEARING.

RULE 115. RECORDING HEARINGS

All hearings, except ex parte hearings, shall be audio recorded by the clerk of the court and retained for a minimum of one year from the date of the final disposition of the case.

Advisory Commission Comments. In accordance with T.C.A. §§ 37-1-124(c) and 37-1-159(a), the juvenile court is a court of record. Under this rule, all juvenile courts must create and maintain an audio recording of all hearings in juvenile court, in addition to keeping and maintaining appropriate minutes of hearings. Alternative means of recording, e.g. audio-visual equipment, are acceptable. This rule does not preclude simultaneous recording by a court reporter or other means of recording by a party. This rule is not applicable to reviews conducted by a foster care review board.

In addition, the Tennessee Code provides the attorneys can record any proceeding.

20-9-104. Tape recording of proceedings.

It is lawful for attorneys representing parties in proceedings in any of the courts of this state to use tape recorders as an aid in making notes of the proceedings.