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Evidentiary Examinations
In the US polygraph examinations can be tendered as evidence only under two conditions. One is that they had been stipulated by agreement between the parties and the court. There are 18 states that currently permit stipulated polygraph examinations. A second avenue is where state law permits admissibility of the polygraph. Currently only New Mexico allows polygraph evidence over the objection of opposing counsel, though South Carolina permits wide judicial discretion. Whether by stipulation or by law, polygraph examinations admitted into evidence have minimum requirements. Among them are that the examination must have been competently conducted and evaluated by an expert using a valid testing and analysis technique, that the examination has probative value, that the proper foundation is laid in court, and that the evidence can be challenged by experts from the other side. There are no binding uniform standards for evidentiary polygraph examinations. The American Society for Testing and Materials and the American Polygraph Association have established voluntary standards.
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