The AABB requires that all collections of samples be performed or witnessed by a competent person with no interest in the test outcome. We recommend that your attorney be the witness as that will both satisfy the AABB and likely also please the court. For contested matters, we highly recommend that the attorneys for both sides witness the specimen collection.

According to the AABB, the phrase no interest in the test outcome would disqualify spouses, children of the person being tested, other family members, friends and any person having any relationship to any of the persons being tested. Per the AABB, persons who may qualify include ministers, child support workers, physicians, attorneys, or a person hired by the laboratory.

Our recommendation takes into consideration the cost of entering evidence not just the cost of collecting it. In contested cases, the opposing party will make every attempt to challenge your evidence and therefore the witness will likely be required to appear in court to testify. Doctors, nurses, and specimen collection services rightfully expect to be paid for their time to appear. Whereas the attorneys are already being paid to be there. We must also ask ourselves if it is good for society to take half a day of a physician’s time away from their patients.

In addition, and quite obviously, it seems logical that opposing counsel will have less grounds to oppose the acceptance of evidence that they themselves witnessed.

Once again, it is not our purpose or place to offer legal advice. We advise you to consult your attorney for advice in selecting an appropriate witness.