ASTM_E_2028_-_99.pdf

Designation:E 2028 99Standard Practice forReceiving,Testing and Reporting Results of Investigation ofMetal,Ore,or Metal Related Samples that Are or May BeInvolved in Litigation1This standard is issued under the fixed designation E 2028;the number immediately following the designation indicates the year oforiginal adoption or,in the case of revision,the year of last revision.A number in parentheses indicates the year of last reapproval.Asuperscript epsilon(e)indicates an editorial change since the last revision or reapproval.1.Scope1.1 This practice covers the procedures to be used forreceiving,testing and reporting results of investigation ofmetals,ores,related materials or samples thereof that havebeen the subject of an incident that is or is reasonably expectedto be the subject of litigation.1.2 This practice was developed particularly for cases in-volving civil litigation,however it can be applied to criminalcases where it does not conflict with applicable laws andregulations.2.Referenced Documents2.1 ASTM Standards:E 620 Practice for Reporting Opinions of Technical Ex-perts2E 678 Practice for Evaluation of Technical Data2E 860 Practice for Examining Testing Items thatAre or MayBecome Involved in Litigation2E 1188 Practice for Collection and Preservation of theInformation and Physical Items by a Technical Investiga-tor22.2ISO Standard:3ISO Guide 25 General Requirements for the Competence ofCalibration and Testing Laboratories2.3Other Documents:NIST Handbook 150NVLAP Procedures and GeneralRequirements4NIST Handbook 150-18 NVLAP Fasteners and Metals43.Terminology3.1 Definitions:3.1.1 deposition,nthe process during which a potentialwitness for a trial is questioned under oath(“being deposed”)by the attorney of the opposing party prior to the trial as partof the“discovery”process.3.1.2 evidence chain of custody form,nform used toaccompany the evidence,when evidence is transmitted fromone person to another to prove a continuous chain of custody.3.1.3 expert witness,na witness having expertise in thefield in which he is about to give testimony and whosetestimony can aid the judge and jury to understand thetechnical facts involved in the case before them.3.1.3.1 DiscussionBefore being accepted as an expertwitness in a case,the witness has to submit to an examinationand a cross examination concerning his qualifications.Anexpert witness can testify to what he saw,heard,or did(suchas tests performed),and state opinions in his field of expertise.3.2 Definitions of Terms Specific to This Standard:3.2.1 evidence,nany metal,ore or related material,re-gardless whether or not it is an entire part,a portion of a partor a representative sample of some metal,ore or relatedmaterial,having actual or potential bearing on the incident orits outcome.3.2.2 incident,nany event or occurrence that causesdirectly or indirectly death,injury,or material damage thatresults or can result in a claim or litigation.3.2.3 investigator,nthe technically competent person incharge of the testing.4.Significance and Use4.1 This practice sets guidelines for the receiving,testingand reporting of result of the investigation of metal,ores andrelated materials that may constitute evidence that is or maybecome involved in litigation.It outlines procedures to befollowed to document the nature and condition of the evidence,the planning and performance of the testing,and actions thatinvolve altering the nature or condition of the evidence.5.ProcedureGeneral5.1 The laboratory performing the testing can be:a labora-tory owned or operated,or both,by one of the parties involvedor potentially involved in the litigation of the incident,such asplaintiff(s),or defendant(s),an independent laboratory hired byone of the parties involved or his representative,a laboratoryowned or hired by a government agency to establish if anyviolation of law or regulations was committed,or a laboratoryto act as an arbitrator selected jointly by the plaintiff(s)and1This practice is under the jurisdiction of ASTM Committee E-1 on AnalyticalChemistry for Metals,Ores and Related Materials and is the direct responsibility ofSubcommittee E01.20 on Fundamental Practices and Measurement Traceability.Current edition approved June 10,1999.Published August 1999.2Annual Book of ASTM Standards,Vol 14.02.3Available fromAmerican National Standards Institute,11W.42ndSt.,13thfloor,New York,NY 10036.4Available from the U.S.Government Printing Office,Washington,DC 20402-9325.1Copyright ASTM,100 Barr Harbor Drive,West Conshohocken,PA 19428-2959,United States.defendant(s)or appointed by a court or arbitrating authority.5.1.1 The laboratory shall follow all procedures outlined inthis practice and produce unbiased results,opinions andreports.5.2 When evidence from an incident is submitted to thelaboratory,an investigator is appointed to the particular inci-dent.The investigator shall be in charge of receiving,recordingand securing all evidence received,planning the testing,performing or supervising the p